Terms of Service

1. Acceptance of terms

By accessing or using the website at burritoschiquitakc.com (the "Site"), placing an order, submitting a catering inquiry, or otherwise interacting with our services, you ("you" or "Customer") agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity, and "you" includes both you individually and that entity.

If you do not agree to these Terms, you must not use the Site or our services.

2. About Burritos Chiquita

Burritos Chiquita ("we," "us," "our," or the "Restaurant") is a family-owned Mexican restaurant operating at 1328 Minnesota Ave, Kansas City, KS 66102. We provide dine-in service, takeout, online ordering, restaurant catering, and food truck catering services in the Kansas City metropolitan area.

3. Use of our services

You may use our Site and services only for lawful purposes and in accordance with these Terms. You agree not to use our Site or services in any way that:

• Violates any applicable federal, state, local, or international law or regulation
• Infringes on the rights of any third party
• Is fraudulent, deceptive, or misleading
• Could damage, disable, overburden, or impair the Site
• Interferes with any other person's use of the Site
• Attempts to gain unauthorized access to any portion of the Site or related systems

You must be at least 18 years old, or have the consent of a parent or legal guardian, to place an order or submit a catering inquiry through the Site.

4. Accounts and accuracy of information

When you place an order or submit a catering inquiry, you must provide accurate, complete, and current information, including your name, contact information, and payment details (where applicable). You are responsible for maintaining the accuracy of this information and for any consequences resulting from inaccurate or outdated information.

You agree to promptly notify us of any unauthorized use of your information or any other security concern related to our Site.

5. Orders, pricing, and payment

a. Order acceptance

When you place an order through our Site, you are making an offer to purchase the items listed at the prices displayed. We reserve the right to accept or decline any order at our discretion, including (but not limited to) orders that exceed our preparation capacity, contain errors, or appear to be fraudulent. If we decline an order after payment, we will issue a full refund.

b. Pricing accuracy

We make every effort to display accurate prices on our Site. However, prices are subject to change without notice and we do not warrant that all prices are accurate or current. In the event of a pricing error, we reserve the right to cancel the affected order and issue a full refund, or to confirm the order at the corrected price with your consent.

All prices are listed in US dollars and exclude applicable taxes, delivery fees, gratuities, and rush fees, unless otherwise noted.

c. Payment processing

Payments are processed by our third-party payment processor, currently Stripe, Inc. By providing payment information, you authorize us (and our payment processor) to charge your payment method for the total amount of your order, including taxes, fees, and gratuities (where applicable). We do not store your full payment card details on our servers.

d. Taxes and fees

Applicable sales tax, delivery fees, service fees, and gratuities (where authorized) will be added to your order total before payment. Tax rates are calculated based on applicable Kansas and Wyandotte County tax laws.

6. Food allergens and dietary information

We strive to provide accurate ingredient and allergen information about our menu items, but we cannot guarantee absolute accuracy. Recipes, ingredients, and preparation methods may change without notice based on supplier availability and seasonal variations.

Our kitchen is not allergen-free. Cross-contact with the following allergens is possible for any item: wheat, gluten, dairy, eggs, soy, peanuts, tree nuts, fish, shellfish, and sesame. We do not have separate preparation areas, equipment, or staff dedicated to allergen-free food preparation.

If you have a severe food allergy or sensitivity, you assume the risk of consuming food prepared in our kitchen. We strongly recommend speaking directly with a manager before placing an order if you have allergen concerns. We are not liable for allergic reactions or other adverse reactions resulting from the consumption of our food.

Pregnant women, young children, the elderly, and individuals with weakened immune systems are advised to consult their physician about consumption of raw or undercooked meats, poultry, eggs, or seafood, which may increase the risk of foodborne illness.

7. Pickup, delivery, and order timing

a. Pickup orders

Pickup orders are prepared based on the requested pickup time. We will make reasonable efforts to have your order ready at the requested time, but actual preparation times may vary based on order volume, complexity, and kitchen capacity. Orders not picked up within 60 minutes of the scheduled pickup time may be discarded at our discretion, and refunds will not be issued in such cases.

b. Delivery

Delivery, where offered, may be fulfilled by us directly or through a third-party delivery service such as DoorDash. When delivery is provided by a third party, the third party's terms of service and privacy policy also apply, and we are not responsible for delays, errors, or damages caused by the delivery service.

