Terms of Service
SKIP PLATFORM TERMS OF SERVICE
You should read these Terms of Service in their entirety, however, this index is provided for ease of reference to enable you to navigate to specific sections of the Terms.
- GENERAL TERMS
- Skip Parties
- Users and Applicable Legal Terms
- Skip Accounts
- Licensed Access to the Skip Platform and Permitted Use
- No Unlawful or Prohibited Use
- Intellectual Property Terms
- Advertising and Third-Party Websites
- Platform Updates and Availability
- No Implied Warranties; Limitations of Liability
- Governing Law and Dispute Resolution
- ORDERING TERMS
- Access, Skip Services and Products
- Skip Customer Account
- Placing Orders
- Customer Care, Goods Contract, Third Party Couriers and Refunds
- Payment Processing Services
- Price and Payment
- Pickup or Delivery
- PROMOTIONAL VOUCHERS, REFER-A-FRIEND PROGRAM, GIFT CARDS AND SKIP CREDITS AND CONTESTS
- Promotional Vouchers
- Refer-A-Friend Program
- Gift Card Terms and Skip Credits
I. GENERAL TERMS
- If you are accessing or using the Skip Platform outside of the United States, these Terms of Service form an agreement between you and SkipTheDishes Restaurant Services Inc (“Skip Canada”), a company incorporated under the laws of Canada. For non-U.S. Users, use of the terms “Skip”, “us”, “we” or “our” means Skip Canada.
- If you are accessing or using the Skip Platform within the United States, these Terms of Service form an agreement between you and SkipTheDishes, Corp. (“Skip Us”), which is a wholly owned subsidiary of Skip Canada. For U.S. Users, use of the terms “Skip”, “us”, “we” refers to Skip U.S.
- Skip Canada, Skip U.S., and their affiliates, officers, directors and employees, are referred to in these Terms of Service as the “Skip Group”. For the avoidance of doubt, the Skip Group does not include any third parties such as Vendors and Couriers (as such terms are defined in Section 2 of Part I offering goods or services through the Skip Platform.
Users and Applicable Legal Terms
- Definition of Users. The Skip Platform facilitates the ordering by consumers/end users of the Skip Platform ("Customers") of food, drinks and other products (collectively "Goods") offered by restaurants and store owners through the platform ("Vendors") and the delivery of such Goods through independently contracted couriers who are users of the Skip Platform (the "Couriers"). Collectively, Customers, Vendors and Couriers constitute "Users" of the Skip Platform and these Terms of Service apply to all Users.
- Additional Terms for Customers. Specific terms on ordering are set out in Part II of these Terms of Service. Vendors may have additional privacy policies or statements which govern their practices in collecting, storing, using and disclosing your Personal Information when you order from them. Please read those additional privacy policies or statements carefully. You hereby represent and warrant to Skip that you have familiarized yourself and agree with those privacy policies or statements imposed by any Vendor with whom you elect to deal through the Skip Platform.
- Additional Terms for All Users. Voucher Terms and Contest Rules are addressed in Part III of this Terms of Service.
- Skip Platform User Code. Skip may from time to time implement additional guidelines and codes of conduct for use of the Skip Platform and Customer Services. Any such terms will be notified to Users and will be incorporated by reference into the next version of these Terms of Service.
Additional Terms and Conditions for Skip Platform App Users.
To the extent the
other terms and conditions of these Terms of Service 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 use
of Google Maps services and content, or to the Skip Platform App if downloaded from
the Apple App Store or the Google Play Store.
