The Food KAB LLC, doing business as Food KAB
These terms apply only to the Pick & Drop courier service. Orders placed through a Food KAB partner restaurant are governed by the main Food KAB Terms of Service instead.
The short version. Pick & Drop is a courier service. You buy your food from the restaurant yourself. We are not the seller, we are not the restaurant's partner, and we do not set or touch the price of your food. You hire us to go and collect the order you have already bought, and to bring it to you. You pay us for that trip and nothing else.
Pick & Drop is a courier service operated by The Food KAB LLC ("Food KAB", "we", "us"). You use it to engage us to collect an order you have placed and paid for with a restaurant, and to deliver that order to an address you give us.
Pick & Drop is not a food ordering marketplace, and on a Pick & Drop order Food KAB is not:
We act as your agent for the limited purpose of collection and delivery. When our driver collects your order, they are standing in your place, doing what you would do if you drove there yourself.
Every business shown in Pick & Drop is an independent third party. Unless a business is expressly identified in the app as a Food KAB partner restaurant:
If you are a business shown in Pick & Drop and you do not wish to be listed, write to support@foodkab.com with the business name and location. We will remove the listing. We do not require a reason and we will not ask you to justify the request.
We only list restaurants that can take an order and payment online. We do not list any business that would require you to give card details over the telephone.
Some restaurants take their online orders through a third-party platform rather than their own website. Where that is the case, your order and payment are governed by that platform's terms and that restaurant's terms, not by these terms. Food KAB is not a party to it, receives no part of it, and has no ability to view, alter, refund or cancel it. Our obligations to you begin when we accept your Pick & Drop request.
You pay Food KAB for the courier trip only. There is no markup on your food, because we are not selling you food.
| Charge | What it is |
|---|---|
| Service fee | A flat fee for arranging and handling the pickup. The current amount, including any promotional amount then in effect, is shown in the app before you pay. |
| Driver pay | Calculated from the distance of the trip, and passed to the driver. The amount is shown in the app before you pay. |
| Sales tax | Texas state and local sales tax, applied to the courier charges above. It is not applied to the food, which you bought from the restaurant. |
You see the full total before you authorise payment. Fee amounts change from time to time, including during promotions; the amount displayed at the moment you pay is the amount that applies to that order. Where a distance cannot be determined, a flat unknown-distance rate is used and is shown to you in the same way.
Tips are optional, are yours to set, and go to the driver.
Pick & Drop operates in defined market areas. Each market has its own list of pickup cities and its own maximum delivery distance, measured from the centre of that market to your delivery address. If your address falls outside it, the app tells you before you order rather than after. Coverage changes as the service grows, and the app is the current statement of it.
Regardless of what the restaurant is willing to sell you, a Food KAB driver will not collect or carry:
If an order turns out to contain a prohibited item, the driver may decline to collect it or may leave that item behind. Courier charges already incurred are not refundable in that case, because the trip was made.
Missing items, substituted items, wrong items, incorrect preparation, allergens, portion size, quality and food safety up to the point of handover are matters between you and the restaurant, exactly as they would be if you had collected the order yourself. We did not take your order and we cannot verify what should have been in the bag. We will help where we reasonably can, but we cannot refund the restaurant's charges and we do not control their decisions.
We are responsible for the delivery leg: collecting the order you identified, taking reasonable care of it in transit, and bringing it to the address you gave us in reasonable time. If we fail at that, contact us and we will put it right, which may include refunding our courier charges.
You are responsible for giving us an accurate pickup and delivery address, for being reachable, for ensuring your order is actually paid for and ready to be released to a third-party courier, and for telling us anything we need to know to collect it. If a restaurant will not release your order to our driver, we will contact you; the trip has still been made and courier charges may still apply.
Our drivers do not open, inspect, repack or add to your order. Where a restaurant hands over a sealed bag, it stays sealed. This means we cannot confirm the contents on your behalf.
You may cancel a Pick & Drop request before a driver has been dispatched, and we will refund our courier charges in full. Once a driver is en route to the restaurant, the trip has begun and our charges may not be refundable.
Cancelling with Food KAB does not cancel your order with the restaurant, and does not refund what you paid them. Only the restaurant, or the platform you ordered through, can do that.
You may not use Pick & Drop to obtain anything listed in section 6, to have a courier collect an order you have not paid for, to send a driver to an unsafe location, to harass or threaten a driver or a restaurant's staff, or to misrepresent yourself as acting for Food KAB. We may refuse or cancel a request, and may close an account, where we reasonably believe this section has been broken.
"Food KAB", "Pick & Drop" and our logos are ours. Third-party names and marks shown in the service belong to their respective owners and are used only as described in section 2. Nothing in the service grants you or anyone else a licence to any mark.
The service is provided on an "as is" and "as available" basis. We do not warrant that a restaurant will be open, will have your item, will release your order to a courier, or will honour an order placed on a third-party platform. We do not warrant uninterrupted or error-free operation. Estimated times are estimates.
Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.
To the maximum extent permitted by law, Food KAB is not liable for any indirect, incidental, special, consequential or punitive damages arising from your use of Pick & Drop, and is not liable for the acts, omissions, products or conduct of any restaurant or third-party ordering platform. Subject to section 11, our total liability arising out of or relating to a Pick & Drop order shall not exceed the courier charges you paid Food KAB for that order.
You agree to indemnify and hold harmless The Food KAB LLC and its officers, directors, employees, drivers and agents from any claim arising from your use of Pick & Drop, your order with a restaurant, or your breach of these terms.
We may update these terms. The version shown in the app at the time you place a request is the version that governs that request. Material changes will be reflected in the effective date below.
These terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules. Any dispute shall be resolved in the state or federal courts located in Texas having jurisdiction over the market in which the order was placed.
The Food KAB LLC
Business: (214) 984-3346
Driver and merchant support: (940) 255-5640
Email: support@foodkab.com
Listing removal requests: support@foodkab.com