Eggs & MilksEat Local, Explore Global
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Customer Terms of Service

Last updated: [EFFECTIVE DATE]

Plain-language summary. This summary is not part of the agreement.

1. About These Terms

1.1 Who we are. The Eggs & Milks Customer app and the website at https://eggsandmilks.com are operated by [COMPANY LEGAL NAME], a company organized in New Jersey and doing business as "Eggs & Milks" ("Eggs & Milks", "we", "us", "our"). Our address is [COMPANY ADDRESS].

1.2 What these terms cover. This Customer Terms of Service (the "Terms") is a contract between you and Eggs & Milks. It governs your use of the Customer app, the website and every service we offer to Customers through them, including food ordering and delivery, E&M Ride and E&M Adventure (together, the "Services").

1.3 Acceptance. You accept these Terms when you create an account, tick or tap a button that shows acceptance, place an Order, book a Ride or an Adventure, or otherwise use the Services. If you do not agree, do not use the Services.

1.4 Other documents. Our Privacy Policy explains how we handle personal information. Extra terms shown in the app for a particular product, promotion, Ride or Adventure (for example a cancellation window or a safety waiver) form part of these Terms for that transaction. If you also sell or deliver through Eggs & Milks, the Seller Agreement or the Delivery Partner Agreement governs those activities. The Seller Agreement calls our apps, website and related services the "Platform". That is the same thing these Terms call the Services.

1.5 Key definitions.

2. Changes to These Terms

2.1 We may change these Terms from time to time. We will post the updated Terms in the app and on the website and change the "Last updated" date.

2.2 If a change is material, we will give you reasonable advance notice by email, push notification or a notice in the app before the change takes effect.

2.3 Changes apply from their effective date and do not apply to an Order, Ride or Adventure that you paid for before that date, unless the law requires otherwise. Changes to Section 31 are handled as described in Section 31.11.

2.4 If you do not agree to a change, stop using the Services and delete your account. Using the Services after the effective date means you accept the updated Terms.

3. Eligibility

3.1 You must be at least 18 years old and able to enter a binding contract to use the Services.

3.2 The Services are offered only in the United States. Delivery addresses, pickup points and shipping addresses must be in the United States, and only in the areas we serve.

3.3 You may not use the Services if we have previously suspended or closed your account, or if the law prohibits you from using them.

3.4 If you use the Services on behalf of a business or other organization, you confirm that you have authority to bind it, and "you" includes that organization.

4. Your Account and Security

4.1 You need an account for most features. You agree to give accurate and complete information, including your name, email address, phone number and delivery addresses, and to keep it up to date.

4.2 You may hold only one personal account. You may not transfer your account or let another person use it.

4.3 Keep your password and device secure. You are responsible for activity on your account that happens because you did not keep your credentials safe. Tell us at once at support@eggsandmilks.com if you think someone has used your account without permission.

4.4 We may ask you to verify your identity, phone number, email address or payment method. We may refuse, limit or suspend an account that we cannot verify.

5. What Eggs & Milks Is and Is Not

5.1 A marketplace. Eggs & Milks provides a technology platform that connects Customers with independent Providers. Through the Services you can discover products, place Orders, arrange delivery, book Rides and book Adventures.

5.2 Sellers are independent. Except for E&M Products, the Seller named on the listing is the seller of the product. Sellers are independent businesses. They are not our employees, agents, partners or joint venturers. Each Seller is responsible for preparing, labelling and packaging its products, for the accuracy of its listings, and for complying with the food safety, licensing and other laws that apply to it.

5.3 Delivery Partners and Drivers are independent. Delivery Partners and Drivers are independent contractors who use their own vehicles and phones. They decide when to go online and may accept or decline each offer. They are not our employees or agents. Except for E&M Products, Eggs & Milks is not a restaurant or a food producer. Eggs & Milks is not a delivery carrier, a transportation carrier or a taxi or limousine operator.

5.4 When Eggs & Milks is the seller. For E&M Products, Eggs & Milks is the seller. For Adventures that the listing describes as organized by Eggs & Milks, Eggs & Milks is the organizer. In those cases the listing will say so.

5.5 Our review of Providers. We ask Sellers for verification documents and review products before they go live. We ask Delivery Partners and Drivers for identity, license, vehicle and insurance documents and for consent to a background check. This review is limited. It is not a guarantee, endorsement or certification of any Provider, product, vehicle or experience, and we do not supervise Providers day to day.

5.6 Contracts with Providers. When you place an Order with a Seller, or book a Ride with a Driver or an Adventure with a Host, the contract for that product or service is between you and that Provider. We act as the platform and as the Provider's limited agent to collect your payment.

6. Ordering and ZIP Code Availability

6.1 Availability by ZIP code. The products, delivery types, time windows, prices and fees you see depend on the ZIP code of your delivery address. If you change your address, what you can order may change, and items in your cart may become unavailable.

