Terms of Use

Effective date: June 17, 2026

These Terms of Use ("Terms") govern your access to and use of the websites of Ben's Fast Food Restaurants, Inc. ("Ben's Fast Food," "we," "us," or "our"), including bensfastfood.com, eatpalmita.com, umamiexpress.co, and lotusandlime.com (the "Sites"). By accessing or using the Sites, you agree to these Terms. If you do not agree, do not use the Sites.

1. Who we are

We operate the restaurant brands Ben's Fast Food, Palmita, Umami Express, and Lotus & Lime. Our Sites provide information about our brands, menus, locations, and catering, and link to third-party platforms where you can place orders.

2. Ordering happens on third-party services (Storefront and other platforms)

You cannot place an order or pay on the Sites themselves. Orders are placed and paid for through separate third-party ordering services, including our online Storefront, which is powered by DoorDash (at order.online), and other platforms such as Uber Eats, Grubhub, and CaterCow.

These Terms govern your use of our marketing Sites only. When you order through the DoorDash-powered Storefront, your use of that service is governed by the separate Storefront Consumer Terms and Conditions and Storefront Privacy Policy presented to you there, not by these Terms. Those Storefront terms include, among other things, a binding arbitration agreement and class action waiver, disclaimers, and limitations of liability, and provide that DoorDash is a third-party beneficiary of them. Please read them before you order; they may affect your legal rights, including how disputes are resolved.

Your order is a transaction between you and the applicable ordering service (and, as applicable, us as the merchant on that service), governed by that service's terms and policies. We are not responsible for the operation, content, pricing, fees, delivery, or data practices of any third-party ordering service.

3. Menu, pricing, and availability

Menu items, ingredients, pricing, hours, and location availability shown on the Sites are for general information, may differ by location and by ordering platform, and may change without notice. We make reasonable efforts to keep information current but do not warrant that it is accurate, complete, or up to date at all times. Pricing and availability on the ordering platform control.

4. Allergen and food-safety notice

Please read carefully. Our menu is designed to be made without certain allergens as ingredients — specifically gluten, dairy, peanuts, eggs, fish, shellfish, and mustard — and we provide ingredient and nutrition information on the Sites as a guide. Some of our items do contain tree nuts (for example, cashews, walnuts).

We prepare our food in kitchens dedicated to our exclusive use — we do not share cooking space with other businesses. Even so, a small but non-zero risk of cross-contact with allergens that we cannot fully control remains, because:

  • our kitchens also prepare our other brands (Palmita, Umami Express, and Lotus & Lime), some of which use ingredients such as soy, sesame, mushrooms, and tree nuts;

  • our locations are inside buildings shared with other food operators, and while we use food-storage space (racks) designated for our exclusive use, general storage areas such as walk-in coolers and dry storage are shared and hold other operators' ingredients; and

  • our food distributors transport other products alongside ours in transit.

For these reasons, we cannot guarantee that any item is completely free of any allergen, or free from cross-contact or trace amounts of allergens. Ingredients, recipes, suppliers, and preparation may change without notice, and the information on the Sites may not reflect every change.

If you have a food allergy or sensitivity, celiac disease, or another dietary restriction, you are responsible for reviewing the available ingredient information and deciding what is appropriate for you, and you should exercise caution and may wish to contact us before ordering. To the fullest extent permitted by law, you assume the risks associated with your food choices, and Ben's Fast Food is not liable for any allergic reaction or related harm.

5. Use of the Sites

You agree to use the Sites only for lawful purposes and not to: (a) violate any law or these Terms; (b) interfere with or disrupt the Sites or their security; (c) attempt to gain unauthorized access to any system; (d) scrape, harvest, or collect information about other users; or (e) use the Sites to transmit harmful or unlawful content.

6. Intellectual property

The Sites and their contents — including the Ben's Fast Food, Palmita, Umami Express, and Lotus & Lime names and logos, text, graphics, photographs, and menu content — are owned by or licensed to us and are protected by intellectual property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Sites for your personal, non-commercial use. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written permission.

7. Submissions

If you submit information through a form (for example a contact or catering request) or otherwise send us content, you represent that it is accurate and that you have the right to provide it. You grant us a non-exclusive, royalty-free license to use that content to respond to you and operate our business. Information you submit is also handled as described in our Privacy Policy.

8. Disclaimer of warranties

The Sites are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Sites will be uninterrupted, secure, error-free, or free of harmful components, or that information on the Sites is accurate or complete. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

9. Limitation of liability

To the fullest extent permitted by law, Ben's Fast Food and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to use) the Sites, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total liability for any claim relating to the Sites will not exceed one hundred U.S. dollars ($100). Nothing in these Terms limits liability that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Ben's Fast Food and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Sites or your violation of these Terms.

11. Third-party links

The Sites contain links to third-party websites and platforms that we do not control. We provide these links for convenience and are not responsible for the content, products, or practices of any third party. Your use of third-party services is governed by their terms.

12. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in Section 13.

13. Dispute resolution; binding arbitration; class action waiver

Counsel note (delete before publishing): this clause is the mechanism that limits class-action exposure, but consumer arbitration clauses are only enforceable if drafted correctly (clear notice, mutuality, reasonable fees, a genuine opt-out, severability). Have counsel confirm the arbitration administrator, fee allocation, and the carve-outs for your states before you publish. Note this governs the marketing Sites; orders on the DoorDash Storefront are separately covered by DoorDash's own arbitration agreement.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL, AND REQUIRES INDIVIDUAL ARBITRATION INSTEAD OF CLASS ACTIONS.

(a) Informal resolution first. Before starting an arbitration, you agree to first contact us at legal@bensfastfood.com and give us 30 days to resolve the dispute informally.

(b) Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Sites will be resolved by final and binding individual arbitration, rather than in court, administered by a recognized arbitration provider (such as the American Arbitration Association) under its consumer arbitration rules. The arbitrator decides all issues, except that a court decides the enforceability of this arbitration provision and of the class action waiver below.

(c) Class action waiver. You and Ben's Fast Food agree that each may bring claims against the other only on an individual basis, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. You and Ben's Fast Food waive any right to a jury trial.

(d) Exceptions. Either party may (1) bring an individual claim in small claims court, and (2) seek injunctive or other equitable relief in court to protect intellectual property or stop unauthorized use of the Sites.

(e) 30-day right to opt out. You may opt out of this arbitration agreement and class action waiver by emailing hello@bensfastfood.com within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

(f) Severability. If the class action waiver in (c) is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section and these Terms remain in effect. If any other part of this Section is found unenforceable, it will be severed and the remainder will stay in effect.

(g) Venue for non-arbitrable matters. For any dispute not subject to arbitration, you and Ben's Fast Food consent to the exclusive jurisdiction of the state and federal courts located in Delaware.

14. Changes to these Terms

We may update these Terms from time to time. The "Effective date" above shows when they were last revised. Your continued use of the Sites after changes take effect means you accept the revised Terms.

15. Contact

Ben's Fast Food Restaurants, Inc. 2261 Market St #5136 San Francisco, CA 94114 Email: hello@bensfastfood.com