SkipTheDishes Restaurant Services Inc. and SkipTheDishes, Corp.
SKIPTHEDISHES RESTAURANT SERVICES INC. (“SKIP CANADA”) OWNS AND OPERATES THE WEBSITE LOCATED
AT WWW.SKIPTHEDISHES.COM (“WEBSITE”) AND THE
SKIPTHEDISHES MOBILE APPLICATION (THE “APP”). THROUGH THE WEBSITE OR THE APP, USERS CAN PLACE
ORDERS FOR PRODUCTS, INCLUDING BUT NOT LIMITED TO FOOD DELIVERY, TAKE OUT AND ALCOHOL, FROM PARTICIPATING
RESTAURANTS AND STORES IN PARTICIPATING CITIES, AS IDENTIFIED FROM TIME TO TIME ON THE WEBSITE OR APP, AS
APPLICABLE (THE “SERVICE”). SKIPTHEDISHES, CORP. (“SKIP U.S.”) IS A WHOLLY
OWNED SUBSIDIARY OF SKIP CANADA AND OPERATES THE SERVICE FOR USERS WHO RECEIVE THE SERVICE IN THE UNITED STATES.
SKIP CANADA AND SKIP U.S. ARE TOGETHER REFERRED TO IN THESE TERMS OF SERVICE (THE “AGREEMENT”)
AS “SKIPTHEDISHES”, “WE”, “US”, OR “OUR”.
WHEN THE TERM “SKIP GROUP” IS USED IN THIS AGREEMENT, THIS TERM MEANS SKIP CANADA, SKIP U.S.,
AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS.
THIS AGREEMENT APPLIES TO ALL USERS OF THE WEBSITE, APP OR SERVICE. THIS AGREEMENT IS BETWEEN YOU AND SKIP CANADA
IF YOU ARE USING THE SERVICE IN CANADA OR OTHERWISE USING THE WEBSITE OR DOWNLOADING THE APP FOR USE IN CANADA.
THIS AGREEMENT IS BETWEEN YOU AND SKIP U.S. IF YOU ARE USING THE SERVICE IN THE UNITED STATES OR OTHERWISE USING
THE WEBSITE OR DOWNLOADING THE APP FOR USE IN THE UNITED STATES.
BY USING THIS WEBSITE OR THE APP, OR BY RECEIVING THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THIS AGREEMENT, THEN DO NOT USE THE APP OR THIS WEBSITE OR ANY OF THEIR CONTENT OR SERVICES,
INCLUDING THE SERVICE. THIS AGREEMENT MAY BE AMENDED OR UPDATED BY SKIPTHEDISHES FROM TIME TO TIME WITHOUT NOTICE
AND THIS AGREEMENT MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW
THIS AGREEMENT FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THIS AGREEMENT WILL SIGNIFY YOUR ASSENT
TO AND ACCEPTANCE OF THE AGREEMENT AS AMENDED. ANY NEW FEATURES THAT MAY BE ADDED TO THE WEBSITE, THE APP OR THE
SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THIS AGREEMENT AND ANY ADDITIONAL TERMS THAT MAY BE APPLICABLE,
UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THIS AGREEMENT. IF YOU ARE ACCEPTING
THIS AGREEMENT ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY
RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION
OR ENTITY TO THIS AGREEMENT.
You can use the Service from a computer or a personal mobile device if you have downloaded the App. For
avoidance of doubt, SkipTheDishes does not prepare the food or provide delivery services directly and the
SKIP Group will not be liable for the actions or omissions of any third-party independent courier contractors
or restaurants that provide services through the Service including without limitation for any issues related
to product/food quality or timely delivery.
By placing an order with us you warrant that you are legally capable of entering into binding contracts and
are at least 18 years old. In the case of ordering alcohol, you warrant that you are of legal age and are not
buying such products for anyone below the legal age.
In order to place orders through the Service (each an “Order”), you must
create an account on the Website and/or App to enter your delivery and payment information, where you will agree
that SkipTheDishes will store your delivery and other information in order to provide the Service to you.
By creating an account, you will be able to review your previous Orders and enjoy other member features of the Service.
You must be the credit card holder in order to place Orders through the Service. Personal information provided by you
Once you submit an Order and your payment has been authorized (cash, credit card, or debit card), your Order
will be transmitted to the restaurant you ordered from. Once you have submitted your Order and your payment
has been authorized, you WILL NOT be entitled to change your order and you WILL NOT be entitled to a refund
(except where prohibited by law). You are responsible to ensure that all of your restaurant order details,
billing, delivery address, and other relevant personal information is current, complete, and accurate.