The following additional terms and conditions apply to you if you are using a Skip Platform App. You acknowledge and agree that:
These Terms of Service are entered into between you and Skip. Neither Apple, Inc. ("Apple") nor Google, Inc. ("Google") (collectively, the "download service providers") are parties to this Terms of Service agreement nor will they have obligations with respect to the Skip Platform App. The applicable Skip party not Apple or Google, is solely responsible for the Skip Platform App, including any maintenance and support, and the content thereof as set forth hereunder. However, the download service providers, along with their respective subsidiaries, are third-party beneficiaries of these Terms of Service. Upon your acceptance of these Terms of Service, the download service provider used to obtain the Skip Platform App will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary. If Skip fails to conform to any applicable warranty, you may notify the download service provider used to obtain the Skip Platform App and they will refund the purchase price (if any) of the Skip Platform App in accordance with their policies, and, to the maximum extent permitted by applicable law, the download service provider used to obtain the Skip Platform App will have no other warranty obligation whatsoever with respect to the application and, as between the download service provider used to obtain the Skip Platform App and Skip, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty is Skip’s responsibility. You and us both acknowledge that Skip, not the download service provider used to obtain the Skip Platform App, is responsible for addressing any end-user or third-party claims related to the Skip Platform App, including, but not limited to: (a) product liability claims, (b) any claim that the Skip Platform App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar law. Further, you and us both acknowledge that, in the event of any third-party claim that the Skip Platform App or your possession or use of the Skip Platform App infringes on that third party’s intellectual property rights, as between Skip and the download service provider used to obtain the Skip Platform App, the Skip Platform App will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties.
- Accurate Information. You represent and warrant that all information supplied by you on the Skip Platform (including information provided by you to create an account for use of the Skip Platform (a "Skip Account")) or in connection with your use of the Skip Services is true, accurate, current and complete.
- Security of Skip Accounts. Any Skip Account must be kept secure and you agree that you will not share or disclose your Skip Account credentials with anyone. No members of the Skip Group will be liable for any loss or damage arising from your failure to safeguarding your Skip Account, use a strong password or limit its use to your Skip Account. You may browse some of the Skip Platform without creating a Skip Account.
- Discretionary Access to Skip Accounts. Skip reserves the right to deny your request for a Skip Account (including usernames) and to disable or terminate access to any Skip Account (including usernames) issued to you at any time in Skip’s sole discretion. If Skip disables access to a Skip Account issued to you, you will be prevented from accessing the Skip Platform or the Skip Services, your Skip Account details, Orders or other information that is associated with your Skip Account.
- Suspension, Term, Termination and Deletion of Skip Accounts. We may suspend or terminate your ability to access the Skip Platform, or cease providing you with all or part of the Skip Services at any time for any or no reason, including, if we believe: (i) you may have violated these Terms of Service, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Skip Services to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Skip Platform or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by Skip in its sole discretion and that no members of the Skip Group will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Skip Platform. Any suspension or termination of this Agreement by Skip will be in addition to any and all other rights and remedies that Skip may have.
- Account Deletion and Termination. You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your Skip Account be deleted, ceasing use of the Skip Platform, the Skip Services and uninstalling and removing all local software components thereof, if any. If you request deletion of your Skip Customer Account, we may disable your Skip Customer Account but keep the disabled Skip Customer Account for fraud prevention or other lawful purposes. If we have received all outstanding payment from you, you may request termination these Terms of Service at any time by requesting by email (or any then-available interface on the Skip Platform) that your Skip Account be deleted. We may terminate these Terms of Service at any time by giving notice to you, at our discretion, by email at your current email address on file with us or through the Skip Platform.
Licensed Access to The Skip Platform and Permitted Use
- Subject to your compliance with these Terms of Service, Skip hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Skip Platform in accordance with these Terms of Service in the following manner depending on the type of User that you are:
- for Customers, you may use the Skip Platform to view menus provided by Vendors, create an account, place orders and pay for Goods (including the delivery of Goods) (each an "Order"). You may also use feedback features of the Skip Platform to rate, post comments, rating and reviews on Goods, Vendors and Couriers (as applicable);
- for Vendors, you may create an account and use the Skip Platform to manage the offer and fulfilment of Orders; and
- for Couriers, you may create an account and use the Skip Platform to manage and fulfill requests for deliveries of Orders, (i)-(iii) constitute the "Permitted Use" as applicable for a specific type of User.
- Reservation of Rights. Skip retains the right, at its sole discretion, to deny access to anyone to the Skip Platform or the Skip Services, at any time and for any reason (or no reason at all), including, but not limited to, for violation of these Terms of Service or use other than the Permitted Use. You will cease and desist from any such access or use of the Skip Platform or Skip Services immediately upon request by Skip.
- Geographic Application of the Skip Platform. The Skip Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the Skip Platform constitutes an offer or solicitation to buy or sell any product or service to anyone in any jurisdiction in which such an offer or solicitation may be prohibited by law.
