Tems of Use — Drinkit
Last updated: March 6, 2025

Full English legal name: QSR Explorers LLC
Legal address: 8424 SANTA MONICA BLVD, SUITE C, WEST HOLLYWOOD, CA 90069
These Terms of Use (the “Terms”) are a binding agreement between QSR Explorers LLC (“Drinkit,” “Drinkit Coffee”, “we,” “us”), a California limited liability company with its principal place of business at 8424 SANTA MONICA BLVD, SUITE C, WEST HOLLYWOOD, CA 90069, and you. Drinkit operates the Drinkit mobile application in the United States under license from DODO Brands International DMCC and DP Global Group Limited (together, the “Licensors”). By accessing or using the Drinkit mobile application (the “Mobile App” or the “App”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the App.

1. Mobile App Access

1.1. Drinkit hereby grants you permission to use the Drinkit Mobile App (hereinafter - Drinkit App, Mobile App or App) as set forth in these Terms of Use, provided that:

(i) your use of the Drinkit App as permitted is solely for your personal, noncommercial use. If you place orders on behalf of a business, you represent that you have authority to do so;

(ii) you will not copy or distribute any part of the Drinkit App in any medium without Drinkit's prior written authorization; 

(iii) you will not alter or modify any part of the Drinkit App other than as may be reasonably necessary to use the App for its intended purpose; and 

(iv) you will otherwise comply with these Terms.

1.2. In order to access some features of the Mobile App, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You must notify Drinkit immediately of any breach of security or unauthorized use of your account, send us a message at info@qsrexplorers.com. Although Drinkit will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Drinkit or others due to such unauthorized use.

1.3. You agree not to use any automated means (including bots, crawlers, scrapers) to access the Mobile App or to interfere with its operation, and not to collect personal information of users without our prior written consent.

1.4. To create an account you must be 13 years or older. Users 13–17 may create and use an account. To save a payment method or place a paid order, you represent that you are 18 or older or that you have authorization from the payment-method owner (i.e., your parent or legal guardian) to use that payment method, and the payment-method owner agrees to these Terms and is responsible for all charges. If you are a parent or legal guardian and you permit a minor to use the App, you are responsible for the minor’s activity, including purchases. We do not direct the App to children under 13 and do not knowingly collect personal information from them. If we learn that a child under 13 has provided personal information, we will delete it. If you believe this has occurred, contact info@qsrexplorers.com.

1.5. We may, to the extent permitted by law, suspend or terminate your account, restrict your access to the App, cancel orders, remove rewards or promotional benefits, or refuse service if we reasonably believe that you have violated these Terms, engaged in fraud, abuse, harassment, chargebacks, misuse of promotions or loyalty rewards, provided false information, created safety or security risks, or otherwise used the App or our services in an unlawful or harmful manner.

2. Use of Drinkit Mobile App

2.1. Drinkit is committed to protecting your privacy. The information you provide through the Mobile App is governed by our Privacy Policy, which explains what we collect, how we use it, and your choices. These Terms of Use govern your use of the Mobile App.

2.2. We may update the Mobile App and these Terms from time to time. Changes apply prospectively and take effect when posted (or on a later stated date). You will be notified if the Terms of Use are changed.

2.3. Your use of the App is also governed by our Privacy Policy. If these Terms and the Privacy Policy conflict regarding how we collect, use, or disclose personal information, the Privacy Policy controls.

3. Placing an order

3.1. When you place an order through Drinkit Mobile App, it needs to be accepted by us before it is confirmed. After you place an order, we will update the order status in the Mobile App. The contract for any food and beverages you order (the “Goods”) comes into existence when we send or display the Confirmation Notice. “Confirmation Notice” means any communication that we send or display to you confirming acceptance of your order, including an on-screen confirmation in the Mobile App or on a self-service kiosk, a printed receipt, email, or a push notification. You are responsible for paying for all Goods ordered using your account, and for complying with these Terms of Use, even if you have ordered the Goods for someone else. This will be displayed in the Mobile App. All Goods are subject to availability.

