Terms of Service

Cater Bundles is a group catering marketplace operated by Foodie Game Changer (FGC) of Fremont, California. In these terms, “Cater Bundles”, “we”, “us” and “our” mean that business, and “you” means anyone who uses caterbundles.com, places an order, or runs a restaurant account on our partner portal.

By using the site or placing an order you accept these terms and our Privacy Policy, which is part of this agreement. If you do not accept them, do not use the service. If you are ordering on behalf of a company, you confirm you are authorised to bind that company, and “you” includes it.

Restaurants and couriers are independent businesses, not our employees, agents or partners in a legal sense. They control their own recipes, ingredients, preparation, packaging, staffing, licensing and food safety practices. We do not supervise them and we do not inspect their kitchens.

What we are responsible for is our own service: the catalog and the prices we show, taking your order accurately, charging you the amount you approved, passing your order to the right kitchens, arranging a courier, and keeping you informed. Section 15 and section 16 set the limits on that responsibility.

• You must be at least 18 years old and able to enter a binding contract.
• You do not need an account to order. If you create one, keep your password confidential and tell us promptly if you think someone else has access to it.
• You are responsible for activity under your account, including orders placed and payment methods saved on it.
• Give us accurate information. A wrong delivery address, phone number or event time is the most common reason an order goes wrong, and we cannot fix what we were not told.
• We may suspend or close an account that breaks these terms, that we reasonably believe is being used fraudulently, or where we are required to by law.

Building a cart is not an order. An order exists only when you complete checkout and we confirm it. We may decline or cancel an order before it is confirmed, for example if a dish sold out, a kitchen cannot cover the date, the delivery address is outside our service area, or we suspect fraud. If we decline an order you are not charged, or you are refunded in full if a charge already went through.

Timing rules

• Orders must be placed at least 24 hours before the delivery time. This is a firm limit, applied when your order reaches our servers rather than when you started the cart, so an order that sits unfinished at the deadline will be rejected.
• Delivery times are fixed slots: 11:00 AM, 11:30 AM, 12:00 PM, 12:30 PM, 1:00 PM, 1:30 PM, 5:00 PM and 6:00 PM.
• All dates and times mean local time in our business timezone, currently US Pacific time, no matter where you are when you order.
• Individual restaurants set their own catering hours and their own advance notice, which can be longer than 24 hours. Checkout will only offer you dates and slots that every restaurant in your bundle can actually cook, so adding a kitchen with tighter hours can remove options you saw a moment earlier.

Quantities

Some dishes are sold in trays or in minimum batches, and packages are priced per guest with a minimum guest count. Checkout enforces those minimums and will tell you when a line does not meet one. Headcount is capped at 2,000 guests; for anything larger, contact us and we will arrange it directly.

Every amount is calculated on our servers, never in your browser, so the total shown at checkout is the total charged. Prices are in US dollars.

• Food prices are set by each restaurant and can change. The price that applies is the one shown when you check out.
• Sales tax is applied per restaurant at the rate for that restaurant's location, so a bundle spanning several kitchens can carry several tax rates.
• Delivery is $35, and free when your food subtotal is $250 or more.
• Tips are optional, are added at checkout, and go to the courier.

We may change fees and pricing rules at any time. Changes never apply retroactively to an order you have already placed.

Card details are collected in your browser by Stripe and go straight to Stripe. They do not pass through our servers. By checking out you authorise us, acting as the restaurants’ limited agent for payment collection, to charge your card for the full order total including food, tax, fees and any tip.

If you choose to save a card, we keep only a token that identifies it to Stripe plus the brand, last four digits and expiry for display. You can remove it from your profile at any time. If a charge fails or is later reversed, we may cancel the order and recover the amount owed through any payment method on your account.

If you believe a charge is wrong, contact us first. Disputing a charge with your bank before talking to us usually takes longer to resolve and we may suspend the account while it is open.

Catering is not a normal takeaway order. Kitchens buy ingredients and commit staff ahead of your event, so what we can refund depends on how far along your order is. To change or cancel anything, contact us as early as you can and include your order number. There is no self-service cancel button, because a bundle spans several kitchens that each need telling.