Please note that any confirmation page that you may see on the Website and any Order confirmation email that
you may receive each merely indicate that your Order has been received and is being processed by us, and does
not necessarily mean that your Order has been accepted by the restaurant. We encourage all our restaurants to
accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as
soon as reasonably practicable if a restaurant rejects your Order. However, restaurants have the discretion
to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
Rejected Orders: Because of standard banking procedures, once you have submitted an Order that you are paying
for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence"
the full amount of your Order. If your Order is subsequently rejected by the restaurant or cancelled for any
other reason, your bank or card issuer will not transfer the funds for the Order to us, and will instead
release the relevant amount back into your available balance. However, this may take a period of typically
up to 5 working days (and in some cases up to 30 days, depending on your bank or card issuer).
You acknowledge and agree that neither the SKIP Group nor the relevant restaurant will be responsible or liable
to you in relation to this delay by your bank or card issuer in the release of funds back into your account.
Delivery of Orders
When you place a Pickup or Delivery Order, you may choose the time you would like your Order to be picked up or
delivered to you. This time is only an estimate and SkipTheDishes offers no guarantee that this time will be achieved.
SkipTheDishes is not responsible for any delays in receiving or having your Order ready for any reason.
If you have ordered alcohol, you must be of legal age to consume alcohol in the area in which the alcohol is delivered.
The right is reserved of vendors to require valid government-issued photo identification matching the name on the order
and proving your age to the courier, and that the recipient will not be intoxicated when receiving delivery.
If you are unable to meet these conditions to the satisfaction of the vendor then delivery of the alcohol products
will be withheld, and any refund for such withholding is solely at the discretion of the vendor.
Price and Payment
Prices will be as quoted on the Website or the App and will have applicable sales taxes and delivery charges
calculated at checkout. You will be charged at the time of placing your Order. Payment for Orders will be
transacted through our applicable third party payment processor. You consent to the collection and use of your
information (including, if applicable, personal information) by such payment processing service as necessary
to process your payments. We reserve the right to change, or to stop accepting, any permitted payment method
at any time in our sole discretion. You agree we may charge your payment card for any order placed and for
any additional amounts (including any taxes) as may be applicable in connection with your purchase.
You are responsible to ensure that all of your billing information is current, complete, and accurate.
We will provide you with an online and/or emailed billing summary statement which you may review, save,
or print at your discretion. This is the only billing statement that will be provided by us.
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials,
whether publicly posted or privately transmitted to the Website or App or through the Service by viewers or users
(“User Content”), is the sole responsibility of such viewers or users. This means that the viewer
or user, and not any member of the SKIP Group, are entirely responsible for all such material uploaded, posted,
emailed, transmitted or otherwise made available by using the Service. No member of the SKIP Group controls or
actively monitors User Content and, as such, does not guarantee the accuracy, integrity or quality of such content.
Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable.
Under no circumstances will any member of the SKIP Group be liable in any way for any materials, including, but
not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing,
or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed,
transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service
SkipTheDishes reserves the right at all times (but will have no obligation) to remove or refuse to distribute
any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve,
and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation,
legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations
hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user
support requests, or (v) protect the rights, property or safety of our users and the public.
In using the Website, App or Service you will not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically
objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or
is otherwise objectionable;
You do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any
party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of
contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
equipment or data or the Website or that of any users or viewers of the Website or that
compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is
incorrect, misleading, or deceptive, or any material that could damage or harm minors in any
impersonate any person or entity or misrepresent their affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any material
transmitted to or through the Website or impersonate another person or organization;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any
requirements, procedures, policies or regulations of networks connected to the Website or probe, scan,
or test the vulnerability of any system or network or breach or circumvent any security or
intentionally or unintentionally violate any applicable local, state, national or international law
collect or store personal information about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the
Website or App; or
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer
any part of the App or any software provided as part of the Website, except to the extent the foregoing
restrictions are expressly prohibited by applicable law.
You also agree not to access the Website or App in a manner that utilizes the resources of the Website or App
more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding
the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating
publicly available searchable indices of the materials on this Website.
License of Content to SkipTheDishes and other Users
By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a
non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and
distribute such User Content. SKIP Group will not be responsible or liable for any use of User Content in accordance
with this Agreement. You represent and warrant that you have all the rights, power and authority necessary to grant
the rights granted herein to any User Content that you submit.
End User License
Except for User Content, the App, this Website, and the information and materials contained therein, are the
property of Skip Canada and its licensors, and are protected from unauthorized copying and dissemination by
copyright law, trademark law, and other intellectual property laws. Subject to this Agreement, SkipTheDishes
grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download,
install and use one copy of the App on a mobile device that you own or control for your use (the “License”).