3.2. You can place an order for pickup at a Drinkit coffee shop.

3.3. Our shops handle common allergens (e.g., nuts, dairy, gluten). Cross-contact may occur. If you have allergies, please inform us before ordering; however, we cannot guarantee an allergen-free environment.

4. Collection

4.1. When you place an order you will have the choice to place it as an ASAP Collection or a Scheduled Collection. For an ASAP Collection, we will tell you an estimated preparation time for your Goods before you place the order, but we will attempt preparation as soon as possible; you must therefore be available to collect the order from the time you place the order. For Scheduled Collection, we will tell you the time when the Goods are expected to be prepared; you must be available to collect the order for five minutes before and ten minutes after that time.

4.2. Unfortunately, despite our coffee shop’s best efforts, things do not always go to plan and factors such as load or technical nuances prevent us from preparing your Goods on time. If your order is more than 10 minutes late, and we haven’t notified you giving you the option to cancel your order, we will work with you to make things right unless you have caused the delay (e.g. chose the wrong time).

4.3. You will still be charged for the Goods in the event of a failed collection if you have caused such failure for any reason. Reasons you might cause a collection to fail include (but are not limited to) that you did not collect the order.

5. Your Rights If Something Is Wrong With Our Goods

5.1. You have a legal right to receive Goods which comply with their description, which are of satisfactory quality and which comply with any specific requirements you tell us about (and we agree to) before you place your order. If you believe that the Goods you have collected do not comply with these legal rights, please let us know. We may request a photograph showing the problem if it is something that can be seen by inspecting the Goods.

5.2. If you received a defective item, we will:

(i) provide a refund in respect of the affected part of the Goods,

(ii) give a promo code,

(iii) replace the defective Goods,

(iv) exchange the defective Goods

Prior to processing your refund, we may take into account relevant factors including the details of the order, including your account history, what happened on collection and information from the coffee shop. Refunds are issued to the original payment method as soon as practicable, typically within 5–10 business days, and in any case no later than 30 days.

5.3. You may cancel an order at any time before the coffee shop has started preparing the Goods (a “Started Order”), regardless of payment method. If you cancel before a Started Order, we will refund your payment. Once preparation starts, orders are generally non-cancelable. For Cash on Delivery (COD) orders, you remain responsible for payment if you cancel after the order becomes a Started Order.

5.4. You agree that we and our payment processor may submit evidence to your card network in the event of a dispute or chargeback; if a chargeback is resolved in our favor, the original transaction may be reinstated by the issuing bank or processor.

5.5. Drinkit may notify you that an order has been cancelled at any time. You will not be charged for any orders cancelled by us, and we will reimburse you for any payment already made using the same method you used to pay for your order. We may also give you a promo code to reflect the inconvenience caused.

6. Prices, Payment and Offers

6.1. Prices & Taxes. Prices are shown in USD and exclude applicable state and local sales/use taxes and fees, unless expressly stated otherwise. Any applicable taxes and fees will be calculated and displayed at checkout.

6.2. The total price of your order will be set out on the checkout page in the Mobile App, including the prices of Goods, and applicable Service Fees, and taxes. Payment for all Goods can be made in the Mobile App by credit or debit card, or other payment methods.

6.3. Where applicable, a service fee will be displayed at checkout and covers order processing and platform costs; it is not a gratuity and is not paid to store staff.

6.4. Where COD is possible, this will be made clear in the Mobile App before you place your order. Only cash payments will be accepted when an Order is to be prepared under the COD facility. We do not accept banknotes in denominations greater than $50 (fifty US dollars). We will not be authorized to accept checks, vouchers, card payments or any other form of payment (including credit or debit cards) once an Order is requested through the COD payment on our Service.

