Welcome to Philly Foodworks LLC (“PFW” also referred to herein as “Company”, “us”, “our”, and “we”).   PFW provides an online marketplace and delivery process for curated local food products, designed to create a hassle-free experience for fresh local products to be delivered to you at your home. The PFW app and website are collectively referred to as the “Platform.”  By accessing or using the Platform, you agree to be bound by the terms and conditions set forth below. Please read them carefully before using our website to place an order.

The Platform is a copyrighted work belonging to PFW. Certain features of the Platform may be subject to additional guidelines, terms, or rules, which will be posted on the Platform in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms and Conditions for use of the Platform (the “Terms”) set forth the legally binding terms and conditions that govern your use of the Platform and by accessing or using the Platform, you are accepting these Terms (for yourself or anyone that you are affiliated with or represent).  You hereby warrant and represent that you are authorized to enter into these Terms (for yourself or anyone that you are affiliated with or represent). You may not access or use the Platform or accept the Terms if you are not at least 18 years old or if you do not agree with all of the provisions of these Terms.

PFW may handle food items to which you may be allergic; if you have or suspect that you have an allergic reaction or other adverse health events, promptly contact your health care provider.

ANY OF THE EIGHT MAJOR U.S. ALLERGENS AS DETERMINED BY THE U.S. FOOD AND DRUG ADMINISTRATION (“FDA”) (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS, AND TREE NUTS) MAY BE STORED, PORTIONED AND PACKAGED AT ONE OF PFW’S FACILITIES. ALTHOUGH WE TAKE PRECAUTIONS TO LIMIT THE POTENTIAL FOR CROSS-CONTAMINATION, CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, ALLOWING PRODUCTS TO CONTAIN SOME OR ALL OF THESE ALLERGENS.  

1. Accounts and Communication.
1. Account Creation. In order to use certain features of the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form (including but not limited to the email address and a unique password). You may delete your Account at any time, for any reason, by following the deletion instructions. Company may suspend or terminate your Account in accordance with Section 2.
2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. 

• By using our Platform, you acknowledge that you are opting-in to receive communications from PFW and its affiliates. These communications may include updates, promotions, and other information related to our products and services and/or your order. You have the option to opt out of these communications at any time by following the instructions provided in such communications

1. Access to the Platform.
1. Who May Access. If you open account on behalf of a company, organization, or other entity, then (a) “you” includes you are that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in the Terms and bind the entity to these terms, and that you agree to these Terms on the entity’s behalf.

1. Subject to these Terms, PFW grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Platform solely for your own personal, noncommercial use.
2. PFW reserves the right, at any time, to modify, suspend, or discontinue the Platform (in whole or in part) with or without notice to you. You agree that PFW will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform or any part thereof.
3. No Support or Maintenance. You acknowledge and agree that PFW will have no obligation to provide you with any support or maintenance in connection with the Platform.
4. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform and its content, are owned by PFW or its suppliers. 

1. Price and Payment Terms.

1. By providing your credit or debit card information when you place an order (your “Payment Method”), you authorize us and/or our third-party payment processor to charge your Payment Method for the products ordered. If your Payment Method cannot be authorized, we may suspend or cancel your delivery. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including overdraft fees.
2. When you place an order through the Platform, you agree to pay the full price of the products ordered, as well as any applicable taxes or fees. We will obtain authorization of your Payment Method at the time of purchase, and the actual charge will be processed on the day of delivery. All sales are final, unless otherwise specified by PFW.
3. Returns and Refunds. If you are not satisfied with your order, please contact us within 24 hours of delivery to request a return or refund. We may ask you to provide a photo of any product that is of subpar quality to help us assess the issue. We will review your request and determine whether a return or refund is appropriate based on the circumstances.
4. We reserve the right to adjust prices at our sole discretion. 
5. Through the Platform, you may tip the delivery personnel who participated in your delivery. A tip is not expected, but it is always appreciated. We give the full amount of the tip to the personnel who delivered your box, less any processing fees that may be charged by the credit card processor. If you choose to tip, we charge the tip to your Payment Method, and it appears in the total amount on your credit card statement.

