Effective Date: August 13, 2026
THESE TERMS CONTAIN PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTES THROUGH MANDATORY BINDING ARBITRATION. PLEASE READ THEM CAREFULLY.
1. Introduction
Hawk Order (“Company,” “we,” “us,” or “our”) provides an online platform that enables users to place food orders from independent restaurants. By accessing or using our websites, mobile applications, and related services (collectively, the “Sites”), you agree to be bound by these Terms of Use (“Agreement”). If you do not agree, please do not use the Sites.
2. Service Scope and Disclaimer
Hawk Order operates as a technology service provider. The restaurants listed on our Sites operate independently. You acknowledge that:
- Hawk Order is not responsible for food preparation, quality, safety, or menu disclosures.
- We do not control the restaurant staff or the methods used by delivery service providers.
- All questions regarding your order, food allergies, or quality must be directed to the restaurant.
3. User Accounts and Conduct
You must be at least 13 years old to use the Sites. If you are a minor, you must have parental consent. You agree to provide accurate information and maintain the confidentiality of your account. You are prohibited from:
- Using automated tools (bots, scrapers, crawlers) to extract data.
- Impersonating other users or attempting unauthorized access to our servers.
- Engaging in any activity that disrupts or overburdens the Sites.
- Using content from the Sites for commercial competition.
4. Payments and Fees
You are responsible for all charges incurred through your account. Platform or service fees are charged for the use of our technology and are not passed to the restaurant. You must report any billing errors directly to the restaurant within seven (7) days of the order date. Failure to do so constitutes a waiver of your right to a refund or credit.
5. Intellectual Property
All materials on the Sites, including text, graphics, logos, and software, are the property of Hawk Order or its licensors and are protected by copyright and trademark laws. You are granted a limited, non-exclusive license for personal, non-commercial use only.
6. Limitation of Liability
THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, HAWK ORDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. HAWK ORDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT ORDER OR FIVE HUNDRED DOLLARS ($500 USD), WHICHEVER IS LESS.
7. Dispute Resolution and Class Action Waiver
In the event of a dispute, you agree to first attempt to resolve it through direct discussion with us. If a resolution is not reached within 60 days, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. YOU EXPRESSLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST HAWK ORDER.
8. Indemnification
You agree to indemnify and hold harmless Hawk Order and its affiliates from any claims, losses, or damages arising out of your violation of these Terms or your use of the Sites.
9. Changes to this Agreement
We reserve the right to modify these Terms at any time. Changes become effective upon posting to the Sites. Continued use of the Sites after such changes constitutes your acceptance of the updated Terms.