6.2 Listings. Sellers supply the descriptions, ingredients, allergen information, weights, sizes and photos for their products. Photos are illustrative. Fresh and handmade foods vary naturally in size, color and appearance.

6.3 Placing an Order. Your Order is an offer to buy. An Order is confirmed only when your payment succeeds and we confirm it in the app. Each Seller may accept or reject its part of an Order. An Order that remains unpaid is released after about 30 minutes, and the items return to stock.

6.4 Orders from several Sellers. One Order may contain products from more than one Seller. Each Seller's part may be accepted, prepared, delivered, cancelled or refunded separately.

6.5 If a Seller cannot fulfil. If a Seller rejects its part of an Order or cannot fulfil it, we cancel that part and refund it in full automatically. The rest of your Order continues unless you cancel it under Section 14.

6.6 Limits. We may set quantity limits, refuse or cancel an Order that appears to involve fraud, resale, a pricing or listing error, or a breach of these Terms, and refund any amount charged for it.

6.7 Personal use. Unless a listing says otherwise, products are sold for personal or household use and not for resale.

7. Delivery Types

7.1 Scheduled delivery. For farm, homemade and similar foods, you choose a delivery day and time window that is available for your ZIP code. Each window has an order cut-off, which is 48 hours before the window unless the app shows a different time. After the cut-off, that window is no longer available and you will need to choose a later one.

7.2 Instant delivery. For restaurants, kitchens and similar Sellers, you can order for delivery as soon as possible during the Seller's operating hours. Delivery usually takes about 30 to 60 minutes. That time is an estimate, not a guarantee.

7.3 Shippable products. Shippable products are sent nationwide through carriers such as FedEx, UPS or USPS. Shipping usually takes 1 to 5 days. Carrier dates are estimates. Risk of loss passes to you when the carrier delivers the package to the address you gave. Please give a complete and correct shipping address.

7.4 Catering. Catering products are trays and menus for events. Each catering product has a minimum quantity and an advance-notice period set by the Seller and shown on the listing (for example, 24 hours). You are responsible for giving accurate event details, including date, time, address and access instructions.

7.5 Hub deliveries. In some ZIP zones, Delivery Partners collect the parts of your Order from several Sellers and bring them to an Eggs & Milks hub, where they are combined. One Delivery Partner then delivers the combined Order to you. Hub handling may affect timing, and it does not change who the seller of each product is.

7.6 Time estimates. All delivery windows and times are estimates. Weather, traffic, Seller preparation time, Delivery Partner availability and other events can cause delay. A late delivery may entitle you to a remedy under Section 15.

8. Prices, Fees, Taxes and Tips

8.1 Item prices. Prices are shown in the app in US dollars. The price of an item may include a platform markup over the price the Seller set. For that reason an item may cost more on Eggs & Milks than when bought directly from the Seller.

8.2 Fees. In addition to item prices, you may pay:

8.3 Dynamic pricing. Item prices and fees may change over time and may be higher at busy times, for high-demand products or in certain areas. The prices and fees shown at checkout when you pay are the ones that apply to that Order. Later changes do not affect an Order you have already paid for.

8.4 How we earn money. Eggs & Milks keeps the markup, commissions charged to Sellers, and all or part of the fees. Fees are not tips and are not paid in full to Delivery Partners unless we say so.

8.5 Taxes. We add sales tax and similar taxes where the law requires. Tax is shown at checkout.

8.6 Tips. Where the app offers tipping, tips are optional. Delivery Partners and Drivers receive 100% of the tips you give them through the app. We do not keep any part of a tip.

8.7 Minimum order. A minimum order amount applies. The current minimum is shown in the app. Orders below the minimum cannot be placed.

8.8 Errors. If a price or listing is clearly wrong, we may cancel the affected item and refund you in full, even after the Order was confirmed.

9. Payment

9.1 Stripe. Payments are processed by Stripe, our third-party payment processor. Your card details go to Stripe. Eggs & Milks does not store full card numbers. Stripe's own terms and privacy policy apply to its processing of your payment.

9.2 Authorization to charge. When you place an Order or make a booking, you authorize us, and Stripe on our behalf, to charge your chosen payment method at checkout for the full amount shown, including items, fees, shipping, taxes and any tip. You also authorize charges that these Terms allow after checkout, such as a Ride cancellation fee shown at booking, a damage or cleaning fee under Section 17.9, or a tip you add later.

9.3 Your payment method. You confirm that you are allowed to use the payment method you provide. If a charge fails or is reversed, we may cancel the Order or booking, retry the charge, or ask for another payment method.

9.4 Payment to Providers. Paying us for a Provider's product or service satisfies your payment obligation to that Provider for that amount.

9.5 Refunds. Refunds go to the original payment method unless we agree to issue a credit. Your bank or card issuer controls how quickly a refund appears.

