Last updated: December 28, 2024

Welcome to the terms and conditions of use for Caterers and Registered Restaurants on Katerout's platform. Please read these Terms and Conditions carefully before using the platform in any way. By registering as a Caterer or Restaurant on our platform, you agree to these Terms and Conditions. If you do not agree with any part of these terms, please do not register or use the Katerout platform.

Definitions

The following words and terms shall have the respective meanings ascribed to them unless the context otherwise requires:

• "Katerout": Refers to Katerout Inc., providing its services through the Katerout website, located in the DMV area, and hereinafter referred to as "we," "us," or "our."
• "Caterer/Restaurant": Any of the caterers or restaurants registered to offer their products on the Katerout platform.
• "Logistics Partner": The third-party company responsible for delivering the orders placed through the Katerout platform.
• "Platform": The Katerout website through which the caterers and restaurants can offer their services.
• "MVP": Minimum Viable Product, referring to the early-stage version of the Katerout service offered to gather feedback.

Registration and Use of the Platform

By registering on the Katerout platform, Caterers and Restaurants agree to the following:

• Ensure that all provided information is accurate and up-to-date.
• Maintain the quality and standards of the products offered as described on the platform.
• Comply with all applicable health and safety regulations in the preparation and delivery of food.
• Allow Katerout to collect and use data for improving services and customer satisfaction.

Responsibilities of Caterers and Restaurants

Caterers and Restaurants are responsible for:

• Accurately describing products, including ingredients and potential allergens.
• Ensuring timely preparation of orders to meet delivery schedules.
• Cooperating with the logistics partner to ensure successful and timely deliveries.
• Addressing any customer complaints promptly and professionally.
• Adhering to all applicable laws and regulations, including food safety and health standards.

Product Standards and Quality Assurance

All products offered on the Katerout platform must meet the quality and standards described in the product listing. Caterers and Restaurants must ensure that products are prepared and packaged in compliance with health regulations. Katerout reserves the right to remove products that do not meet these standards.

Intellectual Property Rights

Caterers and Restaurants retain ownership of the intellectual property rights of their products and branding. By listing products on the Katerout platform, Caterers and Restaurants grant Katerout a non-exclusive, royalty-free license to use their trademarks, logos, and product descriptions for the purposes of marketing and promoting their products on the platform.

Order Processing and Fulfillment

Caterers and Restaurants must process and fulfill orders promptly. They are responsible for ensuring that orders are accurately prepared and ready for pickup by the logistics partner at the designated time. Any delays or issues in order fulfillment must be communicated to Katerout immediately.

Payment and Invoicing

Payments for orders will be processed through the Katerout platform. Caterers and Restaurants will receive payment for completed orders minus any applicable fees, such as service charges or commissions. Payments will be disbursed according to the payment schedule agreed upon during registration. Invoices will be provided for all transactions.

Refunds and Cancellations

Caterers and Restaurants must comply with Katerout's refund and cancellation policies. If a customer requests a refund due to an issue with the order (e.g., incorrect or substandard product), the Caterer or Restaurant may be required to provide a replacement or issue a refund. Cancellations by the Caterer or Restaurant must be communicated to Katerout as soon as possible.

Service Availability and Disruptions

Caterers and Restaurants must notify Katerout of any changes in their service availability, such as closures or holiday hours, in advance. In the event of a service disruption, Katerout must be informed immediately so that customers can be notified and alternative arrangements can be made.

Termination and Suspension

Katerout reserves the right to suspend or terminate the account of any Caterer or Restaurant that violates these Terms and Conditions, fails to meet quality standards, or engages in fraudulent or illegal activities. Caterers and Restaurants may also terminate their account by providing notice to Katerout. Any outstanding orders must be fulfilled before termination.

Dispute Resolution

Any disputes arising out of or in connection with these Terms and Conditions or the use of the Katerout platform by Caterers or Restaurants shall be resolved through binding arbitration in accordance with the rules of [Arbitration Institution]. The arbitration shall take place in the Commonwealth of Virginia, and the arbitrator's decision shall be final and binding.

Limitation of Liability

To the maximum extent permitted by law, Katerout shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of or in connection with the Caterer's or Restaurant's use of the platform, their inability to use the platform, or any issues related to order fulfillment or delivery.

Indemnification

Caterers and Restaurants agree to indemnify and hold harmless Katerout, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including without limitation legal and accounting fees, arising out of or in any way connected with their use of the platform, their violation of these Terms and Conditions, or their infringement of any intellectual property or other right of any person or entity.

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in the courts located in the Commonwealth of Virginia, and the parties irrevocably consent to the personal jurisdiction and venue therein.

Amendments to Terms and Conditions

Katerout reserves the right to amend these Terms and Conditions at any time. Caterers and Restaurants will be notified of any significant changes via the platform or email. Continued use of the platform after any changes have been made constitutes acceptance of the new terms.

Contact Information

For any questions or inquiries regarding these Terms and Conditions, please contact us at support@katerout.com.