• Before we charge your card, which is normally within minutes of checkout, you can cancel for a full refund.
• After we charge, but before any kitchen has started preparing your food, you can cancel for a full refund.
• Once a kitchen has started preparing, that kitchen's food, tax and share of the order is non-refundable, because it has already been bought and cooked. Any kitchen in your bundle that has not started is still refundable.
• Once an order is out for delivery it cannot be cancelled.
• Changes to the delivery address, time or headcount are treated as a cancellation and a new order once preparation has started, since a kitchen cannot un-cook a tray.

If something goes wrong on our side or a restaurant cannot fulfil what you ordered, we will refund the affected portion in full whatever stage the order reached. Refunds go back to the original payment method and typically appear within five to ten business days depending on your bank.

Someone needs to be able to receive the delivery. If nobody is reachable at the address during the delivery window and the courier cannot complete a safe drop-off, the order is treated as delivered and is not refundable.

• Delivery is performed by an independent courier service, currently DoorDash Drive. Each restaurant in your bundle is a separate pickup, so a large bundle may arrive as more than one drop within the same window.
• Delivery times are targets, not guarantees. Traffic, weather, kitchen delays and courier availability all affect them.
• You can ask for contactless delivery and leave drop-off instructions. If you do, the food is left as instructed and responsibility for it passes to you at that point.
• Risk of loss and ownership of the food pass to you on delivery.
• We deliver only within our published service area. If you move an order outside it, we may cancel and refund it.

Tell us about anything that affects access, such as a gate code, a loading dock, a locked lobby or a campus building number. Couriers cannot wait indefinitely.

Restaurant kitchens are shared spaces. Even a dish described as free of a given ingredient may be prepared on equipment or surfaces that handle allergens, including nuts, dairy, eggs, wheat, soy, fish and shellfish. Cross-contact is always possible and we cannot guarantee any dish is safe for a person with a serious allergy.

Dietary notes you add to an order are passed to the kitchens as a request. They are not a guarantee, they are not a substitute for asking, and no kitchen is obliged to accept them. If an allergy is severe, contact the restaurant directly before you order, or do not order.

Food is perishable. Refrigerate anything not served promptly, and follow safe holding practices for hot and cold dishes. Once food is delivered, how it is stored, held and served is your responsibility.

You agree not to:

• Use the service for anything unlawful, or to place orders you do not intend to pay for or receive.
• Scrape, crawl, harvest or bulk-download the catalog, or use automated tools against the site beyond ordinary browsing.
• Probe, scan or test the security of the service, interfere with it, or try to access accounts, orders or data that are not yours.
• Reverse engineer the service, or copy, resell or redistribute any part of it.
• Impersonate anyone, or misrepresent who you are ordering for.
• Abuse, threaten or harass our staff, restaurant staff or couriers. We will cancel orders and close accounts over this without a refund of anything already prepared.
• Submit false reviews, false claims about an order, or fraudulent refund or chargeback requests.

When you place an order we send you transactional messages about it: confirmation, status updates, receipts, and anything the kitchens or courier need you to know. These are part of the service and cannot be switched off while an order is live. Account messages such as password reset and email verification codes work the same way.

Any marketing email is separate, and every one carries an unsubscribe link. Standard message and data rates apply to any text messages you agree to receive.

This section applies to restaurants using the partner portal, in addition to everything above.

• Applying does not create an account you can sell from. You submit our onboarding questionnaire, we review it, and an account only goes live when we approve it. We may decline or later disable an account at our discretion.
• Everything you submit must be accurate and kept current: your menu and prices, your address, your contact details, your catering hours and advance notice, your licences, and your sales tax rate. We apply your declared tax rate to your catalog pricing on approval, and you are responsible for it being correct.
• You are the food business. You must hold and maintain every licence, permit and health certification your jurisdiction requires, comply with all food safety law, and provide accurate ingredient and allergen information for every dish you list.
• You must honour orders we accept on your behalf within your own stated hours and notice period, prepare them to the requested time, and mark them ready when packed. If you cannot fulfil an order, tell us immediately.
• Your portal shows only your own slice of each order. Customer contact details and order-level money are deliberately withheld. Do not attempt to obtain them, and do not use anything you learn through the portal to solicit customers off the platform.
• Payouts, commission and any other commercial terms are set in the separate written agreement between us. The earnings figures in the portal are a running total of delivered orders for your information, not an invoice or a statement of account.
• You grant us a licence to display your name, logo, menu, dish photographs and descriptions on the platform and in related marketing for as long as your account is active.
• Either of us may end the partnership on written notice. Orders already accepted must still be fulfilled.

