Last Updated March 28, 2025
Clubfeast Inc., doing business as Club Feast operates a food concierge service, providing software and services which facilitate concierge food ordering and delivery from third party restaurants through a network of independent food delivery couriers (the Website software, and services is collectively "Club Feast"). Please read the following Terms of Use carefully before using Club Feast.
Club Feast is a food concierge service, Club Feast helps source good quality food as per the client's preferences and organizes delivery and onsite services. Club Feast is not responsible for the third-party Food Services' (restaurants and catering services) and Delivery Providers' (couriers and delivery drivers) food preparation and food handling safety. Club Feast does not verify Food Services' and Delivery Providers' compliance with applicable laws or regulation. Furthermore, Club Feast has no responsibility or liability for acts by any third-parties, other than as stated herein.
CLUB FEAST WANTS YOU TO NOTE THAT SECTION 20 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND CLUB FEAST HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. SECTION 21 SETS FORTH CLUB FEAST' ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN YOU AND CLUB FEAST TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
By viewing, using, accessing, browsing, creating an account with, submitting content to, accessing any services or features available or enabled by, or submitting any content or material via Club Feast' website, emails or communications with Club Feast related personnel, associated applications and services, you agree to these Terms of Use as a binding legal Agreement between you and Club Feast, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to Club Feast.
Club Feast does serve corporate accounts, non profits, and other organizations. If you are an individual accessing Club Feast on behalf of a corporation, you agree and warrant that you have the authority to bind the company or organization you represent to these terms and you agree to these terms both on behalf of your company or organization and yourself.
If you do not agree to these Terms of Use, then you may not use Club Feast. Club Feast reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to Club Feast shall be subject to the then-current Terms of Use, and your continued use of Club Feast now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
Club Feast grants you permission (which may be revoked at any time for any reason or no reason) to view Club Feast and to download, email, share via social networking or print individual pages from Club Feast in accordance with these Terms of Use, solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from Club Feast, except as specifically noted above. Except as specifically authorized by Club Feast, you may not deep-link to Club Feast for any purpose or access Club Feast manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of Club Feast or any information, content, or material on Club Feast. Club Feast reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of Club Feast or any content contained therein, whether in whole or in part, without prior written consent from Club Feast, Inc. You may share links to Club Feast via social networking technology referencing Club Feast. Any rights not expressly granted herein are reserved.
You agree that your use of Club Feast and or services on Club Feast is subject to all applicable local, state and federal laws and regulations. You also agree:
Food preparation services or restaurants may become a "Restaurant Partners" ("RP") through the approval of Club Feast, Inc. Upon acceptance as a RP, Club Feast will send orders accounts to the RP via email, fax, or software application, and will at its discretion provide customer service to assist the RP in fulfilling the orders. RP acknowledges and agrees that it shall remain the food provider through the point of delivery to the Club Feast customer, and that Club Feast is not a reseller of food, and shall not accept liability regarding the safety of the food for consumption.
Club Feast will usually attempt to confirm estimated orders with RP by 72 hours before the service and will normally provide final orders the day before each order, at a time set by Club Feast's ordering policy, which may change from time to time. Such final orders are subject to modification if agreed by Club Feast and RP.
Club Feast pays RPs via ACH transfer around 12 business days after the order. Club Feast will collect approximate sales tax to the best of its ability, Club Feast will forward this amount along to the RP, which will then be responsible for calculating and paying any applicable taxes on orders.
Club Feast reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, Club Feast and/or services offered on or through Club Feast (or any part thereof), including but not limited to Club Feast's features, look and feel, and functional elements and related services.
An RP account may be closed by an RP with at least 30 days notice to Club Feast by written electronic communication to support@clubfeast.com. Any orders within these 30 days, must be honored and completed by the RP. The termination will not be effective at least until the last such confirmed order is made available for pickup for one of our Delivery Providers.