The App is licensed to you and not sold. Nothing in this Agreement gives you a right to use the SkipTheDishes names,
trademarks, logos, domain names, or other distinctive brand features without our prior written consent.
You will not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Any future release, update, or other addition to functionality of the Website or App will be subject to the terms of this Agreement.
Apple App Store and Google Play Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using the App from the Apple App Store or Google Play Store.
To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with,
the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section apply,
but solely with respect to the App from the Apple App Store or Google Play Store. You acknowledge and agree that:
This Agreement is concluded solely between the applicable SkipTheDishes entity and you and not with Apple or Google,
and the applicable SkipTheDishes entity not Apple or Google, is solely responsible for the App and the content thereof.
To the extent that this Agreement provides for usage rules for the App that are less restrictive or in
conflict with the Apple App Store Terms of Service or Google Play Store Terms of Service, the more
restrictive or conflicting Apple or Google term will take precedence and will apply;
Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App.
SkipTheDishes is solely responsible for any product warranties, whether express or implied by law,
to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty,
you may notify Apple or Google, and Apple or Google will refund the purchase price for the App to you (if any)
and to the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation
whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty will be SkipTheDishes’ sole responsibility;
SkipTheDishes, not Apple and Google, is responsible for addressing any claims of you or any third party
relating to the App or your possession and/or use of the App, including, but not limited to: (i) product
liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory
requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv)
intellectual property infringement claims; and
Apple and Google, and their subsidiaries, are third party beneficiaries of this Agreement, and that,
upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right)
to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a Canada or U.S.
Government embargo, or that has been designated by the Canada or U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any Canada or U.S. Government list of prohibited or restricted parties.
If you provide any member of the SKIP Group with any suggestions, comments or other feedback relating to any aspect of the Website,
App or Service ("Feedback"), any member of the SKIP Group may use such Feedback in connection with the Website,
App, Service or any other SKIP Groups products or services (collectively, "SkipTheDishes Offerings").
Accordingly, you agree that: (a) no member of the SKIP Group is subject to any confidentiality obligations in respect to the Feedback,
(b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary
rights to disclose the Feedback to SkipTheDishes, (c) any member of the SKIP Group (including all of its successors and
assigns and any successors and assigns of any of the SkipTheDishes Offerings) may freely use, reproduce, publicize, license,
distribute, and otherwise commercialize Feedback in any SkipTheDishes Offerings, and (d) You are not entitled to receive
any compensation or reimbursement of any kind in respect of the Feedback.
By posting, uploading or transmitting any Feedback, you warrant and represent that you own or otherwise have all necessary
intellectual property and moral rights in and to such Feedback including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit such Feedback.
You are prohibited from posting, uploading or transmitting any Feedback that:
breaches any applicable local, national or international law;
is unlawful or fraudulent;
amounts to unauthorised advertising; or
contains viruses or any other harmful programs.
In particular (but without limitation), any Feedback that you submit through the Website must not:
contain any defamatory, obscene or offensive material;
promote violence or discrimination;
infringe the intellectual property rights of another person;
breach any legal duty owed to a third party (such as a duty of confidence);
promote illegal activity or invade another’s privacy;
give the impression that they originate from us; or
be used to impersonate another person or to misrepresent your affiliation with another person.
We reserve the right and have the sole discretion to remove or edit at any time any Feedback posted, uploaded
or transmitted to the Website/App that we determine breaches a prohibition detailed above, is otherwise
objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.
The Feedback contained on the Website/App is for information purposes only and does not constitute advice from us.
Feedback reflects the opinions of customers who have ordered through the Website/App and any statements,
advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law,
the SKIP Group assumes no responsibility or liability to any person for any Feedback, including without limitation
any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
You acknowledge and agree that the Website and App may contain advertisements. If you elect to have any business
dealings with anyone whose products or services may be advertised on the Website or App, you acknowledge and agree that
such dealings are solely between you and such advertiser and you further acknowledge and agree that no member of the
SKIP Group will have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
Refer a Friend Program Terms
As a SkipTheDishes account holder, you are entitled to voluntarily participate in
the SkipTheDishes Refer a Friend Program. A unique alphanumeric code is assigned to your SkipTheDishes account,
referred to as your personalized referral code (“Referral Code”). To participate in this promotion,
you will need to refer friends who have never placed an order with us (“Friends”) and invite your
Friends to use our Website/App with your Referral Code.