Delivery times are estimates and are not guaranteed. Delivery is subject to weather conditions, traffic, driver availability, and other factors outside our control. You are responsible for providing an accurate delivery address and being available to receive your order.

c. Order quality after handoff

Once an order is picked up by you or by a third-party delivery service, we are no longer responsible for the temperature, condition, or quality of the food. We recommend consuming your food promptly for the best experience.

8. Cancellations and refunds

a. Standard orders

If you need to cancel a pickup or delivery order, please contact us immediately by phone at (913) 291-0118. Cancellations made before food preparation begins may be eligible for a full refund. Once preparation has started, refunds are at the discretion of management and may be partial or unavailable.

b. Refund processing

Approved refunds will be issued to the original payment method. Please allow 5 to 10 business days for the refund to appear on your statement.

c. Issues with your order

If you experience an issue with your order (such as missing items, incorrect items, or food quality concerns), please contact us within 24 hours so we can address the problem. We may, at our discretion, offer a refund, replacement, store credit, or other resolution. We reserve the right to verify any claims before issuing a refund or replacement.

9. Catering services

a. Booking and lead time

Catering orders require a minimum of 48 hours' notice. We will do our best to accommodate rush requests submitted with less notice; however, rush orders may be subject to a rush fee, which is determined at the time of booking. Rush fees may be waived at the sole discretion of the owner.

b. Quotes and confirmation

Catering inquiries submitted through our Site or by other means are not confirmed orders. A catering order is only confirmed when we provide a written quote and receive your written acceptance, along with any required deposit. Pricing for catering services may differ from in-store pricing and is determined based on menu selection, headcount, service type, location, and other factors.

c. Deposits and final payment

Catering orders may require a non-refundable deposit at the time of booking. Final payment is due as agreed in the catering quote. We reserve the right to require full payment in advance for new customers, large orders, or specific event types.

d. Cancellations

Catering cancellations made more than 48 hours before the scheduled service are eligible for a refund of any payment made, less any non-refundable deposit. Cancellations made within 48 hours of the scheduled service may be subject to a cancellation fee of up to 100% of the order total, at our discretion, to cover ingredient costs and lost preparation time.

e. Headcount changes

Final headcount must be confirmed at least 48 hours before the scheduled service. We will accommodate reasonable increases or decreases at our discretion. Changes within 48 hours may not be possible to accommodate, and you will be charged based on the confirmed headcount.

f. Service area

Catering services are generally provided within the Kansas City metropolitan area. Catering outside this area may be considered on a case-by-case basis and may be subject to additional travel fees.

10. Food truck services

a. On-site service

Our food truck services bring our converted lunch trucks to construction sites, corporate parks, events, and other locations within the Kansas City metropolitan area. Workers and event attendees order and pay individually at the truck.

b. Recurring service

Recurring food truck service is available for businesses, construction sites, and other organizations on a weekly, biweekly, monthly, or custom schedule. Recurring service arrangements are subject to a separate written agreement that outlines schedule, location, payment terms, and cancellation policies.

c. Site requirements

For on-site food truck service, the customer is responsible for ensuring: (i) safe and legal parking access for the food truck, (ii) any necessary permits or permissions from the property owner or local authorities, (iii) reasonable working conditions for our staff, and (iv) compliance with all applicable workplace safety regulations.

d. Cancellation

Food truck visits cancelled with less than 24 hours' notice may be subject to a cancellation fee equal to a minimum guaranteed sales amount, as agreed in the booking. Recurring service cancellations are governed by the recurring service agreement.

e. Weather and unforeseen circumstances

We reserve the right to cancel or reschedule food truck visits due to severe weather, mechanical issues, or other circumstances beyond our control. We will make reasonable efforts to provide advance notice and to reschedule the visit when possible.

11. Intellectual property

All content on the Site — including text, graphics, logos, images, photographs, videos, recipes, branding, and software — is the property of Burritos Chiquita or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as expressly permitted in writing by us.