- Changes to the Skip Platform. Skip reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, features, availability of Goods, menus, Vendors, posting and rating/reviews of Vendors) contained on or provided through the Skip Platform (the "Content") at any time, and from time to time, without notice. For greater certainty, the Content include the User Content (as defined below).
No Unlawful or Prohibited Use
You may not, without Skip's prior written permission, use the Skip Platform, the Skip Services
any Content (including other User’s User Content) for purposes other than the applicable
Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit
anyone else to, or attempt to use the Skip Platform and/or the Content to:
- "frame", "mirror" or otherwise incorporate the Skip Platform, the Skip Services or the Content or any part thereof on any commercial or non-commercial website;
- access, monitor or copy any part of the Skip Platform, the Skip Services or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without Skip’s express written permission;
- violate any laws;
- violate the restrictions in any robot exclusion headers on the Content or the Skip Platform or bypass or circumvent other measures employed to prevent or limit access to the Skip Services or the Skip Platform;
- remove (or permit anyone else to remove) any watermarks, labels or other legal or proprietary notices included in the Skip Platform or the Content;
- modify or attempt to modify (or permit anyone else to modify or attempt to modify) the Skip Platform, or any Vendor menu, including any modification for the purpose of disguising or changing any indications of the ownership or source of the Skip Platform;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Skip Platform or impersonate another person or organization or misrepresent their affiliation with a person or entity;
- attempt to, assist, authorise or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Skip Platform or the Skip Services;
- copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Skip Platform or the Content;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Skip Platform;
- create derivative works based on the Skip Platform, the Skip Services or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Skip Platform, the Skip Services or the Content;
- use of access the Skip Platform in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party; or
- upload to or transmit through the Skip Platform any information, images, text, data, media or other content that is offensive, harmful, tortuous, hateful, obscene, defamatory or violates any laws or is otherwise objectionable, in each case as determined by Skip in its sole discretion.
Intellectual Property Terms
- Content and Intellectual Property
- Skip Content and Intellectual Property Rights. The Skip Platform and all content contained therein (excluding User Content as defined in Section 6(b) below), is owned or licensed by Skip and protected by copyright, trade-mark and other intellectual property laws ("Skip Content"). Skip expressly reserves all rights in the Skip Platform and all materials provided by Skip in connection with these Terms of Service that are not specifically granted to you. You acknowledge that all right, title and interest in the Skip Platform, all materials provided by Skip in connection with these Terms of Service (including the Skip Content), and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with Skip (or third party suppliers or licensors, if applicable), and that the Skip Platform and all materials provided by Skip hereunder are licensed and not "sold" to you.
- User Content License to Skip. By submitting, posting or displaying User Content on or through the Skip Platform or otherwise to Skip, you grant Skip Group, a worldwide, non- exclusive, royalty-free, perpetual, transferable, and fully sublicensable right to use, refrain from using, remove, reproduce, modify, edit, copy, adapt, publish, translate, create derivative works from, distribute, transmit, perform display and otherwise use User Content, in whole or in part. You further grant Skip the right (although Skip does not have the obligation) to pursue at law any person or entity that violates your or Skip’s rights in the User Content by a breach of these Terms of Service. 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. For the avoidance of doubt, Skip has no obligation to post or display any User Content on the Skip Platform.
- Use of Skip Content and User Content by other Users. You may only use Skip Content and other Users Content (eg. menus provided by Vendors) for the applicable Permitted Use. If you print extracts from the Skip Platform for your own personal, non- commercial use, you must not modify the digital or papers of such materials or use any graphics, pictures, photographs or videos separately from any accompanying text.
- Terms on Submissions/Feedback and Other User Content
- Creating Submissions and Other User Content. Through the capabilities of the Skip Platform you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content. In creating and posting any Submissions (or other User Content) you represent and warrant that you will not post or transmit to or from the Skip Platform any material or content which does or may:
- Breach any applicable local, national or international law;
- Be unlawful or fraudulent;
- Amount to unauthorised advertising;
- 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. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of Submissions or other User Content to the Skip Platform.