9.6 Chargebacks. Please contact support@eggsandmilks.com before disputing a charge with your card issuer. We can usually resolve the issue faster. We may suspend an account that makes chargebacks we reasonably believe are abusive.

10. Delivery and Handover

10.1 Be available. You, or an adult you authorize, must be at the delivery address during the delivery window and reachable through the app or by phone. Give clear delivery notes and any access codes the Delivery Partner needs.

10.2 4-digit code. We give you a 4-digit delivery code in the app. Give the code to the Delivery Partner only when you receive your Order. Entering the code confirms the handover. Do not share the code with anyone else or before the Delivery Partner arrives.

10.3 Proof photo. The Delivery Partner takes a photo as proof of delivery. We keep the photo with your Order record and may use it to resolve problems.

10.4 If you are not available. If no one is available to receive the Order, the Delivery Partner will try to contact you and will wait a short time. After that, the Delivery Partner may leave, or may leave the Order at the address if your delivery notes allow it and it is reasonable to do so. We may then treat the Order as delivered.

10.5 Unattended delivery at your request. If you ask for the Order to be left at the door or another place, you accept the risk of theft, spoilage, tampering, weather and animals from the moment it is left.

10.6 Failed delivery. If delivery fails because you were not available, the address or access details were wrong, or you refused the Order without good reason, we may treat perishable food as delivered and non-refundable. Delivery fees are not refunded in that case.

10.7 Perishable food. Most products on Eggs & Milks are perishable. Inspect your Order when you receive it and refrigerate or freeze it promptly as the label directs. We and the Sellers are not responsible for spoilage caused by storage or handling after delivery.

10.8 Respect. Treat Delivery Partners with courtesy and provide a safe place to make the delivery.

11. Food Safety, Allergens and Homemade Foods

11.1 Allergen notice. Food sold through the Services is prepared in kitchens and facilities that may handle milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame and other allergens. Cross-contact can happen. Eggs & Milks does not guarantee that any product is free of any allergen.

11.2 Your responsibility. If you or anyone who will eat the food has an allergy, intolerance or dietary need, read the listing and the product label carefully and contact the Seller through the app before you order. Ingredient and allergen information is supplied by Sellers. We do not independently test it.

11.3 Homemade and cottage foods. Some products are made in home kitchens. These home kitchens may not be inspected by a health department, as permitted by state law.

11.4 Raw and undercooked foods. Eating raw or undercooked meat, poultry, seafood, shellfish, eggs or unpasteurized products may increase the risk of foodborne illness, especially for children, older adults, pregnant people and people with certain medical conditions.

11.5 No health advice. Descriptions such as "fresh", "natural" or "healthy" are not medical or nutritional advice. Nothing in the Services is a substitute for advice from a doctor or dietitian.

11.6 Unsafe food. If you believe a product is unsafe, do not eat it. Keep the product and packaging if you can and report it to us right away under Section 15.

12. Products We Do Not Sell

12.1 Alcohol, tobacco, cannabis and prescription items are not sold through the Services. You may not ask a Seller, Delivery Partner or Driver to supply or carry them for you.

12.2 If you see a listing for a prohibited item, please report it to support@eggsandmilks.com.

13. Promotions and Credits

13.1 We may offer promo codes, discounts, referral rewards and account credits. Each offer is subject to the conditions shown with it, such as an expiry date, a minimum spend, eligible products or eligible ZIP codes.

13.2 Unless the offer says otherwise, promotions and credits are personal to your account, cannot be sold or transferred, cannot be combined, have no cash value and cannot be exchanged for cash, except where the law requires.

13.3 We may withdraw or cancel a promotion or credit that was issued in error or obtained by fraud, by creating more than one account or by breaching these Terms. We may change or end a promotion at any time, without affecting Orders already paid.

13.4 Credits issued as a remedy for a problem with an Order are applied to future purchases. Credits are lost when you delete your account or when we close it for breach of these Terms, except where the law requires otherwise.

14. Cancellations

14.1 Food Orders. You can cancel any part of an Order in the app, for a full refund of that part, until the Seller has handed it to a Delivery Partner or carrier or it is on its way. After that point you cannot cancel in the app. Contact support@eggsandmilks.com and we will tell you what, if anything, can be done.

14.2 Seller cancellations. If a Seller rejects or cannot fulfil a part of your Order, that part is refunded in full automatically.

14.3 Catering. You can cancel a catering Order for a full refund until the Seller accepts it or until the advance-notice cut-off, whichever the app shows for that Order. After that, catering Orders are non-refundable, because the Seller buys and prepares food specifically for your event, unless the Seller or Eggs & Milks cancels.

14.4 Rides. You can cancel a Ride for a full refund until the number of hours before pickup that is shown at booking. If you cancel later than that, or you do not appear for the Ride, you will be charged the cancellation fee shown at booking. Part of that fee is paid to the Driver. If the Driver or Eggs & Milks cancels the Ride, you receive a full refund.

