Terms of Service

Please read these Terms of Service carefully before using the website delivery-marcos.click or any services offered by Marcos. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding contract between you ("User," "Customer," "you," or "your") and Marcos ("Company," "we," "us," or "our"), governing your access to and use of the website located at delivery-marcos.click (the "Website") and all related food ordering, delivery, and associated services provided by Marcos (collectively, the "Services").

By accessing our Website, placing an order, creating an account, or otherwise interacting with our Services, you expressly agree to these Terms in their entirety. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users, registered customers, and any other persons who access or use our Services.

If you are using our Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind such entity to these Terms, and references to "you" shall include both you individually and such entity.

You must be at least eighteen (18) years of age to use our Services. By using our Website or placing an order, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. Minors are not permitted to use our Services without verifiable parental or guardian consent.

2. Company Information

The Services are operated by:

For all inquiries, complaints, or legal notices, please contact us using the information provided in Section 14 (Contact Information) of these Terms.

3. Description of Services

Marcos is a food service business operating within the United States that provides the following services through its Website and other channels:

• Online Food Ordering: Customers may browse our menu offerings, customize their orders, and place orders for food and beverages through our Website.
• Food Delivery Services: We offer delivery of food orders to designated service areas within our delivery zone. Delivery availability, timing, and fees may vary based on your location, time of order, and current demand.
• Pickup/Takeout Services: Customers may place orders online for in-store or curbside pickup at our designated locations.
• Account Management: Registered users may create personal accounts to manage order history, saved preferences, payment methods, and loyalty rewards where applicable.
• Promotional Offers and Loyalty Programs: From time to time, we may offer discounts, promotional codes, loyalty points, or special deals, which are subject to their own specific terms and conditions.
• Customer Support: We provide support services to assist customers with order issues, complaints, and general inquiries.

We reserve the right to modify, suspend, discontinue, or expand any aspect of our Services at any time, with or without notice, and without liability to you. Menu items, pricing, availability, and delivery zones are subject to change at our discretion.

Marcos does not guarantee continuous, uninterrupted access to its Website or Services. Scheduled maintenance, technical issues, or circumstances beyond our control may result in temporary unavailability of our Services.

4. User Accounts and Registration

Certain features of our Services may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate and current.

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account. Marcos will not be liable for any loss or damage arising from your failure to protect your account credentials.

You may not create more than one account per person or entity without our express written consent. We reserve the right to suspend or terminate any account that we believe, in our sole discretion, is being used fraudulently, abusively, or in violation of these Terms.

5. User Obligations and Prohibited Activities

5.1 General User Obligations

By using our Services, you agree to:

• Provide accurate, truthful, and complete information when placing orders, registering an account, or otherwise interacting with our Services.
• Ensure that delivery addresses provided are accurate and that someone of legal age is available to receive alcohol-related products, if applicable.
• Pay all fees and charges associated with your orders in a timely manner.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our Services.
• Treat our staff, delivery personnel, and other users with respect and dignity at all times.
• Review and comply with any product-specific terms, including allergen information and dietary disclosures provided on our Website.

5.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Fraud and Misrepresentation: Using false identity, payment information, or fraudulent promotional codes to obtain Services or discounts.
• Unauthorized Access: Attempting to access, probe, or test the vulnerability of our systems, networks, or security measures without authorization; attempting to bypass or circumvent security features of the Website.
• Interference: Transmitting any viruses, malware, worms, Trojan horses, or other harmful code or software intended to damage, interfere with, or disrupt the operation of our Website or Services.
• Scraping and Data Mining: Using automated tools, bots, scrapers, or crawlers to extract data from our Website without our express written permission.
• Harassment and Abuse: Harassing, threatening, intimidating, or abusing our employees, delivery personnel, or other users through any communication channel.
• Unauthorized Resale: Reselling or commercially exploiting our Services or products obtained through our Services without our express written authorization.
• Intellectual Property Infringement: Copying, reproducing, distributing, or creating derivative works based on our proprietary content, trademarks, or other intellectual property without authorization.
• Illegal Activities: Using our Services for any unlawful purpose or in violation of any applicable federal, state, or local laws and regulations.
• False Reviews: Submitting false, misleading, or fabricated reviews, ratings, or feedback about our Services.
• Account Sharing: Sharing account access with unauthorized third parties or creating multiple accounts to abuse promotional offers.

Violation of any of the prohibited activities listed above may result in immediate termination of your account, cancellation of pending orders, and, where appropriate, referral to law enforcement authorities.

6. Ordering, Payment Terms, and Pricing

6.1 Order Placement

When you place an order through our Website, you are making an offer to purchase food and related products subject to these Terms. We reserve the right to accept or decline any order at our sole discretion. An order is confirmed only when you receive an order confirmation notification from us via email or through the Website.

Menu item availability is subject to change without notice. In the event that an item you ordered is unavailable, we will notify you and provide you with the option to substitute the item or receive a refund for the unavailable item.

