Welcome to CraveLoca! These Terms of Use (“Terms”) are a contract between you and BagNotBin LLC (“CL,” “we,” or “us”) and govern your access to and use of any CL website, mobile application (e.g., for iPhone or Android), content, products, or services made available through CL (collectively, the “Site”). Please read these Terms carefully before accessing or using the Site.
Acceptance of Terms.
By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to them in writing. If you do not agree, do not use the Site.
Amendment of Terms.
CL may amend these Terms from time to time. Unless otherwise stated, all updates become effective upon posting. Continued use of the Site after such posting constitutes your consent to be bound by the updated Terms.
Additional Terms.
When using certain plans, offers, products, services, or features, you may be subject to additional posted guidelines or rules, which may change over time. All such terms are incorporated into these Terms. If a conflict arises, these Terms will prevail.
Overview.
CL is an online platform that enables members to purchase meals offered and prepared by partner restaurants, food service providers, and chefs (“Merchants”). CL is not a restaurant or food provider, nor does it operate or control any Merchant’s facility.
Ordering Meals.
You can purchase meals (“Meals”) via the Site once you create an account. Payments are processed through Stripe. A valid payment method is required.
Meal Types.
Availability & Substitutions.
CL does not guarantee availability of specific Merchants, menu items, or inventory. Merchants manage their listings and may adjust offerings based on surplus. Substitutions are allowed to match the available food for that day.
Ingredients & Food Safety.
CL does not guarantee ingredient content. It is your responsibility to verify that a meal is safe for your consumption. CL does not prepare food and is not liable for any inaccuracies regarding menu content or quality. Merchants are solely responsible for compliance with food preparation and safety regulations.
Eligibility Criteria.
You may only use the Site if you are the authorized holder of the payment method and can form a binding contract. If you are under 18, you must have parental consent and supervision. Users under 13 are prohibited.
U.S. Use Only.
These Terms apply only to users in the United States. The Site is not available to users who have been suspended or removed by CL. By using the Site, you confirm that you are a U.S. resident and not previously banned.
Account Creation.
To place orders, you must create an account with a secure password and provide accurate personal information. You agree to maintain updated, truthful information. If your information is found to be false or incomplete, CL may suspend or terminate your access.
Account Security.
You are responsible for your account credentials. Notify CL immediately of any unauthorized use, security breaches, or loss of access. CL is not responsible for damages resulting from failure to comply with this responsibility.
Single Account Policy.
Accounts are personal and non-transferable. You may not create multiple accounts or gift meals to others through the platform unless otherwise approved by CL.
Organization Accounts.
If creating an account on behalf of a company or group, you represent that you have authority to bind that organization to these Terms.
Platform Testing.
CL regularly runs tests on various aspects of the Site. By using the platform, you agree that you may be included or excluded from such tests without notice.
By purchasing a CL Meal, you authorize us to charge you the price set by the Merchant. You also authorize us to charge any other applicable fees related to your use of the Site, including sign-up fees and taxes.
Our Credit Policy. If an error occurs in your order or billing, you may request a credit within 60 days of the transaction. If you fail to notify us within that window, you waive the right to dispute the charge.
Payment Methods. You may update your payment method through the CL mobile app. If a payment fails (due to card expiration, insufficient funds, etc.), you remain responsible for any outstanding balance. CL reserves the right to suspend access until your balance is paid.
Fees We Charge. Your CL Meal fee grants access to eligible meals. CL may change its fee policies at any time, including adding or modifying service fees. Additional purchases (e.g., add-ons or separate meals) may incur extra charges.
Third-Party Fees. You are responsible for all external costs related to accessing the Site (e.g., internet, mobile, equipment, taxes).
Taxes and Fees. Taxes and service fees are applied to all CL meals to cover merchant tax obligations and CL operational costs. These typically align with local sales tax rates where meals are offered.
As a CL user, you must order through the CL mobile app only. Ordering directly with a Merchant is a violation of your account terms.
After placing an order, you’ll receive confirmation on the “My Orders” page of the app. Be sure to follow the pickup window and instructions listed in the merchant’s profile.
At pickup, show your receipt in the app to the Merchant’s staff. For some discounted meals, you may choose from available Meal Options or fill a Meal Box based on the surplus inventory that day.
Missed Pickups. If you fail to pick up your order on time, the Merchant may resell the item. CL and the Merchant are not responsible, and no refunds will be issued.