14.5 Adventures. You receive a full refund if you cancel at least the number of hours before the start that is shown on the listing. The default is 48 hours. Multi-day trips have longer cancellation windows, which are shown on the trip page. After that deadline there is no refund, unless Eggs & Milks or the Host cancels the Adventure, in which case you receive a full refund of the amount you paid us.

14.6 Our right to cancel. We may cancel an Order, Ride or Adventure for safety reasons, severe weather, lack of a Provider, suspected fraud or any event described in Section 18.12. If we cancel for a reason that is not your breach of these Terms, we refund the amount you paid for the cancelled part.

14.7 Legal rights. Nothing in this Section removes a right to cancel or to a refund that the law gives you and that cannot be waived.

15. Problems With an Order and Refunds

15.1 How to report. If something is missing, wrong, damaged, unsafe or late, report it in the app or to support@eggsandmilks.com:

15.2 What to include. Tell us what went wrong and include clear photos of the product, the label and the packaging. We may ask for more information.

15.3 What we may do. After reviewing your report, we may give a refund or a credit, in whole or in part, at our reasonable discretion. We consider the photos, the Order record, the proof of delivery and the Seller's response. We may refuse a claim that is late, unsupported or part of a pattern of abuse.

15.4 No returns of perishable food. Perishable food cannot be returned. Do not send food back to a Seller or to us unless we ask you to.

15.5 Carrier problems. For shipped goods that are lost or damaged in transit, report the problem to us and not to the carrier. We will work with the Seller and the carrier.

15.6 Rides and Adventures. Report problems with a Ride or an Adventure to support@eggsandmilks.com as soon as you can, and within [REPORTING PERIOD FOR RIDES AND ADVENTURES] after it ends. In an emergency, call 911 first.

16. Seller-Specific Terms

16.1 A listing may show extra terms set by the Seller, such as preparation times, substitutions or pickup details for an experience. Those terms apply to your purchase from that Seller, provided they do not conflict with these Terms.

16.2 If a Seller is out of an item, the Seller may cancel that item, and Section 6.5 applies.

17. E&M Ride Terms

17.1 What E&M Ride is. E&M Ride lets you pre-book a premium SUV ride (a "Ride") for a set date, time and pickup location. Rides are by appointment only. On-demand Rides are not offered.

17.2 Independent Drivers. Rides are provided by independent Drivers who use their own vehicles and are approved separately for Rides. Eggs & Milks provides the booking platform and does not provide transportation services. Your contract of carriage is with the Driver.

17.3 Payment in advance. Rides are paid for in full when you book. The price and the cancellation terms are shown before you pay. Requested changes to the route, stops or timing may be refused or may change the price.

17.4 Ride PIN. We give you a PIN in the app. Check the Driver's first name, the vehicle and the license plate shown in the app, then give the PIN to the Driver to start the Ride. Do not get into a vehicle that does not match. Do not share your PIN with anyone else.

17.5 Be on time. Be at the pickup point at the booked time. If you are not there within a reasonable waiting time, the Driver may leave and the Ride will be treated as a no-show under Section 14.4.

17.6 Seat belts. Every rider must wear a seat belt for the whole Ride. The number of riders may not exceed the number of seat belts available to passengers.

17.7 Children. The person who books must be at least 18. Riders under 18 must travel with a parent, guardian or other responsible adult. You must bring and correctly install any child safety seat or booster that the law requires. Drivers do not supply child seats and may refuse a Ride if a required seat is missing.

17.8 Rider conduct. You are responsible for your own conduct and that of everyone in your party. Riders must not:

17.9 Damage and cleaning fees. If you or a member of your party damages a vehicle or leaves it needing cleaning beyond normal use, you are responsible for the reasonable cost of repair or cleaning. We may charge that cost, or the fee shown in the app, to your payment method after reviewing the Driver's evidence. We will tell you before or when we charge, and you may dispute the charge by contacting support@eggsandmilks.com. [NOTE TO COUNSEL: the fact sheet does not describe a damage or cleaning fee. Confirm that the app will show such a fee at booking and that charging a stored payment method after the Ride is permitted, or delete the reference to "the fee shown in the app".]

17.10 Refusal and ending a Ride. A Driver may refuse or end a Ride if a rider breaks these rules or the Driver reasonably believes the Ride is unsafe. In that case you may not be entitled to a refund.

17.11 Animals and accessibility. Service animals are welcome, as the law requires. Tell us at booking about any accessibility needs so we can tell you whether a suitable vehicle is available.

17.12 Belongings. You are responsible for your belongings. We will try to help you contact the Driver about lost items but we are not responsible for them.