6.5. Payment Processing. Card payments are processed by Nuvei and other authorized processors. Cards are tokenized and handled by such processors in compliance with PCI DSS; we do not store full card numbers. We accept Visa and MasterCard debit/credit cards in USD; availability of additional methods (e.g., Apple Pay/Google Pay, Amex) may vary by location.

7. Communicating With Drinkit

7.1. On certain areas of the Drinkit Mobile App, you may be given the ability to contact us by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about our products, to register for particular marketing activities. The information that you provide to us through this Mobile App is governed by our Privacy Policy.

7.2. These areas are designed to give our users the ability to contact us with questions or concerns. They are not intended for, and should not be used to, submit unsolicited ideas. It is company policy not to accept such unsolicited ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts or similar materials from outside parties. By entering the Mobile App you acknowledge and agree that any materials, ideas or other communications you transmit to us in any manner and for any reason will not be treated as confidential or proprietary. We do not accept unsolicited ideas. If you nevertheless submit them, they are not confidential, we may already be working on similar ideas developed independently, and we have no obligation to review, keep, return, or compensate you for any materials you submit.

8. Drinkit Property

8.1. Certain DRINKIT names, logos, designs, trade dress and other brand indicia (the "Drinkit Marks") are owned by DP Global Group Limited and DODO Brands International DMCC (together with their affiliates, the "Licensors"). QSR Explorers LLC ("Drinkit") uses the Drinkit Marks in the United States under license from the Licensors.

8.2. These trademarks are used to distinguish Drinkit’s products and services. You may not remove or alter any Drinkit Marks, or co‑brand your own products or materials with Drinkit Marks without our prior written consent. All goodwill arising from your permitted use of the Drinkit Marks shall insure to the benefit of their respective owners.

8.3. Third‑party content (e.g., graphics, videos, images, characters) is owned by the third parties that market or license that content, and is used by Drinkit under license or as permitted by applicable law.

8.4. If you are a trademark or copyright owner and believe material we control infringes your rights, contact us at info@qsrexplorers.com so we can review and remove or disable access where appropriate.

9. User-Submitted Content

Feedback and Order Name (No Public UGC). We do not host public user-generated posts (e.g., public reviews or photos) in the Mobile App. From time to time, you may submit feedback, suggestions, support requests, ratings, or survey responses (“Feedback”). You retain ownership of your Feedback. By submitting Feedback, you grant Drinkit a worldwide, non-exclusive, royalty-free, transferable and sublicensable license to use, host, reproduce, modify and display the Feedback to operate and improve the Mobile App and our business, without compensation to you. When placing an order, you may provide an order name to assist with pickup; your order name may be shown to staff and on an in-store pickup screen visible to others nearby—do not provide sensitive personal information as an order name. If you believe material we control infringes your rights, contact info@qsrexplorers.com and we will review and remove or disable access where appropriate.

10. Indemnification

You agree to defend, indemnify, and hold harmless Drinkit and its affiliates, officers, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your violation of these Terms or applicable law, or your misuse of the Mobile App. This section does not require indemnification to the extent caused by our negligence or willful misconduct.

11. Accessibility.

We strive to make the App and our stores accessible. If you need an accommodation or encounter an accessibility barrier, please contact info@qsrexplorers.com. We are working toward conformance with WCAG 2.1 AA.

12. Governing Law and Venue

Subject to the Federal Arbitration Act, these Terms are governed by the laws of the State of California without regard to its conflict-of-laws rules. For any claim not subject to arbitration, the state and federal courts in Los Angeles County, California have exclusive jurisdiction and venue.

13. Disclaimer of Warranties

The Mobile App and all content are provided “AS IS” and “AS AVAILABLE.” To the maximum extent permitted by law, Drinkit disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, and non-infringement. We do not warrant the Mobile App will be uninterrupted or error-free.

14. Miscellaneous

14.1. These Terms constitute the entire agreement between you and Drinkit. Both you and Drinkit acknowledge and agree that no partnership is formed, and neither you nor Drinkit has the power or the authority to obligate or bind the other.

