1. Two parties, two roles
Two separate businesses are involved when you use this Service.
- The Platform is AiGade LLC, a New Jersey limited liability company that develops, hosts, and operates the order-ahead software at quickoutnj.com and order.quickoutnj.com. The Platform is a technology vendor. It is not a food vendor.
- The Store is Quick Out Convenience LLC, an independent business at 1111 St. Georges Avenue, Colonia NJ 07067. The Store operates the physical premises, prepares all food, handles all in-person commerce, and holds all retail permits.
2. Who is liable for what
The following table is illustrative and not exhaustive.
| Issue | Liable party |
|---|---|
| Food preparation, accuracy, freshness, temperature | Store |
| Allergen disclosure, cross-contamination, ingredient sourcing | Store |
| Foodborne illness | Store |
| Premises injury, slip-and-fall, parking lot, signage | Store |
| Age verification at pickup (tobacco, lottery, Delta 8, alcohol) | Store |
| Cash handling, theft, in-person payment disputes | Store |
| Employee conduct, harassment, discrimination at the Store | Store |
| Refunds, voids, and chargebacks for fulfilled orders | Store |
| Holding food, tobacco, lottery, or alcohol permits | Store |
| Order-routing software bug (for example, wrong pickup time displayed) | Platform (subject to the cap in Section 7) |
| SMS or email delivery failure by the Platform's providers | Platform (subject to the cap in Section 7) |
| Data breach of information held by the Platform | Platform (see Privacy Policy and the cap in Section 7) |
3. Store responsibility (detailed)
The Store is solely responsible for:
- food preparation, cooking, packaging, and handling;
- ingredient sourcing, quality, freshness, temperature control, and safe-handling practices;
- order accuracy, including correct items, quantities, modifications, and substitutions;
- allergen disclosure and cross-contamination prevention. If you have a food allergy or sensitivity you must confirm preparation conditions in person with Store staff at pickup before consuming any item;
- compliance with all federal, state, and local food-safety, health, sanitation, labeling, and licensing requirements;
- age verification at pickup for restricted items, including tobacco, vapor, lottery, alcohol, hookah, Delta 8, CBD, and Kratom;
- cash and card payment processing at the counter;
- employee hiring, training, supervision, and discipline;
- premises maintenance, safety, and insurance.
4. No food-related warranties from the Platform
The Platform makes no warranties, express or implied, regarding food or any other physical item prepared, packaged, or sold by the Store. The Platform disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement, freedom from contamination, accuracy of nutritional or allergen information, and any other warranties that might arise by law, course of dealing, or trade usage.
5. Allergen and dietary disclaimer
Menu descriptions, calorie counts, and ingredient lists shown in the Service are informational only and are provided by the Store. They may not reflect last-minute substitutions, recipe changes, or cross-contamination during preparation. The Store prepares food in a shared kitchen environment. The Platform's “special instructions” field is a courtesy, not a guarantee. The Platform does not flag allergen risks, and the Store may not see late-added instructions in time. The Platform is not responsible for any allergic reaction, dietary issue, or adverse health outcome resulting from food prepared by the Store. If you have a serious allergy, you must confirm preparation conditions directly with Store staff in person before consuming any item.
6. Order-accuracy disclaimer
The Platform transmits your order to the Store as you configured it. Order accuracy at fulfillment depends on the Store. If your order is incorrect, missing items, late, or unsatisfactory, your remedy is with the Store directly. Contact the Store at (732) 737-6705 for refunds, replacements, or complaints related to a specific order.
7. Liability cap
To the maximum extent permitted by law, the total aggregate liability of the Platform (AiGade LLC) to any customer for all claims arising out of or related to the Service in any twelve-month period is limited to the lesser of:
- fifty United States dollars (US$50.00); or
- the total fees you paid to the Platform during the prior twelve months.
The Platform charges no fees to end-user customers, so the second amount will typically be zero. This cap applies regardless of the legal theory under which the claim is brought (contract, tort, negligence, strict liability, statute, or otherwise) and regardless of whether the Platform was advised of the possibility of such damages.
8. Exclusion of consequential and indirect damages
To the maximum extent permitted by law, the Platform is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost wages, lost revenue, lost data, business interruption, emotional distress, pain and suffering, personal injury, or property damage arising out of or related to the Service or any order, regardless of the cause of action.
9. Age-restricted products
New Jersey law requires in-person identification at the time of sale for tobacco, vapor, lottery, alcohol, hookah, Delta 8, and certain other regulated products. The Platform does not verify your age online. The Store will refuse to release any age-restricted item if you do not produce acceptable identification at pickup. The Platform issues no refund for an order that the Store declines to release because of failed ID verification.
10. Indemnification by you
You agree to defend, indemnify, and hold harmless both the Platform (AiGade LLC) and the Store (Quick Out Convenience LLC), along with their respective officers, directors, members, employees, contractors, and agents, from and against any and all third-party claims arising from your conduct, your orders, your interactions with Store staff or other customers, or your use of the Service.
11. Force majeure
The Platform is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to internet or power outages, weather events, natural disasters, labor disputes, supply-chain disruptions, Store closures, government actions, or failures of third-party infrastructure providers including SMS, email, hosting, and database providers.
12. Carve-outs
Nothing in this Limitation of Liability is intended to exclude or limit any liability that cannot lawfully be excluded or limited, including liability for fraud, intentional misconduct, or gross negligence by the Platform itself.
13. Binding arbitration and class-action waiver
Except for claims that qualify for and remain in small-claims court (generally claims under US$5,000), any dispute arising out of or related to the Service shall be resolved exclusively by individual binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect. The seat of arbitration shall be Middlesex County, New Jersey. You and the Platform waive any right to a jury trial and waive any right to bring or participate in a class action, collective action, or representative proceeding.
14. Governing law
This Limitation of Liability is governed by the laws of the State of New Jersey, without regard to its conflict-of-laws principles.
15. Severability
If any portion of this Limitation of Liability is held to be unenforceable in a particular jurisdiction, the unenforceable portion shall be enforced to the maximum extent permitted, and the remaining portions shall continue in full force and effect.
16. Related documents
This Limitation of Liability is part of and incorporated into the Terms of Use. See also the Privacy Policy.
17. Contact
Legal questions about the Platform: noreply@quickoutnj.com.
Order-specific issues (refunds, missing items, complaints about in-person service): contact the Store directly at (732) 737-6705.
18. Notice on legal review
This Limitation of Liability is a plain-English summary of the Platform's standard terms. It has not been individually reviewed by a New Jersey-licensed attorney for this specific Store. Both the Platform and the Store recommend that you consult counsel before relying on any specific clause in a dispute.