17.13 Emergencies. In an emergency, call 911. E&M Ride is not an emergency or medical transportation service.

18. E&M Adventure Terms

18.1 What E&M Adventure is. E&M Adventure offers two kinds of experience (each an "Adventure"):

18.2 Who provides what. For a Hosted Experience, the Host is responsible for providing the experience and for the safety of the premises and activities. For a Trip, Eggs & Milks organizes the itinerary. Parts of a Trip, such as flights, ground transport, lodging, meals, guides and activities, are provided by independent third-party suppliers. We are not the owner or operator of those suppliers and do not control them. Their own terms may also apply to you.

18.3 What is included. The listing or trip page states what the price includes. Anything not listed is not included. Unless the trip page says otherwise, flights to and from the starting point, travel insurance, visas, personal expenses and tips are not included.

18.4 Guests. You must list every guest when you book. Every guest must meet the age, health and other requirements on the listing. Guests under 18 may join only where the listing allows and only with a parent or legal guardian who accepts these Terms and the safety waiver on their behalf. You are responsible for making sure every guest in your booking knows and follows these Terms.

18.5 Health and fitness. Adventures may involve walking on uneven ground, outdoor work, farm animals, insects, tools, weather, altitude, unfamiliar food and long travel days. You confirm that you and each guest are fit enough to take part and have no condition that makes taking part unsafe. Tell us or the Host in advance about any medical condition, allergy, dietary need or mobility need. We or the Host may refuse participation if it appears unsafe for you or for others.

18.6 Assumption of risk. You understand that Adventures involve risks, including slips and falls, animal bites and stings, allergic reactions, foodborne illness, vehicle accidents, illness, limited access to medical care, theft, and, for Trips abroad, the risks of international travel and of different safety, medical and legal standards. To the fullest extent the law allows, you voluntarily accept those risks for yourself and for any minor guest for whom you are responsible.

18.7 Safety waiver and release. Before you join an Adventure you must accept the safety waiver shown in the app. To the fullest extent the law allows, you release Eggs & Milks and its officers, employees and agents from claims for injury, illness, death, loss or damage arising from the inherent risks of an Adventure or from the acts or omissions of Hosts and third-party suppliers. This release does not apply to harm caused by our gross negligence, recklessness or intentional misconduct, or to any liability that the law does not allow us to exclude. The waiver you accept in the app applies together with this Section.

18.8 Passports, visas and entry rules. For Trips abroad, you must confirm that each guest holds a valid passport. Each guest is responsible for holding a passport with the validity the destination requires, and for any visa, travel authorization, vaccination or health document needed to enter, transit and return. We do not give immigration advice. If you cannot travel because your documents are missing or invalid, the cancellation terms in Section 14.5 apply and no additional refund is due.

18.9 Travel insurance. Travel insurance is not included. We strongly recommend that every guest buys insurance that covers trip cancellation and interruption, medical care abroad, emergency evacuation and baggage.

18.10 Minimum group size. An Adventure may need a minimum number of guests. If the minimum is not reached by the date shown on the listing, we or the Host may cancel the Adventure and you will receive a full refund of the amount you paid us. Trips are usually run for small groups of about 4 to 5 guests.

18.11 Changes to itineraries. We or the Host may make reasonable changes to an itinerary, activity, supplier, lodging or schedule for reasons such as weather, safety, seasonal availability or supplier changes. We will try to offer an alternative of similar quality. If a change before departure significantly alters the main character of a Trip, we will tell you, and you may accept the change or cancel for a full refund of the amount you paid us.

18.12 Force majeure. Neither we nor a Host is liable for failing to perform, or for delay, caused by events beyond reasonable control, such as severe weather, natural disaster, epidemic, government action or travel advisory, war, terrorism, civil unrest, strike, or failure of transport or utilities. If such an event forces us to cancel an Adventure before it starts, we will refund the amount you paid us or, if you prefer, offer a credit or a new date. If such an event interrupts an Adventure that has started, we will refund amounts for unused parts that we are able to recover from suppliers.

18.13 Costs we do not cover. Unless the law requires otherwise, we are not responsible for costs you pay to others in connection with an Adventure, such as flights, visas, insurance or extra lodging, if an Adventure is changed or cancelled.

18.14 Conduct. Follow the safety instructions of the Host, guides and suppliers and the laws and customs of the place you visit. We or the Host may remove a guest whose conduct is unsafe, unlawful or seriously disruptive, without refund.

19. Your Content

19.1 Your content. You may be able to post reviews, ratings, photos, comments and messages ("User Content"). You keep ownership of your User Content.

19.2 License to us. You grant Eggs & Milks a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use, store, copy, adapt, translate, publish and display your User Content in connection with operating, improving and promoting the Services. The license for a review or photo ends within a reasonable time after you delete it or your account, except for copies already used in existing materials or kept as the law requires.

19.3 Your promises. You confirm that you own or have the rights to your User Content, that it reflects your genuine experience, and that it does not break the law or anyone's rights.

