Terms of Service

Last Updated: October 17, 2026

1. Agreement to Terms

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.

2. Eligibility

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.

3. User Accounts

3.1 Account Creation

To use certain features of the Platform, you must register for an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

3.2 Account Types

The Platform supports different account types:

  • Customer Accounts: For placing orders and managing personal information
  • Business Accounts: For registering and managing businesses on the Platform
  • Delivery Group Accounts: For delivery service providers
  • Staff Accounts: For employees of registered businesses

3.3 Account Termination

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.

4. Business Registration and Subscriptions

4.1 Business Approval

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.

4.2 Subscription Fees

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.

4.3 Platform Fees

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.

4.4 Business Obligations

Businesses using the Platform agree to:

  • Provide accurate business information and menu details
  • Fulfill all orders in a timely manner
  • Maintain appropriate licenses and permits
  • Comply with all applicable food safety regulations
  • Maintain accurate pricing and availability information
  • Handle customer complaints professionally

5. Orders and Payments

5.1 Order Placement

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.

5.2 Pricing

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.

5.3 Payment Processing

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.

5.4 Refunds and Cancellations

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.

6. Delivery Services

6.1 Delivery Group Requirements

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.

6.2 Delivery Responsibilities

Delivery groups and drivers agree to:

  • Deliver orders in a timely and professional manner
  • Handle food items with care and maintain appropriate temperatures
  • Maintain valid driver's licenses and vehicle insurance
  • Follow all traffic laws and safety regulations
  • Communicate professionally with customers

6.3 Commission Structure

Platform commission fees are deducted from delivery fees. The current commission rate is 15% of the delivery fee, subject to change with notice.

7. Intellectual Property

7.1 Platform Ownership

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.

7.2 User Content

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.

8. Prohibited Uses

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Submit false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to the Platform
  • Interfere with the proper functioning of the Platform
  • Use automated systems to access the Platform without permission
  • Harass, abuse, or harm other users
  • Upload viruses or malicious code
  • Collect user information without consent
  • Use the Platform for any illegal or unauthorized purpose

9. Disclaimer of Warranties

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.

10. Limitation of Liability

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.

11. Indemnification

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.

12. Dispute Resolution

12.1 Informal Resolution

If you have a dispute with us, you agree to first contact us and attempt to resolve the dispute informally.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

12.3 Arbitration

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].

13. Modifications to Terms

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.

14. Termination

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.

15. Severability

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.

16. Entire Agreement

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.

17. Contact Information

If you have any questions about these Terms, please contact us:

  • Email: legal@takeout.com
  • Address: [Your Company Address]
  • Phone: [Your Contact Number]

By using the TakeOut Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Terms of Service | TakeOut Platform | Digdi Takeout