TERMS OF USE

Last Updated: 7/4/2026

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.

These Terms constitute an agreement between you and Pokapoka Kitchen, LLC. (“Pokapoka Kitchen, LLC”, “we”, or “us”) 

1.  SERVICES OFFERED

Pokapoka Kitchen, LLC provides the following services:

  • Catering delivery — delivery of prepared food to clinics, hospitals, biotech companies, and other corporate clients within the San Diego area

  • Pop-up events — in-person food sales at company events and designated locations

  • Onsite service — sushi assembly and food presentation at client events (food is prepared in advance at a licensed kitchen; only assembly and presentation occur onsite)

All orders are subject to availability and confirmation by Pokapoka Kitchen, LLC. Submission of an order request does not constitute a binding order.

2.  ADDITIONAL TERMS

Certain services may be subject to additional terms presented at the time of ordering, including specific event terms, deposit requirements, or service agreements. Those additional terms are incorporated by reference into these Terms. Prices listed on our website are subject to change without notice.

3.  MINIMUM AGE

The Online Services are not intended for use by anyone under the age of 18. By accessing, using, or submitting information through our Online Services, you represent that you are at least 18 years of age.

4.  ORDERS & PAYMENT

Order Confirmation

All orders are subject to review and confirmation by Pokapoka Kitchen, LLC. We reserve the right to decline any order at our discretion. An order is confirmed only when you receive written confirmation from us via email.

Prepayment Requirement

Full prepayment is required for all orders. An invoice will be issued and sent via email through QuickBooks Payments. Payment must be completed in full through the provided invoice before any order is scheduled or fulfilled. Orders will not be processed or confirmed until payment has been received in full.

Payment Processing

All payments are processed through QuickBooks Payments. By submitting payment through the invoice provided, you authorize Pokapoka Kitchen, LLC to charge the confirmed order total via QuickBooks Payments. Pokapoka Kitchen, LLC does not collect or store any payment card information. All payment data is securely processed and managed in accordance with QuickBooks Payments’ PCI-compliant systems.

Minimum Order

Orders are subject to a minimum order value as specified on the current menu. Minimum order amounts are subject to change.

Delivery Fee

A delivery fee may apply depending on the order size and delivery location. Delivery fees are subject to change.

Invoices for Corporate Clients

For corporate clients (clinics, hospitals, biotech companies, etc.), invoices will be sent to the billing email address provided at the time of ordering. Payment is due upon receipt unless otherwise agreed in writing. Pokapoka Kitchen, LLC reserves the right to suspend service to clients with outstanding unpaid invoices.

5.  CANCELLATIONS, MODIFICATIONS & REFUNDS

Cancellation Policy

  • 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: No refund

  • No-show or failure to accept delivery: No refund

To cancel, please contact us at orders@pokapokakitchen.com as soon as possible.

Modifications

Order modifications (menu items, quantities, time, location) may be accepted up to 72 hours before the scheduled delivery or service, subject to availability. Last-minute modifications may not be possible and may incur additional charges.

Force Majeure

Pokapoka Kitchen, LLC is not liable for failure to fulfill an order due to circumstances beyond our reasonable control, including natural disasters, severe weather, public health emergencies, government restrictions, or supply chain disruptions. In such cases, we will make reasonable efforts to reschedule or provide a full refund.

6.  DELIVERY TERMS

Delivery Area

We currently deliver within the San Diego, California metropolitan area. Delivery outside this area requires advance approval.

Delivery Access

By placing a delivery order, you confirm that Pokapoka Kitchen, LLC staff have permission to access the delivery location as necessary to complete the delivery.

Recipient Responsibility

You are responsible for ensuring a designated recipient is available at the delivery location at the confirmed delivery time. Pokapoka Kitchen, LLC is not responsible for delivery failures caused by inaccessible locations, incorrect addresses, or unavailable recipients.

Food Quality

Pokapoka Kitchen, LLC is responsible for food quality up to the point of delivery. Once delivered and accepted, you assume responsibility for proper handling, storage, and serving.

Liability for Delay

Pokapoka Kitchen, LLC will make reasonable efforts to deliver at the confirmed time but is not liable for delays due to traffic, weather, road conditions, venue access issues, or other circumstances beyond our reasonable control.

7.  ONSITE SERVICE TERMS

Venue Authorization

By booking an onsite service, you confirm that you have authority to grant Pokapoka Kitchen, LLC staff access to the event venue and that you have informed venue management of our arrival.

Venue Requirements

You are responsible for providing appropriate space, tables, and utilities required for our service. Pokapoka Kitchen, LLC is not liable for delays or service limitations caused by inadequate venue preparation.

Assembly Only

For sushi assembly services, all food is prepared in advance at a licensed commercial kitchen. Only assembly and presentation occur on-site. No raw preparation or open-flame cooking takes place at the event venue unless explicitly agreed upon in a separate written agreement.

Staff Safety

You agree to provide a safe working environment for Pokapoka Kitchen, LLC staff at your event venue, in compliance with applicable health and safety laws.

8.  FOOD SAFETY & ALLERGEN DISCLAIMER

Pokapoka Kitchen, LLC prepares food in a licensed shared commercial kitchen that may be used by other food businesses. While we take precautions to prevent cross-contamination, we cannot guarantee that our food is free from all allergens.