19.4 Reviews. Reviews must be honest and based on a real Order, Ride or Adventure. You may not post a review in return for payment or a benefit that is not disclosed, or post a review about your own business or a competitor. Nothing in these Terms limits your right to post an honest review.

19.5 Moderation. We may, but are not required to, review, decline or remove User Content that we reasonably believe breaks these Terms or the law.

19.6 Feedback. If you send us ideas or suggestions about the Services, we may use them without restriction or payment.

20. Acceptable Use

20.1 You agree not to:

20.2 We may investigate suspected breaches and may cooperate with law enforcement.

21. Intellectual Property

21.1 The Services, including the apps, website, software, design, text, graphics, logos and the names "Eggs & Milks", "E&M Ride", "E&M Adventure" and our product brand names, belong to Eggs & Milks or its licensors and are protected by law.

21.2 While these Terms apply to you, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install the app on a device you own or control and to use the Services for your own personal, non-commercial purposes.

21.3 Seller names, logos, listings and photos belong to the Sellers or their licensors. All rights not expressly granted to you are reserved.

21.4 Copyright complaints. If you believe content on the Services infringes your copyright, send a notice to legal@eggsandmilks.com with: your contact details; a description of the work; the location of the content on the Services; a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your signature. We may remove the content and close the accounts of repeat infringers.

22. Third-Party Services

22.1 The Services rely on third parties, including Stripe for payments, shipping carriers, mapping and geocoding providers, push notification services, and the suppliers who provide parts of Trips. Their services are subject to their own terms and privacy policies.

22.2 The Services may contain links to third-party websites. We do not control them and are not responsible for their content or practices.

23. Communications

23.1 Service messages. By creating an account you agree to receive messages about your account and transactions by push notification, email and in-app message and, if we offer them, by text message (SMS) and phone call. These include order confirmations, delivery codes, Ride PINs, delivery updates, security alerts and legal notices. Providers may also contact you about an Order, Ride or Adventure you have placed.

23.2 Consent to calls and texts. If we offer service calls or text messages, then by giving us your mobile number you agree that Eggs & Milks and those acting for us may call or text that number, including by automated means, for the service purposes described in Section 23.1. Message and data rates may apply. Message frequency varies.

23.3 Marketing. If we offer marketing text messages, we will send them only if you have given separate express written consent. Consent to marketing texts is not a condition of buying anything. We may send marketing emails and push notifications where the law allows.

23.4 Opting out. If we send you text messages, you can opt out of them at any time by replying STOP. You can also opt out of marketing emails with the unsubscribe link, and turn off push notifications in your device settings. If you opt out of service messages, parts of the Services, such as delivery handover, may not work properly. You may still receive messages we are required to send.

23.5 Your number. Tell us promptly if you change or give up your mobile number.

23.6 Text message programs. Eggs & Milks Team Alerts is a text message program for members of the Eggs & Milks team only. Its terms, including message frequency, how to get help and how to opt out, are at https://eggsandmilks.com/sms.html. For any Eggs & Milks text message: message and data rates may apply; reply STOP to opt out or HELP for help; carriers are not liable for delayed or undelivered messages.

23.7 Electronic records. You agree that we may provide agreements, notices and records to you electronically, and that they have the same effect as paper.

24. Privacy

24.1 Our Privacy Policy explains what personal information we collect, how we use and share it, and your choices. Please read it.

24.2 To complete your Order, Ride or Adventure, we share limited information with Providers. For example, a Seller sees your first name, items and delivery window. A Delivery Partner sees your name, address, delivery notes and, if needed, your phone number. A Host sees guest names. You will see the first name of your Delivery Partner or Driver and, where relevant, the vehicle and plate.

25. Disclaimers of Warranties

25.1 The Services. To the fullest extent the law allows, the Services are provided "as is" and "as available". We do not promise that the Services will be uninterrupted, timely, secure or free of errors, or that any product, time window, Ride or Adventure will be available.

25.2 Providers and their products. To the fullest extent the law allows, Eggs & Milks makes no warranty about the quality, safety, legality, ingredients, allergen content, labelling or fitness of any product or service supplied by a Provider, or about the conduct of any Provider. Any warranty for such a product or service comes from the Provider, not from us.

25.3 Implied warranties. To the fullest extent the law allows, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, for the Services and for products and services supplied by Providers.

25.4 E&M Products. For E&M Products, where Eggs & Milks is the seller, this Section does not exclude any warranty that the law does not allow us to exclude.

25.5 State law. Some states do not allow some of these disclaimers. In those states the disclaimers apply only to the extent the law allows. New Jersey residents should read Section 30.

26. Limitation of Liability

26.1 Excluded damages. To the fullest extent the law allows, Eggs & Milks and its affiliates, officers, employees and agents are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of goodwill, arising from or related to the Services or these Terms, even if we were told such damages were possible.