Gifts & Promotions. CL may offer gift cards, giveaways, promo codes, or marketing campaigns. Promotions may not be transferred, redeemed for cash, reused, or combined with other offers unless stated otherwise. Some require that you are a new user with no existing account.
Meal Points & Referrals. Meal Points can be earned through app activity or spending and used for future meals. Each account has a referral code; when used, both users receive Meal Points. Terms of this program may change.
CL may, at any time and without notice:
If we suspect violation of these Terms or misuse of the platform, you will not be entitled to a refund. CL is not liable for any resulting loss or service disruption. Your only recourse is to cancel or delete your account.
Fraudulent Use or Infringement. CL prohibits fraudulent activity and copyright infringement. Offenders may have their access revoked and their information referred to authorities.
8.1 Business Verification
To use CL’s merchant services, you must meet eligibility criteria including business license validity and legal compliance. CL may verify your credentials.
8.2 Compliance with Laws
Merchants are responsible for following all relevant laws, including food safety and labor regulations.
9.1 Payment Gateway
Customer orders are processed through Stripe on the CraveLoca platform.
9.2 Funds Transfer
Merchants will receive 100% of the order revenue weekly. No commission is currently deducted.
9.3 Payment Accuracy
Payouts reflect the full transaction amount. While CL does not currently deduct fees, it reserves the right to implement fees in the future with advance notice.
9.4 Stripe Integration
Direct deposits are made via Stripe. Stripe’s terms apply. Contact support@bagnotbin.com for payment issues.
9.5 Weekly Payouts
Payouts are made weekly based on revenue from the prior week, per the agreed-upon arrangement.
9.6 Refunds & Chargebacks
CL will manage refunds and chargebacks. Future payouts may be adjusted accordingly.
9.7 Financial Reporting
Merchants can access sales and payout data through their CL dashboard.
10.1 Tablet Provision
CL may loan a tablet to Merchants to manage orders. The device remains CL property.
10.2 Responsible Usage
The tablet must be used solely for managing CL orders. Misuse or tampering may result in termination or legal action.
11.1 Order Confirmation
Merchants must confirm orders promptly upon receipt to ensure meals are ready at pickup time.
11.2 Meal Availability
CL supports two meal types:
Merchants must keep inventory updated and fulfill confirmed orders. Failure to do so may result in penalties.
11.3 Order Cancellation
If a Merchant cancels a confirmed order, the customer is entitled to a full refund. Repeated violations may result in account penalties or termination.
12.1 Ownership of Content and Platform
The CL Platform, including its visual interfaces, graphics, design, software, and all other elements, is owned and operated by BagNotBin LLC and is protected by intellectual property laws in the United States and applicable international conventions.
12.2 License to Use CL Content
By using the CL Platform, you are granted a non-exclusive, limited, and revocable license to access and use its content solely in accordance with these Terms. This license does not permit resale, commercial use, or derivative use of the Platform or its contents.
12.3 User-Generated Content
You may upload menus, meal descriptions, and other content to the Platform (“User-Generated Content”). You are solely responsible for the accuracy and legality of this content. By uploading it, you grant CL a non-exclusive, royalty-free, worldwide license to use, display, distribute, and sublicense the content as needed for platform operations.
12.4 Prohibited Activities
You may not use the CL Platform for illegal or unauthorized purposes. You agree to comply with all applicable laws, including intellectual property and data protection laws.
13.1 Confidentiality
Both parties agree to protect confidential information exchanged in the course of using the services, including customer data and business operations.
13.2 Data Protection and Compliance
You agree to follow all applicable data protection laws and are responsible for securing any customer data you access via the platform.
14.1 Limitation of Liability
BagNotBin LLC’s liability is limited to the greater of (i) 5% of the revenue you paid in the three months prior to the incident or (ii) the actual amount paid by you during that period. We are not liable for indirect, special, or consequential damages.
14.2 Indemnification
You agree to indemnify and hold harmless CL, its officers, employees, and agents against any claims or liabilities arising from your use of the CL Platform or any breach of these Terms.
15.1 Right to Terminate
CL may suspend or terminate your account at any time if you violate these Terms or engage in harmful behavior on the platform.
15.2 Consequences of Termination
Upon termination, you will lose access to all services and stored data. CL is not responsible for any resulting loss.
16.1 Overview
BagNotBin LLC is responsible for collecting and remitting taxes on transactions made through the CraveLoca platform. Applicable tax rates may vary by location.
16.2 Customer-Facing Tax
CL adds a tax percentage to the transaction total that reflects sales tax obligations.
16.3 Revenue Disbursement
Businesses receive their total order amount minus the customer-facing tax. CL remits the collected tax portion directly to tax authorities.
