TERMS OF USE

Last Updated: 8/31/2026

Please read these Terms of Use (“Terms”) carefully before using the Pokapoka Kitchen, LLC website, ordering forms, online services, or related programs (collectively, “Online Services”). By using any of the Online Services, you affirm that you are at least 18 years of age and legally competent to accept these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use any of the Online Services.

1. SERVICES OFFERED Pokapoka Kitchen, LLC provides:

  • Catering delivery: Delivery of prepared food to corporate clients in the San Diego area.

  • Pop-up events: In-person food sales at designated locations.

  • Onsite service: Sushi assembly and food presentation at client events.

2. ORDERS & PAYMENT

  • Order Confirmation: All orders are subject to review and availability. Submission of a request does not constitute a binding order until written confirmation is provided by us.

  • Prepayment Requirement: Full prepayment is required via a QuickBooks Payments invoice. Orders are not scheduled or fulfilled until payment is received in full.

  • Minimum Orders & Fees: Orders are subject to minimum values and delivery fees, which may change without notice.

  • Corporate Invoicing: For approved corporate clients, payment is due upon receipt of the invoice unless otherwise agreed in writing.

3. CANCELLATIONS, MODIFICATIONS & REFUNDS

  • 72 hours or more before scheduled delivery/service: Full refund.

  • 48–72 hours before scheduled delivery/service: 50% refund.

  • Less than 48 hours before scheduled delivery/service, or No-show: No refund.

  • Modifications: May be accepted up to 72 hours prior, subject to availability. Last-minute changes may incur charges.

  • Force Majeure: We are not liable for failure to fulfill an order due to circumstances beyond our reasonable control (natural disasters, public health emergencies, etc.). In such cases, we will attempt to reschedule or provide a refund.

4. DELIVERY TERMS

  • Delivery Area: San Diego, California metropolitan area. Outside areas require advance approval.

  • Access & Receipt: You confirm our staff has permission to access the delivery location. You must ensure a designated recipient is available. We are not responsible for failures caused by inaccessible locations or unavailable recipients.

  • Quality & Liability: We are responsible for food quality up to the point of delivery. Once accepted, you assume full responsibility for proper handling, storage, and serving. We are not liable for delays caused by traffic, weather, or venue access.

5. ONSITE SERVICE TERMS

  • Venue Authorization & Setup: You must provide authorized access, appropriate space, tables, and necessary utilities. We are not liable for delays caused by inadequate venue preparation.

  • Assembly Only: All food is prepared in advance at a licensed commercial kitchen. Only assembly (plating/presentation) occurs on-site. No raw preparation takes place at the venue.

  • Staff Safety: You agree to provide a safe working environment in compliance with health and safety laws.

6. FOOD SAFETY, ALLERGENS & DIETARY RESTRICTIONS

  • Shared Kitchen Disclaimer: We prepare food in a licensed shared commercial kitchen used by other businesses. While we take precautions, we cannot guarantee food is completely free from common allergens (gluten, nuts, dairy, soy, eggs, shellfish, fish).

  • Client Responsibility: You must disclose allergies at the time of ordering. We are not liable for allergic reactions resulting from undisclosed allergies or shared-kitchen cross-contamination.

  • Natural Food Remnants: We cannot guarantee the complete removal of natural remnants, such as small fish bones, fish scales, or shrimp shells. Customers must exercise caution when consuming these items.

7. RESPONSIBLE USE & INTELLECTUAL PROPERTY You agree not to use the Online Services for unlawful purposes, to transmit harmful code, or to submit false information. All content (text, menus, images, branding) is the property of Pokapoka Kitchen, LLC and protected by copyright laws.

8. PHOTOGRAPHY & SOCIAL MEDIA We may photograph or record setups and food at events for marketing purposes. We make reasonable efforts not to include identifiable individuals without consent. If you do not wish your event to be photographed, notify us in writing at booking.

9. DISCLAIMERS & LIMITATIONS ON LIABILITY THE ONLINE SERVICES ARE PROVIDED "AS-IS". WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT SPECIFIC ORDER. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES.

You agree to indemnify and hold harmless Pokapoka Kitchen, LLC from any claims or damages arising from your violation of these Terms or handling of food post-delivery.

10. LEGAL DISPUTES & ARBITRATION

  • Informal Resolution: Parties agree to attempt good-faith resolution for 30 days before initiating legal action.

  • Arbitration Agreement: Unresolved disputes shall be settled by binding individual arbitration (administered by JAMS).

  • Class Action Waiver: All arbitrations shall be conducted individually. Representative proceedings are prohibited.

  • Opt-Out: You may opt out of arbitration within 30 days of first use by emailing info@pokapokakitchen.com.

  • Governing Law: Governed by the laws of the State of California. Non-arbitration disputes shall be subject to the exclusive jurisdiction of the courts in San Diego County, California.

11. MISCELLANEOUS These Terms and the Privacy Policy constitute the entire agreement. If any provision is deemed unenforceable, the remainder stays in effect. California residents may contact the Dept. of Consumer Affairs (916.445.1254).

Contact Us: Pokapoka Kitchen, LLC Email: info@pokapokakitchen.com