26.2 Providers. To the fullest extent the law allows, we are not liable for the acts, omissions, products or services of Sellers, Delivery Partners, Drivers, Hosts or third-party suppliers.

26.3 Cap. To the fullest extent the law allows, our total liability for all claims arising from or related to the Services or these Terms is limited to the greater of (a) the amount you paid us for the Order, Ride or Adventure that gave rise to the claim and (b) [LIABILITY CAP AMOUNT].

26.4 What is not limited. Nothing in these Terms limits or excludes liability for death or bodily injury caused by our negligence, for our gross negligence, recklessness, fraud or intentional misconduct, for E&M Products under product liability law, or for anything else that the law does not allow us to limit or exclude.

26.5 Basis of the bargain. These limits reflect a fair allocation of risk and are a basic part of the agreement between you and us.

27. Indemnification

27.1 To the fullest extent the law allows, you agree to defend, indemnify and hold harmless Eggs & Milks and its affiliates, officers, employees and agents from third-party claims, and related losses, damages and reasonable costs including attorneys' fees, that arise from:

27.2 This Section does not require you to indemnify us for claims to the extent they result from our own negligence, gross negligence, fraud or intentional misconduct.

27.3 We will tell you promptly about any claim. We may take over the defense of a claim at our own cost, and you agree to cooperate.

28. Suspension and Termination

28.1 By you. You may stop using the Services at any time. You may delete your account in the app under Account > Delete my account when you have no Order, Ride or Adventure in progress.

28.2 Effect of deletion. When you delete your account, we erase or anonymize your personal details. We keep transaction records as the law requires, as described in the Privacy Policy. Unused promotional credits are lost.

28.3 By us. We may suspend or close your account, or limit your use of the Services, if we reasonably believe that you have breached these Terms, committed fraud, put anyone's safety at risk or exposed us or others to legal liability, or if the law requires it. Where it is reasonable to do so, we will tell you the reason and give you a chance to respond. We may also stop offering the Services, in whole or in part, in any area, with reasonable notice.

28.4 Open transactions. If we close your account for a reason other than your breach, we will complete or refund Orders, Rides and Adventures that you have already paid for.

28.5 Survival. Sections that by their nature should continue after termination do so, including Sections 9, 15, 17.9, 18.6, 18.7, 19, 21 and 25 to 36.

29. App Store Terms

29.1 Apple. If you downloaded the app from the Apple App Store, the following applies:

29.2 Google. If you downloaded the app from Google Play, your license is also subject to the Google Play Terms of Service. Google is not a party to these Terms and has no responsibility or liability for the app or for any claim relating to it. If these Terms conflict with the Google Play Terms of Service as they apply to your use of the app obtained from Google Play, the Google Play terms control for that conflict.

30. Notice to New Jersey Consumers

30.1 This Section applies if you are a consumer who lives in New Jersey. It is intended to comply with the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act. If this Section conflicts with another part of these Terms, this Section controls for New Jersey consumers.

30.2 The following provisions do not apply in New Jersey to the extent described:

30.3 Apart from the points listed in Section 30.2, the provisions of these Terms apply to New Jersey consumers as written.

30.4 Nothing in these Terms waives a clearly established legal right of a New Jersey consumer or a clearly established responsibility of Eggs & Milks under state or federal law.

31. Dispute Resolution and Arbitration Agreement

Please read this Section carefully. It affects your legal rights, including your right to sue in court and to have a jury hear your claims.

31.1 Informal resolution first. Most concerns can be resolved by contacting support@eggsandmilks.com. Before either of us starts an arbitration or a court case, the party with the claim must send the other a written "Notice of Dispute". Your notice must include your name, the email and phone number on your account, a description of the claim and the remedy you want, and must be sent to legal@eggsandmilks.com or by mail to [COMPANY ADDRESS]. We will send ours to the email address on your account. You and we will then try in good faith to resolve the dispute for [INFORMAL RESOLUTION PERIOD: 60 DAYS PROPOSED] after the notice is received. Any limitation period is paused during that time. Neither of us may start an arbitration or court case until that period has ended.

31.2 Agreement to arbitrate. If the dispute is not resolved informally, you and Eggs & Milks agree that any dispute, claim or controversy arising from or relating to these Terms or the Services, including disputes about whether a claim must be arbitrated, will be resolved by final and binding arbitration on an individual basis and not in court, except as stated in Section 31.3. This applies to claims that arose before you accepted these Terms and continues after your account is closed.

31.3 Exceptions. The following are not required to be arbitrated:

31.4 Class-action waiver. To the fullest extent the law allows, you and Eggs & Milks may bring claims against each other only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine more than one person's claims and may award relief only to the individual party and only as needed to resolve that party's claim. This does not prevent you from seeking public injunctive relief in court where the law does not allow that right to be waived. Any such claim will be paused until the arbitration of your other claims is complete.