- Status of Submissions on the Skip Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Skip Platform that we determine breaches the restrictions in Section 6(d)(i) above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Skip Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within the Skip Group. User Content may reflect the opinions of Customers who have ordered through the Skip Platform and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of the Skip Group assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
- Public Display of Submissions. You acknowledge that Skip may choose to provide attribution of your Submissions (for example, listing a date, User’s name and city on a User’s rating/review that you submit) at Skip’s discretion, and that such User Content may be visible to other Users and visitors to the Skip Platform. By providing a rating/review you acknowledge and consent to us using your given name in association with the rating/review. All ratings/reviews that we receive may be moderated before we publish them. We may do this to make sure that ratings/reviews fit our content guidelines.
Advertising and Third Party Websites
- If you elect to have any business dealings with anyone whose products or services may be advertised on the Skip Platform, 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.
- The Skip Platform may provide links to third party websites and such links are provided solely for your convenience. Third party websites: Links to third party websites on the Skip Platform are provided solely for your convenience. If you use these links, you leave the Skip Platform. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third-party websites linked to the Skip Platform, you do so entirely at your own risk.
- Skip reserves the right to prohibit or remove (or require you to remove) any link to the Skip Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
Availability and Updates
- Skip may alter, suspend, or discontinue the Skip Platform or Service at any time and for any reason or no reason, without notice. The Skip Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Skip may periodically add or update the information and materials on this the Skip Platform without notice.
- While we try to ensure the Skip Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the Skip Group will be liable to you if the Skip Platform is unavailable at any time or for any period.
- Skip may upgrade or alter the Skip Platform at any time. Skip may remotely access the Skip Platform (including for greater certainty any Skip Platform App) at any time for any lawful reason, in particular to update the software or to perform software maintenance.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR
REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF SERVICE (INCLUDING THE
FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY
AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Content: While we try to ensure that information on the Skip Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the Skip Platform including to Goods and prices described on it, at any time without notice. The material on the Skip Platform may be out of date, and we make no commitment to update that material.
- Allergy, dietary and other menu information: We try to accurately copy the item names, descriptions, prices, special offer information, heat and allergenic warnings and other information ("Menu Information") from the menus that are provided to us by Vendors. However, it is the Vendors that are responsible for providing this Menu Information and ensuring that it is factually accurate and up-to-date, and we do not undertake any such responsibility. If you are in doubt about allergy warnings, contents of a dish or any other Menu Information, you should confirm with the Vendor directly before ordering.
- Vendor actions and omissions: The legal contract for the supply and purchase of Goods is between the Customer and the Vendor that you place your Order with. We have no control over the actions or omissions of any Vendor or Courier. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the Skip Platform:
- We do not give any undertaking that the Goods ordered from any Vendor through the Skip Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
- Estimated times for deliveries and pick-ups are provided by the Vendors and are only estimates. Neither we nor the Vendors or Couriers guarantee that Orders will be delivered or will be available for pick-up within the estimated times.
- We encourage all Vendors accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Vendor rejects your Order. However, we do not guarantee that Vendors will accept all Orders, and Vendors have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason. The foregoing disclaimers do not affect Customer’s statutory rights against any Vendor or Courier.
- Service Disclaimers
- Viruses. The downloading and viewing of the Skip Platform or the Content is done at your own risk. Skip cannot and does not guarantee or warrant that the Skip Platform or the Content are compatible with your computer system or that the Skip Platform or the Content, or any links from the Skip Platform or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system that may be necessary as a result of your use of the Skip Platform.
- Communications Not Confidential. Skip does not guarantee the confidentiality of any communications made by you through the Skip Platform. Although Skip generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Skip Platform, you understand, agree and acknowledge that Skip cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Skip Platform.
NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.
- NO IMPLIED WARRANTIES. THE SKIP SERVICES, THE SKIP PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SKIP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SKIP SERVICES, SKIP PLATFORM AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SKIP SERVICES, THE SKIP PLATFORM OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL SKIP OR ANY MEMBER OF THE SKIP GROUP BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT SKIP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SKIP SERVICES, THE SKIP PLATFORM OR THE CONTENT.
- NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE SKIP PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF SKIP. SKIP IS THEREFORE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONTRACTUAL BREACHES OR NEGLIGENCE OF ANY VENDORS OR COURIERS OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM AND TAKES NO RESPONSIBILITY WHATSOEVER FOR THE PRODUCTS OR SERVICES OFFERED BY VENDORS OR COURIERS.