Common allergens that may be present include: gluten, tree nuts, peanuts, dairy, soy, eggs, shellfish, and fish.

You are responsible for disclosing all relevant food allergies and dietary restrictions at the time of ordering. Pokapoka Kitchen, LLC is not liable for allergic reactions or dietary issues arising from undisclosed allergies or from cross-contamination in the shared kitchen.

9.  RESPONSIBLE USE OF THE ONLINE SERVICES

You agree to use the Online Services only for lawful purposes and in accordance with these Terms. You may not use the Online Services:

  • For any unlawful purpose or to violate any applicable law or regulation

  • To cause harm or damage to any person or entity

  • To interfere with the proper operation of the Online Services

  • To upload or transmit any material that violates any law, infringes on the rights of any third party, or contains defamatory, obscene, or otherwise objectionable content

  • To access or scrape our website by automated means (except for legitimate search engine crawling)

  • To reverse engineer, decompile, or create derivative works from any content on our website

  • To submit false or misleading information in any order form or communication

10.  PRIVACY

Our Privacy Policy (see above) describes the data we collect from users and how we process, use, and share that data. Please read the Privacy Policy carefully.

11.  PHOTOGRAPHY & SOCIAL MEDIA

Pokapoka Kitchen, LLC may photograph or video record food, setups, and service presentations at catering and pop-up events for use in marketing materials and social media. We will make reasonable efforts not to include identifiable images of individuals without consent.

If you do not wish to have your event photographed or any associated imagery used for marketing purposes, please notify us in writing at the time of booking.

12.  PERSONAL USE ONLY

The Online Services are owned by Pokapoka Kitchen, LLC and licensed to you for your personal, non-commercial use only. Except as expressly permitted by these Terms, you may not copy, distribute, publish, transmit, modify, or create derivative works from any part of the Online Services without prior written permission. All rights not expressly granted are reserved.

13.  ERRORS AND INACCURACIES

Our website may contain errors, inaccuracies, or omissions in menu descriptions, pricing, availability, or other information. We reserve the right to correct, change, or update such information at any time without prior notice, and to cancel orders related to such errors, with a full refund of any amounts paid.

14.  INDEMNITY, DISCLAIMERS & LIMITATIONS ON LIABILITY

Indemnity

You agree to indemnify, defend, and hold harmless Pokapoka Kitchen, LLC, its officers, directors, employees, and agents from and against any claims, liabilities, costs, damages, and expenses (including reasonable attorneys fees) arising out of or relating to: (i) your use of the Online Services; (ii) your violation of these Terms; (iii) your violation of any applicable law; or (iv) any order placed by you or on your behalf.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTY OF ANY KIND ABOUT THE ONLINE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ONLINE SERVICES ARE PROVIDED AS-IS WITH ALL FAULTS AND AS AVAILABLE.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES. OUR MAXIMUM LIABILITY FOR ANY CLAIM RELATED TO AN ORDER SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THAT SPECIFIC ORDER.

15.  LEGAL DISPUTES

Initial Dispute Resolution

We are available by email at info@pokapokakitchen.com to address any concerns you may have. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute through good-faith consultation before initiating arbitration or litigation.

Arbitration Agreement

If a dispute arises, the parties agree to first make a good faith effort to resolve the matter informally within 30 days. If the dispute is not resolved during this period, either party may initiate binding arbitration administered by JAMS or another mutually agreed arbitration provider, in accordance with its then-current rules.

The arbitrator shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, or enforceability of these Terms, except that either party may bring an individual claim in small claims court if the claim qualifies.

The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

All arbitrations shall be conducted on an individual basis only. Neither party may bring or participate in any class action or representative proceeding.

Exception — Small Claims Court

Either party may seek relief in a small claims court for disputes within the scope of that court's jurisdiction.

30-Day Right to Opt Out

You have the right to opt out of the arbitration and class action waiver provisions by sending written notice to info@pokapokakitchen.com within 30 days of first using our Online Services.

Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any disputes not subject to arbitration, the parties consent to exclusive jurisdiction in the state or federal courts located in San Diego County, California.

16.  COPYRIGHT AND INTELLECTUAL PROPERTY

All content on the Online Services, including text, images, graphics, menus, logos, and branding, is the property of Pokapoka Kitchen, LLC or its licensors and is protected by applicable copyright and intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without prior written permission.

If you believe your copyright has been infringed, please contact us at info@pokapokakitchen.com with the subject line “DMCA Notice” and include the information required under the Digital Millennium Copyright Act.

17.  LINKS

Links on our website to third-party sites are provided for convenience only. We do not endorse and are not responsible for the content, privacy practices, or services of any linked third-party website.

18.  CHANGES & UPDATES

We may update these Terms from time to time by posting the revised version on our website and updating the “Last Updated” date. For material changes, we will notify you by email where possible. Continued use of the Online Services after changes take effect constitutes acceptance of the updated Terms.

19.  NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, at 400 R Street, Suite 1080, Sacramento, CA 95814, by phone at 916.445.1254 or 800.952.5210.

20.  MISCELLANEOUS

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and Pokapoka Kitchen, LLC regarding your use of the Online Services.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.

Applicable Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Contact Us

Pokapoka Kitchen, LLC
Email: info@pokapokakitchen.com

© Pokapoka Kitchen, LLC. All rights reserved.