1. Delivery. 
1. In the case of inclement weather or unforeseen delivery complications beyond our reasonable control, it may be necessary to make adjustments to our delivery schedule, which may require us to suspend, reschedule or cancel chosen delivery dates and times at our discretion. We will use commercially reasonable efforts to communicate any such delivery complications or adjustments. In the event that we are unable to make a scheduled delivery for any reason, we may issue you a credit or refund of the purchase price for that Delivery.
2. To receive a Delivery, you must have a physical address or receive permission from your employer or business owner to receive shipments to a business address.  Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the Delivery.
3. Risk of Loss. The risk of loss and/or damage to the Delivery is passed entirely to you at the time of delivery. You are solely responsible for the proper and safe washing, preparation, storage and cooking of the Delivery contents following delivery. You are solely responsible for products left at your specified delivery location. At your discretion, you can provide a cooler for each Delivery. If our delivery personnel leaves a package unattended at the delivery location, we will send you a text message with the time of delivery. You specifically release us from all liability related to any unattended delivery or if you do not promptly and properly consume, store or refrigerate each Delivery. If you do not wish to be texted, you may notify us by email, however, the release of liability is still in effect. In the case of requesting no-texts, you are responsible for monitoring delivery times and picking up/refrigerating items after drop off.

1. Third-Party Links & Ads; Other Users
1. Third-Party Links & Ads. The Platform may contain links to third-party websites and Platforms, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under PFW’s control, and PFW is not responsible for any Third-Party Links & Ads. The company provides access to these Third-Party Links & Ads only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Links & Ads.
2. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, your use of the Platform (including any interactions with, or act or omission of, other Platform users or any Third-Party Links & Ads).

1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PFW (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF .SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIVE HUNDRED DOLLARS ($500.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

1. Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Platform. We may suspend or terminate your rights to use the Platform (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Platform will terminate immediately. 
2. Copyright Policy.  PFW owns all intellectual property rights related to our Platform, including trademarks, copyrights, and patents. You may not use any of our intellectual property without our prior written consent.
3. Privacy Policy: At Philly Foodworks, we are committed to protecting the privacy and security of our users' personal information. This Privacy Policy outlines how we collect, use, disclose, and manage your information when you use our platform.
1.  Information We Collect
1. Personal Information: When you create an account with Philly Foodworks, we may collect personal information such as your name, email address, phone number, and shipping address.
2. Transaction Information: We collect information about the transactions you make through our platform, including the products you purchase and payment details.
3. Usage Information: We automatically collect information about how you interact with our platform, such as your IP address, device information, and browsing activity.
2. How We Use Your Information
1. To Provide Services: We use your personal information to operate, maintain, and improve our platform, and to fulfill orders and provide customer support.
2. Marketing and Communications: With your consent, we may send you promotional emails and other communications about products, services, and events that may be of interest to you.
3. Analytics and Personalization: We use data analytics to better understand how users interact with our platform and to personalize your experience.
4. We use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.
3. 3. Sharing Your Information
1. Service Providers: We may share your information with third-party service providers who assist us in operating our platform and providing services.
2. Legal Compliance: We may disclose your information in response to a legal obligation, to protect our rights or property, or to prevent illegal activities.
3. The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.
4. 4. Data Security
1. We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.
5. Your choices: You can manage your communication preferences and opt-out of receiving promotional emails through the settings in your Philly Foodowkrs online account or by clicking the unsubscribe link or replying stop to our communications. 

1. General
1. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Platform. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. 
2. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
1. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or Platform provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and PFW, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of Platforms or goods provided under the Terms.
2. Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms and not informally resolved shall be settled by binding arbitration in Montgomery County, Pennsylvania, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Platforms (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the Commonwealth of Pennsylvania, without giving effect to its conflict of laws rules.
3. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. 
4. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
5. Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. 

1. Electronic Communications. The communications between you and Company use electronic means, whether you use the Platform or send us emails, or whether Company posts notices on the Platform or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
2. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. PFW may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.