"Burritos Chiquita" and the Burritos Chiquita logo are trademarks of the Restaurant. You may not use these marks without our prior written consent.

12. User content and social media

If you submit, post, or share any content related to Burritos Chiquita on social media platforms (such as Instagram, TikTok, Facebook, or other public platforms), or directly to us, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, adapt, publish, translate, distribute, and display that content in connection with our business — including on our Site, marketing materials, and social media accounts — with appropriate attribution where reasonably possible.

You represent and warrant that any content you submit: (i) does not infringe on the rights of any third party, (ii) is your original work or you have the necessary rights to share it, (iii) does not contain false, defamatory, obscene, or otherwise unlawful material, and (iv) does not contain personal information of others without their consent.

If you do not want us to use content you have shared publicly, please contact us and we will remove it from any of our channels under our control as soon as reasonably practical.

13. Prohibited conduct

In addition to the restrictions in Section 3, you agree not to:

• Submit false, fraudulent, or misleading orders or catering inquiries
• Use our Site to harass, threaten, or abuse our staff, customers, or any other person
• Use automated tools (bots, scrapers, etc.) to access the Site without our prior written consent
• Attempt to reverse-engineer, decompile, or otherwise discover the source code of our Site
• Resell or commercially exploit any content, products, or services obtained from the Site without our prior written consent
• Impersonate another person or misrepresent your affiliation with any person or entity

We reserve the right to refuse service, terminate accounts, cancel orders, and take legal action against any person who engages in prohibited conduct.

14. Disclaimers

We do not warrant that the Site will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that any information on the Site (including menu items, prices, hours, and ingredient information) is accurate, complete, reliable, or current.

Your use of the Site is at your own risk. You are responsible for any damage to your device, loss of data, or other harm resulting from your use of the Site.

15. Limitation of liability

To the fullest extent permitted by applicable law, in no event will Burritos Chiquita, its owners, employees, contractors, or affiliates be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, personal injury, or property damage, arising out of or in connection with: (i) your use of or inability to use the Site or services, (ii) any food, beverage, or other product or service we provide, (iii) any conduct or content of any third party on the Site, or (iv) unauthorized access to or alteration of your information.

In no event will our total cumulative liability to you for any claim arising out of or relating to these Terms or your use of our services exceed the greater of: (i) the total amount you paid to us in the 12 months immediately preceding the event giving rise to the claim, or (ii) one hundred US dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Burritos Chiquita and its owners, employees, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your violation of these Terms, (ii) your violation of any law or the rights of any third party, (iii) your use or misuse of the Site or services, or (iv) any content you submit to or through the Site.

17. Disputes and governing law

a. Governing law

These Terms are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of laws principles.

b. Informal dispute resolution

Before filing any formal legal action, you agree to first attempt to resolve any dispute informally by contacting us at burritoschiquita@gmail.com or (913) 291-0118. We will work in good faith to resolve any dispute within 30 days of receiving your notice.

c. Jurisdiction and venue

Any legal action arising out of or relating to these Terms or your use of our services that cannot be resolved informally must be brought in the state or federal courts located in Wyandotte County, Kansas. You consent to the personal jurisdiction of such courts and waive any objection to venue.

d. Class action waiver

To the extent permitted by law, you and Burritos Chiquita agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

18. Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of these Terms and, where appropriate, notify you by email or by posting a notice on our Site. Your continued use of the Site or services after changes are posted constitutes your acceptance of the updated Terms.

19. Termination

We reserve the right to suspend or terminate your access to our Site or services at any time, for any reason, with or without notice, including (without limitation) if we believe you have violated these Terms. Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination — including ownership provisions, warranty disclaimers, indemnification, and limitations of liability — will survive.

20. Miscellaneous

a. Entire agreement

These Terms, together with our Privacy Policy and any specific written agreements (such as catering quotes or recurring service agreements), constitute the entire agreement between you and Burritos Chiquita regarding your use of the Site and our services.

b. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.

c. No waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or of any other provision.

d. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

e. Force majeure

We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, severe weather, fires, pandemics, government actions, civil unrest, supply chain disruptions, or labor shortages.

21. How to contact us

If you have questions, concerns, or notices regarding these Terms, please contact us: