Effective date: October 5, 2021

Welcome to Popchew. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:

Email: legal@eatpopchew.com

Address: 135 W 96TH ST APT 13F NEW YORK, NY 10025

These Terms of Use (the “Terms”) are a binding contract between you and KASHMIRA, INC. (“Popchew,” “we” and “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and any other relevant policies. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions (“Additional Terms”), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms. Please note that we do not currently support use by individuals under the age of sixteen (16). If you are under the age of sixteen (16), please do not attempt to register for or otherwise use the Services. If we learn you are under the age of sixteen (16), we will terminate your account and delete any personal information provided by you as quickly as possible. If you believe that anyone under the age of 16 may have registered for the Services or provided us with any personal information, please contact us at legal@eatpopchew.com.

Please read these Terms carefully. They cover important information about Services provided to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and resolution of disputes by arbitration instead of in court. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.popchew.com/, send you an email, and/or notify you by some other means.

If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.

Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

Popchew takes the privacy of its users very seriously. For the current Popchew Privacy Policy, please click here.

Children’s Online Privacy Protection Act

We do not knowingly collect or solicit personally identifiable information from anyone under the age of sixteen (16); if you are under the age of sixteen (16), please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from anyone under the age of sixteen (16), we will delete that information as quickly as possible. If you believe that anyone under the age of sixteen (16) may have provided us personal information, please contact us at legal@eatpopchew.com.

What are the basics of using Popchew?

You may be required to sign up for an account, select a password and user name (“Popchew User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your Popchew User ID a name that you do not have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf).

You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party. You will comply with all laws that apply to you, your use of the Services, and your actions and omissions that relate to the Services (for example, Restaurants must comply with all laws that relate to the Restaurant Items (as defined below)). If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your Popchew User ID, account or password with anyone, and you must protect the security of your Popchew User ID, account, password and any other access tools or credentials. You’re responsible for any activity associated with your Popchew User ID and account.

Connecting Restaurants and Customers

Popchew connects those providing certain goods (“Restaurants”) and those looking to acquire those goods (“Customers”). When we use the word “you” in these Terms, it refers to any user, regardless of whether he or she is a Restaurant or Customer, while if we use one of those specific terms, it only applies to that category of user.

Before receiving goods from any Restaurant (“Restaurant Items”), Customers are responsible for making their own determinations that the Restaurant Items are suitable. Popchew is only responsible for connecting Restaurants and Customers, and can’t and won’t be responsible for making sure that Restaurant Items are up to a certain standard of quality. Popchew similarly can’t and won’t be responsible for ensuring that information (including credentials) a Customer or Restaurant provides about himself or herself or about the Restaurant Items he or she is offering is accurate or up-to-date. We don’t control the actions of any Customer or Restaurant, and Restaurants aren’t our employees.

Popchew does not directly offer the Restaurant Items. You hereby acknowledge that Popchew does not supervise, direct, control or monitor the Restaurant Items and expressly disclaims any responsibility and liability for the Restaurant Items, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

Alcohol. By using the Services, you agree to comply with If an order is placed at a Restaurant which is licensed to sell alcoholic beverages, you represent that both you and, if different, the ultimate recipient of the order are at least 21 years of age. Upon receipt of the order, the recipient shall present a government-issued identification card consistent with applicable law, evidencing proof of legal drinking age. You also agree that the Restaurant may refuse to sell the ordered alcoholic beverages if you appear to be intoxicated when receiving delivery of such products. You hereby acknowledge that Popchew does not supervise, direct, control or monitor the Restaurant in connection with the sale of alcoholic beverages or any other items and expressly disclaims any responsibility and liability in connection with such sale, including but not limited to any warranty or condition of quality or fitness for a particular purpose, or compliance with any law, regulation, or code.

What about messaging?

As part of the Services, you may receive communications through the Services, including messages that Popchew sends you (for example, via email or SMS). By signing up for the Services and providing us with your wireless number, you confirm that you want Popchew to send you information that we think may be of interest to you, which may include Popchew using automated dialing technology to text you at the wireless number you provided, and you agree and consent to receive communications from Popchew including marketing messages, and you represent and warrant that each person you register for the Services or for whom you provide a wireless phone number has consented to receive communications from Popchew. You agree to indemnify and hold Popchew harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. You agree and understand that the foregoing consent is not a condition of purchase and you are not required to provide your phone number or such consent in order to complete a purchase with Popchew or to use the Services.