16.4 Tax Calculation
CL calculates and collects applicable tax automatically. Merchants do not need to manage this separately.
16.5 Tax Reporting
CL will maintain records of all taxes collected and can provide reports to businesses upon request.
16.6 Tax Remittance
CL will remit all applicable taxes to the appropriate authorities in compliance with law.
16.7 Changes in Tax Rates
CL reserves the right to adjust the customer-facing tax rate in response to new tax laws or rate changes, and will provide notice.
16.8 Indemnification
CL agrees to indemnify businesses for claims or costs arising from failure to remit taxes properly.
17.1 Data Privacy
All payment data will be handled in accordance with privacy laws. CL may share payment info with its processor (Stripe) to complete transactions. Stripe’s data-sharing policies are covered in the Privacy Policy.
17.2 Security Measures
CL uses security protocols to protect sensitive information. Businesses must ensure authorized use of their accounts. Additional authentication is required to access sensitive settings like payout info.
18.1 Definition
Neither party is liable for delays or failures caused by events beyond their control, including natural disasters, pandemics, war, strikes, or government action.
18.2 Procedure
The affected party must notify the other as soon as possible and work to resume obligations.
19.1 Entire Agreement
These Terms represent the full agreement between you and CL and replace all prior communications.
19.2 Severability
If any section is found unlawful, it shall be modified or removed without affecting the rest of the Terms.
19.3 Assignment
You may not assign your rights or responsibilities without written consent from CL.
Your privacy matters to us. The CL Privacy Policy is incorporated into these Terms by reference. When you place an order, the Merchant will receive basic info about you (e.g., name, email) to fulfill the order and may contact you with relevant updates or marketing. For full details, refer to our Privacy Policy
If you provide CL with any comments, bug reports, feature suggestions, or other input regarding the Site (“Feedback”), CL may use that Feedback at its sole discretion. You grant CL a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, modify, and incorporate your Feedback into the Site or other services, without notice or compensation to you.
As a condition of using the Site, you agree not to:
CL reserves the right to suspend or terminate your account for any such violations and seek injunctive relief without the need to prove damages.
The CraveLoca platform and mobile applications are owned and operated by BagNotBin LLC. All elements of the Site—including visual designs, graphics, text, software, and underlying code—are protected by intellectual property laws in the U.S. and internationally.
Unless otherwise permitted, you may not copy, sell, distribute, modify, or create derivative works based on any part of the Site or its content.
The Site may contain links to third-party websites or services. These links are provided for convenience and do not imply endorsement by CL. We are not responsible for the content, terms, or operations of any linked sites.
Your interactions with advertisers or third-party providers found on or through the Site are solely between you and those parties. CL will not be liable for any loss or damage from such dealings.
Unless otherwise stated, legal notices to CL must be sent to our registered agent. Notices to you will be sent to the email address provided at registration and are deemed received after 24 hours unless returned as undeliverable. Mailed notices are considered received three days after dispatch.
Meals and services offered through CL are provided by third-party restaurants and businesses, not CL directly. You assume all risks associated with using such third-party services.
CL provides the Site and all services “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted access, defect correction, or virus-free experiences.
Certain jurisdictions may not allow these limitations. If applicable laws override these disclaimers, some exclusions may not apply to you.
You understand that meals and services accessed via CL are provided by independent Merchants. CL is not responsible for the quality or safety of these meals.
To the fullest extent allowed by law, you release and hold harmless CL (BagNotBin LLC), its affiliates, employees, and partners from liability for any injuries, losses, or damages—including those resulting from consumption of food—associated with your use of the platform.
California Residents:
You expressly waive rights under California Civil Code Section 1542, which states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release…”
This waiver applies to all known and unknown claims arising from use of the Site.
You agree to indemnify and hold harmless CL, its affiliates, employees, contractors, and partners from any claims, losses, damages, or expenses (including attorney’s fees) arising from:
29. LIMITATION OF LIABILITY AND DAMAGES
UNDER NO CIRCUMSTANCES WILL CL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE, EVEN IF CL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CL’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CL LIABILITY TO YOU IS LIMITED TO $50 OR THE AMOUNTS, IF ANY, PAID BY YOU TO CL UNDER THIS AGREEMENT IN THE THREE MONTHS IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM, WHICHEVER IS MORE. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER CL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
30. ARBITRATION AGREEMENT
PLEASE READ THE FOLLOWING CAREFULLY:
31. MISCELLANEOUS