The site, its design, text, software and the arrangement of the catalog belong to us or our licensors. You get a limited, revocable, non-exclusive licence to use the service for its intended purpose. Restaurant names, logos and menu content belong to those restaurants.

Anything you submit, such as messages, dietary notes, reviews or photographs, stays yours, but you grant us a worldwide, royalty-free licence to use, store, reproduce and display it in order to run and promote the service. Do not submit anything you do not have the right to share. We may remove content at our discretion.

The service depends on third parties including Stripe for payments, restaurant point-of-sale systems, and DoorDash Drive for delivery. Their own terms govern what they do, and we are not responsible for their acts or omissions. Links to other sites are provided for convenience and are not an endorsement.

The service is provided on an “as is” and “as available” basis. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not warrant that the service will be uninterrupted or error free, that delivery estimates will be met, that catalog information supplied by restaurants is accurate, or that any food will meet your expectations or dietary requirements. We are not liable for the quality, safety, legality or preparation of food, which is the responsibility of the restaurant that made it.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

To the fullest extent the law allows, neither we nor our officers, employees or suppliers are liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or loss of goodwill, arising out of or connected with your use of the service, even if we were told such damages were possible.

Our total liability for any claim connected with an order is limited to the amount you paid for that order. Our total liability for any other claim is limited to one hundred US dollars.

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by our negligence, or for fraud. Some jurisdictions do not allow these limits, so they may not fully apply to you.

You agree to indemnify and hold us harmless from any claim, loss, liability or expense, including reasonable legal fees, arising from your use of the service, your breach of these terms, your violation of any law or third-party right, or, if you are a restaurant partner, from the food you prepare and the information you publish about it.

Talk to us first

Before starting any formal proceeding, send a written description of the dispute and the resolution you want to legal@caterbundles.com. We will do the same for any dispute we have with you. Both sides agree to try in good faith to resolve it for 60 days from that notice. Most problems end here.

Arbitration

If that fails, any dispute arising out of or relating to these terms or the service will be resolved by binding individual arbitration administered by JAMS under its consumer arbitration rules, before a single arbitrator, seated in Alameda County, California, or conducted remotely at your election. The arbitrator decides all issues except the enforceability of the class action waiver below, which is for a court. Judgment on the award may be entered in any court with jurisdiction.

Class action waiver

You and Cater Bundles each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. If this waiver is found unenforceable for a particular claim, that claim proceeds in court and the rest of this section still applies to everything else.

Exceptions

Either of us may bring an individual claim in small claims court, and either of us may seek an injunction in court to protect intellectual property or to stop unauthorised access to the service.

How to opt out

You can reject this arbitration section by emailing legal@caterbundles.com with your name, the email address on your account, and a clear statement that you opt out of arbitration, within 30 days of first accepting these terms. Opting out affects nothing else in this agreement, and we will not treat you differently for it.

These terms are governed by the laws of the State of California, without regard to its conflict of laws rules. For any dispute not subject to arbitration, you and we submit to the exclusive jurisdiction of the state and federal courts located in Alameda County, California.

We may update these terms as the service or the law changes. The effective date at the top always reflects the current version. If a change is material we will give notice before it takes effect, by email or a notice on the site. Continuing to use the service after that means you accept the new terms. The terms in force when you placed an order govern that order.

• Force majeure: neither side is liable for failures caused by events beyond reasonable control, including natural disasters, power or network failures, strikes, public health orders and government action.
• Severability: if a provision is unenforceable, it is severed and the rest stays in force.
• No waiver: not enforcing a right once does not waive it.
• Assignment: you may not assign this agreement without our consent. We may assign it in connection with a merger, acquisition or sale of assets.
• No agency: nothing here creates a partnership, joint venture or employment relationship between us.
• Entire agreement: these terms and the Privacy Policy are the whole agreement between us about the service, and replace anything said earlier. A restaurant partner's separate written agreement prevails over these terms where the two conflict.
• Survival: sections 2, 9, 13, 15, 16, 17, 18, 19 and 21 survive the end of this agreement.

Questions about these terms, or a legal notice, go to legal@caterbundles.com. For help with an order, use the contact page. Privacy questions go to privacy@caterbundles.com, and are covered by our Privacy Policy.