6.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are inclusive or exclusive of applicable taxes as indicated. We reserve the right to change menu prices at any time without prior notice. The price applicable to your order is the price displayed at the time of order placement. Prices may vary based on your delivery location, time of order, and applicable promotions.

6.3 Payment

We accept payment through the methods indicated on our Website at the time of checkout. By providing your payment information, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information is accurate and complete; and (c) you authorize us to charge the full amount of your order, including applicable taxes, delivery fees, and service charges, to your designated payment method.

All transactions are processed through secure, third-party payment processors. We do not store complete payment card information on our servers. Payment processing is subject to the terms and conditions of our payment processors, and we are not responsible for errors or issues arising from third-party payment processing systems.

6.4 Delivery Fees and Minimum Order Requirements

Delivery orders may be subject to delivery fees, service fees, and minimum order amounts, which will be disclosed at checkout prior to order confirmation. These fees are subject to change and may vary based on your delivery location and current demand.

6.5 Refunds and Cancellations

Order cancellations may be possible only within a limited time window after order placement, as food preparation often begins immediately upon order confirmation. Please contact us promptly at [email protected] if you need to cancel or modify an order. Refunds, where applicable, will be processed to your original payment method within a reasonable time frame in accordance with our Refund Policy. We reserve the right to refuse refunds for orders that have already been prepared or are in transit for delivery.

7. Food Allergens and Dietary Information

Marcos makes reasonable efforts to provide accurate allergen and nutritional information for our menu items on our Website. However, we cannot guarantee that our products are free from any particular allergen, as our kitchen facilities may handle products containing common allergens including, but not limited to, nuts, dairy, gluten, eggs, soy, shellfish, and fish.

If you have severe food allergies or specific dietary requirements, you are strongly advised to contact us directly at [email protected] before placing an order to discuss your needs. Marcos disclaims all liability for any allergic reactions or adverse health effects resulting from consumption of our products where the customer has failed to disclose or inquire about specific allergen concerns.

8. Intellectual Property Rights

All content, materials, and information available on or through the Website, including but not limited to text, graphics, logos, menu designs, photographs, images, icons, audio clips, digital downloads, data compilations, software, and the overall look and feel of the Website (collectively, "Proprietary Content"), are the exclusive property of Marcos or its content suppliers and are protected by United States and international intellectual property laws, including copyright, trademark, trade dress, and other applicable laws.

The name "Marcos," the Website's domain name, logos, slogans, and all related marks are proprietary trademarks and trade names of Marcos. You are not granted any license to use our trademarks, trade names, logos, or service marks without our prior express written consent.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial purposes in connection with using our Services. This license does not include:

• The right to resell or commercially exploit the Website or its content;
• The right to make derivative works based on our Proprietary Content;
• The right to download or copy account information for the benefit of another person or entity;
• The right to use data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use of our Proprietary Content terminates the limited license granted above and may constitute a violation of copyright, trademark, and other applicable laws, exposing you to civil and criminal penalties.

If you submit feedback, reviews, suggestions, or other content to us, you grant Marcos a worldwide, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, publish, and distribute such content in connection with our business operations and marketing activities.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE FEDERAL TRADE COMMISSION ACT AND ALL APPLICABLE STATE LAWS, MARCOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND PARTNERS (COLLECTIVELY, "MARCOS PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF MARCOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE MARCOS PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO MARCOS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such jurisdictions, the above limitations may not apply to you, and our liability shall be limited to the maximum extent permitted by applicable law in your jurisdiction.

10. Disclaimers

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MARCOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: We do not warrant that our Services will meet your specific requirements or expectations.
• WARRANTIES OF ACCURACY OR COMPLETENESS: We do not warrant that the information available on our Website, including menu descriptions, nutritional information, pricing, and availability, is accurate, complete, or current at all times.
• WARRANTIES OF UNINTERRUPTED SERVICE: We do not warrant that our Website will be available at all times, error-free, or free from viruses or other harmful components.
• WARRANTIES REGARDING THIRD-PARTY SERVICES: We make no representations or warranties regarding the quality, reliability, or conduct of third-party delivery services, payment processors, or other third parties involved in delivering our Services to you.
• WARRANTIES REGARDING FOOD QUALITY: While we take every reasonable measure to ensure food quality and safety, we make no warranties regarding the taste, texture, or suitability of food items for your individual preferences or dietary needs.

This disclaimer constitutes an essential part of these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

11. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Marcos and its officers, directors, employees, agents, licensors, suppliers, successors, and assigns (collectively, "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) that the Indemnified Parties may incur or suffer arising out of or relating to:

• Your use of or access to our Website or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our Website;
• Your fraudulent, negligent, or willful misconduct;
• Any dispute between you and a third party arising out of or related to your use of our Services.

Marcos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate fully with Marcos in asserting any available defenses. You shall not settle any claim without Marcos's prior written consent.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Marcos primarily operates, without regard to its conflict of law provisions.

Marcos operates within the United States and complies with applicable federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), which prohibits unfair or deceptive acts or practices in commerce. Where applicable, we also comply with the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) for users located in California, as well as all other applicable state-specific consumer protection statutes.