Although the Club Feast accepts no liability for handing and food safety, Club Feast strives to ensure timely delivery of food within recommended standards for food handling. Club Feast strongly encourages that all food being delivered is consumed or refrigerated immediately after delivery. Some food orders are susceptible to spoilage and should be consumed within a short period of time after the pick-up from the RP. If a particular food item is excessively delayed in delivery or otherwise believed to have been exposed to conditions making it likely unsafe to eat, Club Feast recommends that the food is discarded and not consumed. Upon request, and subject to its sole discretion, Club Feast may provide refunds for such food items.
When customers send feedback to Club Feast regarding late or incorrect food orders, or lower portions than expected, Club Feast may communicate this feedback to the RP if it seems the information to be helpful for improving RP operations or the relationship between RP and Club Feast. Based on the feedback, if items are reported missing from the delivery order, meals were prepared incorrectly, meals were late, or any other fault of RP is determined by Club Feast, Club Feast may refund customers and deduct such refunds to customers from RP's payment.
Club Feast may provide accounts for Delivery Providers to input information about schedule availability, connect with bank accounts for payment, and so forth. While this agreement governs each Delivery Provider's legal relationship with Club Feast insofar as it functions as provider of technology services to facilitate delivery, all of their delivery and associated service activities are governed by Delivery Provider's individual contracts.
By using Club Feast's services or accessing the website, you warrant that you and the company or organization you represent, while interacting with Club Feast through Club Feast or otherwise, agree to defend, indemnify and hold harmless Club Feast and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to Club Feast including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) any foodborne illnesses that may occur to those who consume food you prepared as a RP (v) any foodborne illness that may occur to those who receive the food delivered which has been ordered by you, (vi) your violation of any applicable law, rule or regulation.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH CLUB FEAST (WHETHER PROVIDED BY CLUB FEAST, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLUB FEAST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
CLUB FEAST PARTNERS WITH THIRD PARTY RESTAURANTS AND PROVIDES MEAL RECOMMENDATIONS, CLUB FEAST IS A FOOD CONCIERGE SERVICE. DELIVERY SERVICES ARE PROVIDED BY THIRD PARTY INDEPENDENT CONTRACTORS ("DELIVERY SERVICES"). CLUB FEAST IS NOT A RESELLER OF FOOD OR A DELIVERY SERVICE. CLUB FEAST CANNOT GUARANTEE THAT FOOD MATCHES INDIVIDUAL PREFERENCES AND CANNOT GUARANTEE IT DOES NOT CONFLICT WITH ANY SPECIFIC DIETARY RESTRICTIONS, SUCH AS ALLERGIES. CLUB FEAST DOES NOT CONTROL RESTAURANT KITCHEN CONDITIONS AND IN NO EVENT WILL BE HELD LIABLE FOR SUGGESTING AND/OR FACILITATING THE DELIVERY OF FOOD ITEMS WHICH CONTRAVENE YOUR DIETARY RESTRICTIONS. CLUB FEAST IS NOT RESPONSIBLE FOR FOOD PREPARATION OR HANDLING SAFETY AND DOES NOT VERIFY PARTNERS' COMPLIANCE WITH APPLICABLE LAWS OR REGULATION. EAT AT YOUR OWN RISK.
THE QUALITY OF THE DELIVERY SERVICES SCHEDULED THROUGH THE USE OF CLUB FEAST IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY INDEPENDENT CONTRACTORS WHO ULTIMATELY PROVIDE DELIVERY SERVICES TO YOU. YOU UNDERSTAND THAT BY USING THE DELIVERY SERVICES YOUR FOOD MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE CLUB FEAST AT YOUR OWN RISK.