31.5 Jury trial waiver. You and Eggs & Milks each waive the right to a trial by jury for any dispute that is subject to arbitration and, to the fullest extent the law allows, for any dispute that goes to court.

31.6 Rules and administrator. The arbitration will be administered by [ARBITRATION PROVIDER] under its consumer arbitration rules in force when the arbitration starts, as changed by this Section. The rules and filing forms are available from the administrator. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

31.7 Location and format. The arbitration will take place in the county where you live or at another place we both agree on. You may choose to have it conducted by phone, by video or on written submissions alone, where the rules allow.

31.8 Fees. Payment of filing, administration and arbitrator fees is governed by the administrator's rules. If your claim is for [ARBITRATION FEE THRESHOLD] or less, we will pay the fees that the rules would otherwise require you to pay, unless the arbitrator finds that your claim was frivolous or brought for an improper purpose. Each side pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise.

31.9 The arbitrator's decision. The arbitrator will apply the same law and may award the same individual remedies that a court could. The arbitrator will give a written decision with reasons. Judgment on the award may be entered in any court with jurisdiction.

31.10 Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms. To opt out, email legal@eggsandmilks.com or write to [COMPANY ADDRESS] with your name, the email address on your account and a clear statement that you opt out of arbitration. If you opt out, Sections 31.2 to 31.9 will not apply to you, and disputes will be decided in court under Section 32. Opting out does not affect any other part of these Terms and will not cause us to treat you differently.

31.11 Changes to this Section. If we change this Section, other than a change to our contact details, you may reject the change by writing to us within 30 days after the change takes effect. In that case the previous version of this Section will continue to apply to you. A change does not apply to a dispute of which we had written notice before the change took effect.

31.12 Severability of this Section. If any part of this Section is found unenforceable for a particular claim or remedy, that claim or remedy will be decided in court after the arbitration of the remaining claims, and the rest of this Section still applies. If the class-action waiver in Section 31.4 is found unenforceable for a claim, that claim must be brought in court and not in arbitration.

32. Governing Law and Venue

32.1 These Terms and any dispute arising from them or from the Services are governed by the laws of the State of New Jersey, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for Section 31.

32.2 If you live in another state, this choice of law does not take away any consumer protection that the law of your home state gives you and that cannot be waived by contract.

32.3 For any dispute that is not subject to arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts located in New Jersey, except that either of us may bring a small-claims action in the county where you live, and except where the law gives you the right to sue in your home state.

33. Export Controls and Sanctions

33.1 You confirm that you are not located in a country or territory that is subject to comprehensive United States sanctions, and that you are not named on any United States government list of prohibited or restricted parties.

33.2 You agree not to use, export or re-export the app in breach of United States export control or sanctions laws.

34. Notices

34.1 Notices to you. We may give you notice by email to the address on your account, by push notification, by in-app message or by posting on the Services. Email notice is treated as received when sent, unless we are told it was not delivered.

34.2 Notices to us. Send legal notices to legal@eggsandmilks.com and to [COMPANY LEGAL NAME], Attention: Legal, [COMPANY ADDRESS]. Notices of Dispute and arbitration opt-out notices must follow Section 31.

35. General Terms

35.1 Entire agreement. These Terms, the Privacy Policy and any extra terms shown in the app for a particular transaction are the entire agreement between you and us about the Services. They replace earlier agreements on the same subject.

35.2 Order of priority. If extra terms shown for a particular transaction conflict with these Terms, the extra terms control for that transaction.

35.3 Severability. If a court or arbitrator finds any part of these Terms unenforceable, that part will be enforced to the greatest extent allowed and the rest will stay in effect, subject to Section 31.12.

35.4 No waiver. If we do not enforce a right or provision, that is not a waiver of it. A waiver is effective only if it is in writing.

35.5 Assignment. You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to an affiliate or to a successor in a merger, sale of assets or similar transaction. These Terms bind and benefit permitted successors.

35.6 No third-party beneficiaries. Except as stated in Section 29.1, these Terms do not give rights to anyone other than you and us.

35.7 Relationship. Nothing in these Terms creates an employment, agency, partnership or joint venture relationship between you and us.

35.8 Events beyond our control. Except for payment obligations, neither party is liable for delay or failure caused by events beyond its reasonable control. Section 18.12 gives additional detail for Adventures.

35.9 Headings and language. Headings are for convenience only. "Including" means "including without limitation". These Terms are written in English. If we provide a translation, the English version controls to the extent the law allows.

36. Contact Us

36.1 Questions about an Order, Ride or Adventure: support@eggsandmilks.com.

36.2 Legal notices and questions about these Terms: legal@eggsandmilks.com.

36.3 Privacy questions: privacy@eggsandmilks.com.

36.4 Mail: [COMPANY LEGAL NAME], doing business as Eggs & Milks, [COMPANY ADDRESS].

36.5 Website: https://eggsandmilks.com.