1. Who we are and acceptance
"Beach Dart," "we," and "us" mean Beach Dart LLC, doing business as Beach Dart, at 910 Dixon Blvd, Cocoa, FL 32922. By creating an account, placing an order, or using the service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the service. You must be at least 18 years old, or the age of majority where you live, to place an order.
2. How Beach Dart works
Participating vendors list products and choose when and where they are available. A vendor may accept, prepare, and deliver your order to the beach location you provide. Beach Dart provides the ordering platform, payment experience, order updates, and customer support. Unless an item is expressly identified as sold by Beach Dart, the vendor is the seller of that item and is responsible for its description, availability, preparation, handling, and delivery. Vendor identity will be shown in the order experience.
3. Accounts and accurate information
You agree to provide accurate contact, payment, and delivery information, keep your account secure, and promptly update information that changes. You are responsible for activity under your account unless prohibited by law. Notify us at support@beachdart.com if you suspect unauthorized access. We may suspend access to protect users, investigate misuse, or comply with law.
4. Beach location and delivery handoff
You must choose a supported beach and provide a reasonably accurate location, along with a description or other meeting instructions when helpful. If you allow location access, we may use your device location to facilitate the order and may share the delivery location and necessary contact details with the assigned vendor and delivery personnel. Location can be imprecise, especially around parking areas, dunes, buildings, and crowds. You must remain in an accessible, lawful area, follow beach rules, and be available to receive the order. Do not direct delivery personnel into restricted or unsafe areas. You may contact them through available in-app features. Where messaging or masked calling is offered, it is for order-related communication only. Delivery estimates are estimates, not guarantees. If the vendor cannot safely locate or reach you after reasonable contact attempts, the order may be treated under the missed-delivery policy shown at checkout.
5. Orders, availability, and substitutions
An order is a request until accepted or otherwise confirmed in the app. We or the vendor may decline or cancel it for unavailable items, service-area limits, weather, safety, payment issues, suspected fraud, or other operational reasons. If an item is unavailable, the vendor may offer a substitution only with your approval; any price difference will be disclosed before you accept. Product photos and descriptions are illustrative. For food, ingredients, allergens, and handling questions, contact the vendor before ordering. Do not assume an item is free of allergens.
6. Prices, fees, taxes, and tips
The checkout screen will show the product subtotal, applicable taxes, delivery and service fees, discounts, and total before you place the order. Delivery fees may vary with order size, beach, and other disclosed factors. Tips are optional and, when selected, are charged in the amount you choose. Prices and offers may change, but changes will not alter an accepted order without your agreement. You authorize the payment method you select to be charged for the final disclosed amount and any later amount you separately approve. Payments may be processed by third-party providers under their own terms.
7. Cancellations, refunds, and problems
You may cancel while the app offers a cancellation option. Once the vendor has accepted or begun preparing an order, cancellation may be unavailable or subject to the policy displayed before purchase. If an order is canceled by us or the vendor before fulfillment, we will refund amounts charged for items and services not provided. If an item is missing, damaged, materially different, or never delivered, report it through in-app support within one hour. We will review the order and may provide a refund, replacement, or credit as appropriate and as required by law. Refunds go to the original payment method unless otherwise agreed; processing time depends on your payment provider. Nothing in this section limits rights that cannot legally be waived.
8. Promotions and credits
Promotional codes and credits are subject to the conditions shown with the offer. Unless an offer says otherwise, they have no cash value, may not be transferred or combined, and cannot be applied retroactively. We may cancel a promotion obtained through misuse, subject to applicable law. Any purchased gift balance or other prepaid value will be governed by separately disclosed terms and applicable law.
9. Acceptable use and safety
Use Beach Dart only for lawful personal transactions. You may not interfere with the platform, misuse another account or payment method, harass a vendor or delivery person, submit false delivery claims, or use the service for resale without our permission. Beach conditions can change quickly. You remain responsible for your own safety and for complying with lifeguard instructions, beach rules, and local law. Vendors may decline an unsafe delivery request.
10. Location, messages, and privacy
Our Privacy Policy explains what information we collect, how we use and share it, and your choices. Order-related messages, calls, and notifications may be used to coordinate a delivery and resolve support issues. Your carrier may charge for SMS or data. Marketing texts, if offered, require any separate consent required by law and can be stopped through the instructions in those messages. Precise location access is controlled through your device settings; disabling it may require you to enter your delivery location manually or may prevent some features.
11. Third-party vendors and services
Vendors are separate businesses. Their product, food safety, licensing, and delivery obligations remain theirs, subject to applicable law. Beach Dart does not make a vendor an employee or agent merely by listing its products. The app may link to maps, payment methods, or other services governed by their own terms. We remain responsible for our own obligations under these Terms and applicable law.
12. Service changes and availability
We may add, change, suspend, or discontinue features or service areas. We may update these Terms by posting a revised version with a new effective date and giving any notice required by law. Material changes will apply prospectively. Continuing to use Beach Dart after the effective date means you accept the updated Terms; if you do not, stop using the service and close your account.
13. Intellectual property
Beach Dart and its licensors own the app, website, branding, and platform content, excluding vendor and customer content. We grant you a limited, personal, revocable, nontransferable license to use the service as these Terms allow. You may not copy, reverse engineer, scrape, or commercially exploit it except as permitted by law. If you submit reviews or other content, you grant us a nonexclusive license to display and use it to operate and promote the service, subject to the Privacy Policy; you retain ownership of your content and must have rights to submit it.
14. Disclaimers and limits of liability
To the extent permitted by law, the service is provided as available, without a guarantee of uninterrupted operation, exact delivery timing, or perfect location accuracy. We do not exclude warranties or remedies that law does not allow us to exclude. To the extent permitted by law, Beach Dart is not liable for indirect, incidental, special, or consequential damages arising from use of the service. Our aggregate liability for a claim relating to an order will not exceed the greater of the amount you paid for that order or $100, except where such a limit is prohibited by law or for our fraud, willful misconduct, or other liability that cannot legally be limited. This section does not limit a vendor's separate legal responsibility or your nonwaivable consumer rights.
15. Disputes and governing law
Contact us first at support@beachdart.com so we can try to resolve a problem. These Terms are governed by Florida law, without regard to conflict-of-law rules, except where the law of your residence must apply. Any court proceeding may be brought in a court with jurisdiction in Brevard County, Florida, subject to applicable consumer protection and jurisdictional rules. These Terms do not require arbitration or waive class actions.
16. General terms
If a provision is unenforceable, the remaining provisions remain effective. Our failure to enforce a provision is not a waiver. You may not transfer your account or rights under these Terms without our consent. We may transfer these Terms as part of a merger, sale, or reorganization, subject to applicable law. These Terms, together with policies expressly incorporated here and terms presented for a specific promotion or order, are the agreement concerning your use of the service; an order-specific term controls for that order if it conflicts with these Terms.
17. Contact
Beach Dart is operated by Beach Dart LLC, 910 Dixon Blvd, Cocoa, FL 32922. Customer support: support@beachdart.com.