IN NO EVENT SHALL CLUB FEAST, INC. BE LIABLE TO YOU OR ANYONE CONSUMING THE FOOD FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF CLUB FEAST INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH CLUB FEAST CLUB FEAST ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM CLUB FEAST. CLUB FEAST ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH CLUB FEAST, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL CLUB FEAST TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO CLUB FEAST, INC.OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100.00 USD (WHICHEVER IS LESS). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
YOU AND CLUB FEAST AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND CLUB FEAST AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
YOU WARRANT THAT AS A REPRENSENTATIVE OF ANY COMPANY OR ORGANIZATION FOR WHICH YOU ARE PLACING ORDERS FOR, YOU HAVE THE AUTHORITY TO BIND THE COMPANY OR ORGANIZATION TO THE FOLLOWING INDEMINIFCATION AGREEMENT AND THE ABOVE LIMITATIONS ON LIABILITY AND THAT YOU DO BIND THEM THROUGH YOUR USE OF CLUB FEAST: THE COMPANY OR ORGANIZATION FOR WHICH YOU REPRESENT INDEMINIFIES ANY AND ALL CLAIMS, ACTIONS AGAINST, OR LAWSUITS AGINST CLUB FEAST BROUGHT FORTH BY ANYONE WHO RECEIVES FOOD FROM THE ORDERS YOU PLACE THROUGH CLUB FEAST.
IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CLUB FEAST.
Certain features of Club Feast require that you register and/or create an account with Club Feast. To register and create an account, you must select an account designation and password and provide certain personal information to Club Feast as set forth in the Club Feast Privacy Policy. In consideration of the use of Club Feast services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Club Feast has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Club Feast has the right to refuse any and all current or future use of Club Feast (or any portion thereof).
You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Club Feast of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Club Feast will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, Club Feast may offer links to other websites. Some of these websites may be affiliated with Club Feast, while others are not. Club Feast is not responsible for the contents of any website pages created and maintained by organizations independent of Club Feast. Visiting any such third-party website pages is at your own risk. Club Feast has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Club Feast. By using Club Feast you acknowledge that Club Feast is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Marks, logos, and names of Club Feast used on or in connection with Club Feast or any other service or product by Club Feast may not be used in connection with any product or service that is not under Club Feast' ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Club Feast or Club Feast. All other trademarks not owned by Club Feast (or its affiliates) that appear on Club Feast are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Club Feast or its affiliates.
Club Feast' is committed to respecting the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through Club Feast infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on Club Feast; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. DMCA notices and counter-notices regarding - Club Feast should be sent to:
Clubfeast, Inc.
1015 Fillmore St. #26120
San Francisco, CA 94115
United States
You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of Club Feast and receipt or use of data, content, products and/or services through Club Feast.
You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of law provisions. Use of Club Feast is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. Club Feast may not be downloaded outside of the United States. Not withstanding the Dispute Resolution Via Arbitration clause below, You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through Club Feast must be filed in a federal or state court located in San Francisco County, California, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
The parties agree that any claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this Agreement or otherwise, and any claim or dispute related to this Agreement or the relationship contemplated under this Agreement, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Any controversy shall be arbitrated in San Francisco, California. Information may be obtained and claims may be filed at any office of the American Arbitration Association or at Corporate Headquarters, 335 Madison Avenue, Floor 10, New York, New York 10017-4605. Telephone: 212-716-5800, Fax: 212-716-5905, Website: www.adr.org. This Agreement shall be interpreted under the Federal Arbitration Act.
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
YOU AND CLUB FEAST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Club Feast agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of Club Feast, these Terms of Use, which hereby incorporate by reference the terms of Clubfeast, Inc.'s Privacy Policy, constitute the entire agreement between you and Clubfeast, Inc., superseding all prior agreements regarding Club Feast.
The failure of Club Feast to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
In compliance with your rights under California Civil Code 1789.3, you have the right to contact Club Feast with any complaints or to seek additional information. You may email Club Feast at support@clubfeast.com. For any physical documents, you may send mail to
Clubfeast, Inc.
1015 Fillmore St. #26120
San Francisco, CA 94115
United States
If California users have any questions or complaints about Club Feast, they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.