You will earn SkipTheDishes credit (the amount of credits will be detailed in the promotion) once your Friend
(“Referred User”) has completed an eligible order on SkipTheDishes (details will be detailed in the promotion
and the terms of an eligible order may change at any time at SkipTheDishes’ sole discretion). The referral credit
will be applied automatically against your food & beverage subtotal on your next SkipTheDishes order, up to and
including the food & beverage subtotal before taxes, tip, and delivery fee. If any credit happens to remain after being
applied to the order, that credit will remain on your account. SkipTheDishes referral credits are subject to
expiration and must be used within the timeframe, if stated. The amount of referral credits earned and redeemed are
subject to change at any time at SkipTheDishes’ sole discretion.
The Referral Code may only be used for personal and non-commercial purposes. You may share your code with
your personal connections via social media, email, or word of mouth, where you are the primary content owner.
In cases where you are not the primary owner of the content or website (e.g., Wikipedia, coupon websites,
affiliate websites, discussion forums, etc.), public distribution is not allowed. Promoting or advertising your
personalized referral code via search engine marketing or any other paid advertising media (e.g., Bing/Yahoo/Adwords)
is not allowed. You are not allowed to misrepresent your relationship with any member of the SKIP Group or the
Service to any third parties, and you will not make any warranty or representation on behalf of any member of the
SKIP Group. You are not allowed to refer yourself or members of your household for the purposes of earning referral credit.
SkipTheDishes reserves the right, at its sole discretion, to deactivate your account(s) and revoke
the referral credits of any account holder it finds or believes to be earning or using referral credits
against this Agreement or manipulating or abusing the Service.
The SkipTheDishes Refer a Friend Program may be suspended, modified, or withdrawn at any time without notice.
Links & Third-Party Websites
The Website and App (including User Content) may contain links to other websites that are not owned or
controlled by SkipTheDishes. In no event will any reference to any third party, or any third party product
or service be construed as an approval or endorsement by any member of the SKIP Group of that third party,
third party product or third party service. The SKIP Group is also not responsible for the content of any linked websites.
Any third-party websites or services are subject to the terms and conditions of those websites or services and
you are responsible for determining those terms and conditions and complying with them. The presence of a link
to any other website(s) does not imply that any member of the SKIP Group endorses or accepts any responsibility
for the content or use of such websites, and you hereby release the SKIP Group from all liability and/damages
that may arise from your use of such websites or receipt of services from any such websites.
While SkipTheDishes does not prohibit linking to third party websites and content, it does not wish to be
linked to or from any third-party web site that contains, posts or transmits any content that is prohibited
under this Agreement. SkipTheDishes reserves the right to prohibit or remove (or require you to remove) any
link to the Website, including, without limitation, any link which contains or makes available any content
or information of the foregoing nature, at any time.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS
THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." THE SKIP GROUP SPECIFICALLY
DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE,
COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM
DOWNLOADING OR USING ANY SUCH MATERIAL. THE SKIP GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS
OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD
PARTY THROUGH THE WEBSITE OR APP OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND NO MEMBER OF THE SKIP GROUP WILL BE A PARTY TO ANY
TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. NO MEMBER OF THE SKIP GROUP WILL BE LIABLE FOR ANY
TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. NO MEMBER OF THE SKIP GROUP WILL BE LIABLE FOR ANY ISSUES RELATED
TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF THE SKIP GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM
(I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE
WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF
THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR
COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR APP, (V) ANY ERRORS
OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO
YOUR USE OF THE WEBSITE, APP, OR SERVICE, (VI) STATEMENT OF CONDUCT, PRODUCT, OR ABILITY OF ANY THIRD-PARTY ON
THE SERVICES, OR (VII) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY EVEN IF ANY
MEMBER OF THE SKIP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, THE LIABILITY OF EACH MEMBER OF THE SKIP GROUP TO YOU FOR ANY DAMAGES ARISING FROM
OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID SKIPTHEDISHES
IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENSION PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO INDEMNIFY AND HOLD THE SKIP GROUP HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES,
LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES), INCURRED IN CONNECTION WITH ANY MATERIALS
SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE, ANY INTERACTIONS OR TRANSACTIONS
BETWEEN YOU AND ANY THIRD-PARTY RESTAURANT OR INDEPENDENT COURIER CONTRACTORS THAT PROVIDES SERVICES THROUGH THE
OR ANY APPLICABLE LAW OR REGULATION.
The SKIP Group will not be liable or responsible for any failure to perform, or delay in performance of, any SkipTheDishes
obligations under this Agreement that is caused by events outside of the reasonable control of SkipTheDishes
("Force Majeure Event"). A Force Majeure Event includes any act, event, non-occurrence,
omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
strikes, lockouts or other industrial action;
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
impossibility of the use of public or private telecommunications networks; and
the acts, decrees, legislation, regulations or restrictions of any government.