14.2. The failure of Drinkit to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' original intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

14.3. You agree to comply with U.S. export and sanctions laws and not to export or re-export the App or related technology in violation of those laws.

14.4. The failure of Drinkit to comply with these Terms because of acts of God, war, fire, riot, terrorism, earthquake, government action, or any other reason beyond Drinkit’s reasonable control, shall not be deemed a breach of these Terms. If Drinkit fails to act with respect to your breach or anyone else's breach on any occasion, Drinkit is not waiving its right to act with respect to future or similar breaches.

14.5. The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

14.6. You consent to receive agreements, notices, and disclosures electronically. You may withdraw consent by emailing info@qsrexplorers.com; withdrawal may affect your ability to use the App. To access and retain electronic records, you need a device with a current web browser and PDF reader, internet access, and storage/printing capability. We will provide records in a format you can retain, and you may update your contact details through the App or by contacting us.

15. Dispute Resolution; Arbitration; Class‑Action Waiver

You and Drinkit agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or the Services will be resolved by binding individual arbitration, except as otherwise expressly provided below. This arbitration agreement is governed by the Federal Arbitration Act (“FAA”). Before starting arbitration, the party seeking relief must send the other party a written Notice of Dispute describing the claim and the relief requested. Notices to Drinkit must be sent to: QSR Explorers LLC, 8424 Santa Monica Blvd., Suite C, West Hollywood, CA 90069, and info@qsrexplorers.com. The parties will attempt in good faith to resolve the dispute informally for 30 days after the Notice of Dispute is received. If the dispute is not resolved within that 30-day period, either party may commence arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules. If AAA is unavailable or unwilling to administer the arbitration, the arbitration will be administered by JAMS under its then-applicable consumer arbitration rules. The arbitration will take place in Los Angeles County, California, or by remote video conference if permitted by the applicable rules or law. You will pay only the consumer filing fee required by the applicable arbitration rules. Drinkit will pay the remaining arbitration fees and arbitrator compensation to the extent required by the applicable rules and applicable law. Each party will bear its own attorneys’ fees and costs, except as otherwise provided by the applicable rules, arbitrator order, or law. YOU AND DRINKIT WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual claim before the arbitrator. Either party may bring an individual action in small-claims court in the county of the user’s residence if the claim qualifies and remains on an individual basis. Notwithstanding the agreement to arbitrate, either party may seek public injunctive relief in a court of competent jurisdiction to the extent required by California law. Judgment on any arbitration award may be entered in any court having jurisdiction. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210, to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

Our contact information: 8424 Santa Monica Blvd., Suite C, West Hollywood, CA 90069; info@qsrexplorers.com.

16. Limitation of Liability

To the maximum extent permitted by law, Drinkit will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of or relating to the Mobile App or these Terms, whether based in contract, tort (including negligence), strict liability, or any other theory, even if Drinkit has been advised of the possibility of such damages or such damages are foreseeable. In all cases, Drinkit’s total liability for all claims relating to the Mobile App or these Terms will not exceed the amounts you paid to Drinkit in the twelve (12) months before the event giving rise to liability. Nothing in these Terms limits or excludes liability to the extent it cannot be limited or excluded under applicable law, including liability for death or personal injury caused by negligence, fraud, or willful misconduct. These limitations apply to the fullest extent permitted by law, even if any remedy fails of its essential purpose.

17. Privacy

Our Privacy Policy explains how we collect, use, disclose, and retain personal information, including your California privacy rights and choices. By using the App, you consent to our data practices described there, including cross‑border transfers where required to provide the App.

18. Apple Media Services Terms and Conditions

If you access the App via Apple iOS or Google Android, your use is also subject to the Apple Media Services Terms or Google Play Terms, respectively. Apple/Google are not parties to these Terms and have no warranty or support obligations.

19. Contacts

8424 SANTA MONICA BLVD, SUITE C, WEST HOLLYWOOD, CA 90069, info@qsrexplorers.com.