Last Updated: October 17, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and TakeOut Platform ("Company," "we," "us," or "our") concerning your access to and use of our multi-business ordering platform, including our website, mobile application, and related services (collectively, the "Platform").
By accessing or using the Platform, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.
You must be at least 18 years old to use the Platform. By using the Platform, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
If you do not meet these requirements, you must not access or use the Platform.
To use certain features of the Platform, you must register for an account. You agree to:
The Platform supports different account types:
We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason at our sole discretion.
Businesses must submit an application and receive approval from our platform administrators before becoming active. We reserve the right to reject any business application at our sole discretion.
Businesses must pay monthly subscription fees to maintain active status on the Platform. Subscription fees are charged in advance on a recurring basis and are non-refundable except as required by law.
In addition to subscription fees, we charge platform fees on transactions processed through the Platform. These fees are automatically deducted from business earnings. Fee structures are subject to change with 30 days' notice.
Businesses using the Platform agree to:
When you place an order through the Platform, you are making an offer to purchase the products at the prices stated. All orders are subject to acceptance by the business. We reserve the right to refuse or cancel any order for any reason.
All prices are displayed in the applicable currency and include applicable taxes unless otherwise stated. We reserve the right to correct pricing errors at any time.
Payments are processed through our third-party payment processor (PayMongo). By providing payment information, you represent that you are authorized to use the payment method. You agree to pay all charges at the prices in effect when the charges are incurred.
Refund and cancellation policies vary by business. Please contact the specific business directly regarding refund requests. We are not responsible for refunds but will assist in facilitating communication between customers and businesses.
Delivery groups must maintain active subscriptions, define service territories, and meet our quality standards. We reserve the right to suspend or terminate delivery groups that fail to meet these requirements.
Delivery groups and drivers agree to:
Platform commission fees are deducted from delivery fees. The current commission rate is 15% of the delivery fee, subject to change with notice.
The Platform and its entire contents, features, and functionality are owned by us and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Platform without our express written permission.
You retain ownership of any content you submit to the Platform (e.g., business information, menu items, photos). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content in connection with operating the Platform.
You agree not to:
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We are not responsible for the quality, safety, or legality of products or services offered by businesses on the Platform. We do not guarantee the accuracy of business information or menu details.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE 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, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
You agree to indemnify, defend, and hold harmless TakeOut Platform and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any third-party rights.
If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally.
These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.
Any dispute arising from these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body]. The arbitration shall take place in [Location].
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.
We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Platform, constitute the entire agreement between you and us concerning the Platform and supersede all prior agreements and understandings.
If you have any questions about these Terms, please contact us:
By using the TakeOut Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.