Subject to the dispute resolution provisions set forth in Section 13, you consent to the exclusive personal jurisdiction of the federal and state courts located in the United States for the resolution of any disputes not subject to arbitration. You waive any objection to such jurisdiction based on improper venue or inconvenient forum.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our Services informally. To initiate informal dispute resolution, you must send a written notice describing the dispute to us at [email protected]. We will attempt to resolve the dispute within thirty (30) days of receiving your notice. If we are unable to resolve the dispute within that period, either party may proceed to binding arbitration as described below.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for disputes that qualify for small claims court and except as expressly set forth herein, you and Marcos agree that any dispute, claim, or controversy arising out of or relating to these Terms, the breach thereof, or your use of our Services shall be resolved exclusively through final and binding individual arbitration administered by a recognized arbitration body in the United States, such as the American Arbitration Association (AAA), under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in English and shall take place in a mutually agreed location within the United States, or by telephone or video conference.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have authority to award any remedy that would be available in a court of law.

13.3 Class Action Waiver

YOU AND MARCOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and Marcos agree, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

13.4 Exception for Small Claims and Injunctive Relief

Notwithstanding the foregoing, either party may seek relief in small claims court for disputes within the applicable monetary threshold and may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you access or use our Website or Services. We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and Services at any time, with or without cause, and with or without prior notice, including for:

• Any actual or suspected violation of these Terms;
• Fraudulent, abusive, or illegal activity;
• Non-payment of fees owed to Marcos;
• Extended periods of account inactivity;
• Any other reason we deem appropriate in our sole discretion.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of your obligation to pay any amounts owed to Marcos prior to termination.

Upon termination of your account or your access to our Services, all rights and licenses granted to you under these Terms will immediately cease. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and dispute resolution, shall survive termination.

15. Changes to Terms

Marcos reserves the right to modify, update, or replace these Terms at any time in its sole discretion. We will notify you of material changes to these Terms by posting the updated Terms on our Website with a revised "Last Updated" date and, where we deem appropriate, by sending a notification to the email address associated with your account.

It is your responsibility to review these Terms periodically for any changes. Your continued use of our Website or Services after the posting of revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must discontinue use of our Website and Services immediately.

No modification to these Terms by you shall be effective or binding on Marcos unless expressly agreed to in writing by an authorized representative of Marcos.

16. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Marcos. These links are provided for your convenience and informational purposes only. Marcos does not endorse, control, or assume any responsibility for the content, privacy practices, or terms and conditions of any third-party websites or services.

We encourage you to review the terms of service and privacy policies of any third-party websites you visit. Your interactions with third-party websites and services are solely between you and such third parties. Marcos shall not be responsible or liable for any loss, damage, or harm arising from your use of or reliance on any third-party website or service.

17. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms and forms an integral part of this Agreement. Our Privacy Policy describes how we collect, use, store, and disclose information about you in connection with your use of our Services. We encourage you to read our Privacy Policy carefully.

By using our Services, you acknowledge that you have read and understood our Privacy Policy. To the extent required by applicable law, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and other applicable state privacy laws, we will honor your rights with respect to your personal information as described in our Privacy Policy.

18. Force Majeure

Marcos shall not be liable for any failure or delay in performing its obligations under these Terms arising out of or caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, hurricanes, pandemics or epidemics, government actions or regulations, strikes or labor disputes, internet or telecommunications outages, supply chain disruptions, or other events of force majeure. In the event of such circumstances, Marcos will make reasonable efforts to notify affected customers and to resume normal operations as quickly as practicable.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such invalidity, illegality, or unenforceability shall not affect the remaining provisions of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties to the greatest extent possible.

If any portion of the class action waiver in Section 13 is found to be unenforceable or invalid, then the entirety of the arbitration provision shall be null and void, and the parties agree to resolve disputes through litigation in the courts specified in Section 12.

20. Waiver

No failure or delay by Marcos in exercising any right, power, or privilege under these Terms shall operate as a waiver of that right, power, or privilege. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. Any waiver of any provision of these Terms must be in writing and signed by an authorized representative of Marcos to be effective.

21. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies expressly incorporated herein by reference, constitute the entire agreement between you and Marcos with respect to the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, between you and Marcos relating to such subject matter.

No representation, statement, or warranty made by any person other than as expressly set out in these Terms shall be binding on Marcos or shall form part of these Terms.

22. Electronic Communications

By using our Services or communicating with us by electronic means, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

23. California Residents

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know about personal information collected, the right to delete personal information, the right to opt-out of the sale or sharing of personal information, and the right to non-discrimination for exercising your privacy rights. Please refer to our Privacy Policy for more information about how to exercise these rights.

Under California Civil Code Section 1789.3, California users may also 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, California 95834, or by telephone at (800) 952-5210.

24. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the information below:

We will make reasonable efforts to respond to all inquiries within a timely manner. For urgent matters related to active orders, please use the fastest available contact method listed above.

These Terms of Service were last updated on July 24, 2026. Marcos reserves the right to update these Terms at any time. Please check this page regularly for updates.