SkipTheDishes performance under this Agreement is deemed to be suspended for the period that any Force Majeure Event continues,
and we will have an extension of time for performance for the duration of that period. We will use our reasonable
endeavours to find a solution by which our obligations under this Agreement may be performed despite the Force Majeure Event.
SkipTheDishes may, under certain circumstances and without prior notice, for any reason whatsoever,
immediately terminate your ability to access the Website, App or the Service or any portion thereof or this Agreement.
Cause for such termination will include, but not be limited to, (a) breaches or violations of this Agreement
or any other agreement that you may have with SkipTheDishes (including, without limitation, non-payment of
any fees owed by you to SkipTheDishes), (b) requests by law enforcement or other government agencies,
(c) a request by you, (d) unexpected technical, security or legal issues or problems, or (e) participation by you,
directly or indirectly, in fraudulent or illegal activities. Termination may also include removal of some or
all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by SkipTheDishes
in its sole discretion and that the SKIP Group will not be liable to you or any third-party for any termination of
your access or for the removal of any of the materials uploaded by you to the Website. Any termination of this
Agreement by SkipTheDishes will be in addition to any and all other rights and remedies that SkipTheDishes may have.
Availability & Updates
SkipTheDishes may alter, suspend, or discontinue the Website, App and/or Service at any
time and for any reason or no reason, without notice. The Website, App and/or Service may be unavailable from
time to time due to maintenance or malfunction of computer or network equipment or other reasons. SkipTheDishes
may periodically add or update the information and materials on this Website without notice.
While we try to ensure the Website and App is normally available twenty four (24) hours a day, we do not undertake
any obligation to do so, and the SKIP Group will not be liable to you if the Website is unavailable at any time or for any period.
Information sent or received over the Internet is generally unsecure and SkipTheDishes cannot and does not make
any representation or warranty concerning security of any communication to or from the Website or any representation
or warranty regarding the interception by third parties of personal or other information. You are responsible
for safeguarding the password that you use to access the Service and you are responsible for any activities
or actions under your password. You agree to keep your password secure. No member of the SKIP Group will be
liable for any loss or damage arising from your failure to comply with these requirements.
Website, the App, the Service and all related activities. If any part of this Agreement is held to be unlawful, void,
or unenforceable, that part will be deemed severed and will not affect the validity and enforceability of the remaining provisions.
The failure of SkipTheDishes to exercise or enforce any right or provision under this Agreement will not constitute a waiver
of such right or provision. Any waiver of any right or provision by SkipTheDishes must be in writing and will only apply to
the specific instance identified in such writing. You may not assign this Agreement or any rights or licenses granted hereunder,
whether voluntarily, by operation of law, or otherwise without SkipTheDishes’ prior written consent. We may assign this
Agreement without restriction. This Agreement will be governed by the laws of the Province of Manitoba without regard to choice of law principles.
If you have any questions about this Agreement or if you wish to make any complaint or claim with respect to the Website,
App or Service, please contact us at: info@SkipTheDishes.com.
The following general terms and conditions (the "General Voucher Terms") will apply to all vouchers
issued by SkipTheDishes from time to time for use on the Website/App, including vouchers with a credit
Vouchers may only be redeemed towards online Orders from restaurants made through the Website.
Vouchers must be applied to a registered SkipTheDishes online customer account by no later than the
deadline specified on the Voucher, and will expire if not applied by this date. If the Voucher is
applied before the expiry date, the customer account will be credited by the relevant amount.
The right to use a Voucher is personal to the original recipient and may not be transferred. No Voucher
may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means
for use by an entity other than the original recipient, or stored in a data retrieval system, without
our prior written permission. In particular, Vouchers distributed or circulated without our written
approval, for example on an Internet message board or on a "bargains" website, are not valid for use
and may be refused or cancelled.
Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided
or advertised from time to time.
Vouchers may not be exchanged for cash.
The SKIP Group will not be liable to any customer or household for any loss or claim arising out of the refusal,
rejection, cancellation or withdrawal of any Voucher or any failure or inability of a customer or household to use a Voucher for any reason.
We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions
in relation to the use of Vouchers or to vary or terminate the operation of a Voucher at any time without notice.
When a review is published it will be identified by the given name you entered when creating your account;
no other potentially identifying personal information will be attributed to that post.
By providing a review you acknowledge and consent to us using your given name in association with the review.
All reviews that we receive are moderated before we publish them. We do this to make sure that reviews don't contain bad language,
personal details people have entered by accident, or irrelevant comments.