- LIMITATION OF LIABILITY. TO THE EXTENT THAT THE FOREGOING LIMITATIONS DO NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF THE SKIP GROUP IN CONNECTION WITH OR UNDER THESE TERMS OF SERVICE, INCLUDING IN CONNECTION WITH YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SKIP SERVICES, THE SKIP PLATFORM OR THE CONTENT EXCEED: (I) THE FEES PAID BY YOU IN THE PRECEDING 4 MONTHS; OR (II) CDN $100.00 (ONE HUNDRED CANADIAN DOLLARS), WHICHEVER IS LOWER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF SERVICE WILL NOT INCREASE THE MAXIMUM LIABILITY AMOUNT.
- Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Skip Platform, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use. THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH SKIP WOULD NOT MAKE THE SKIP PLATFORM AND/OR SKIP SERVICES AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold harmless Skip Group, its licensors and their directors,
officers, agents, contractors, partners, representatives and employees from and against any
threated or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties
or other costs or expenses of any kind or nature including but not limited to reasonable legal fees,
incurred in connection with or as a result of:
- your breach of these Terms of Service or any documents referenced herein;
- your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
- your breach of or failure to perform in respect of any Orders made by you or by any third party acting on your behalf or with your permission; or Skip reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by Skip.
Governing Law and Dispute Resolution
- Governing Law. These Terms of Service will be governed by the laws of the Province of Ontario, unless you access the Skip Platform or receive the Skip Services in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Skip Services, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the, the Skip Platform, the Skip Services or the Content, notwithstanding your domicile, residency or physical location. The Skip Platform, the Skip Services and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
- Dispute Resolution Process.
- Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) Skip or any members of the Skip Group, including any dispute or controversy arising out of or relating to these Terms of Service, the Skip Platform or Skip Services, any interactions or transactions between (1) you and (2) Skip or any members of the Skip Group, or in respect of any legal relationship associated with or derived from these Terms of Service, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
- Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Arbitration Rules of the ADR Institute of Canada, Inc. The seat of the arbitration will be Ontario or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Skip will pay the reasonable arbitration costs.
- Except to the extent restricted by applicable law, you and us agree that you and us will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against any members of the Skip Group.
- Nothing in this Section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
- Interpretation. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to this Agreement. The section headings in this Agreement are for reference and convenience only and shall not be considered in the interpretation of these Terms of Service.
- Notices. Skip may, in its sole discretion, provide any notices to you in connection with these Terms of Service through the Skip Platform or by email at the then-current email address for you on file with Skip. Skip may be contacted in writing at: SkipTheDishes Restaurant Services Inc.
- No Waiver. Skip's failure to insist upon or enforce strict performance of any provision of these Terms of Service will not be construed as a waiver of any provisions or right.
- Force Majeure. Skip will not be liable to you for any failure of or delay in the performance of its obligations under these Terms of Service for the period that such failure or delay is due to causes beyond Skip's reasonable control, including but not limited to acts of God, power outages, internet disconnectivity, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
- Severability. If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
- Order of Precedence. If any of the provisions contained in these Terms of Service conflict with the terms of another agreement between you and us, then these Terms of Service will prevail; provided that, if you are also a Vendor registered on the Skip Platform, the terms applicable to the Vendor agreement will govern your relationship with Skip in connection with your use of the Skip Platform as a Vendor offering its services.
- Language. These Terms of Services are made available in English and in French for French speaking Users. In the event of a conflict between this English language version of the Terms of the Skip Services and the French language version of the Terms of Service, this English language version shall prevail except for users in Quebec for whom the French language version will prevail. En cas d’incompatibilité entre la présente version anglaise des conditions du site et sa version française, cette version anglaise prévaudra.
- Assignment. You may not transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may transfer any of our rights or obligations under these Terms of Service without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
800 - 136 Market Avenue
Skip may change its notice contact information from time to time by posting updated contact details on the Skip Platform.
II. ORDERING TERMS
Access, Skip Services and Products
Through the Skip Platform you may place orders for Goods from Vendors, you may receive
delivery of the Goods and Skip may provide customer care support between you, Couriers and
Vendors (these services and associated services such as order management, payment processing
for Orders and provision of access to the Skip Platform provided by Skip from time to time
the "Skip Services"). For avoidance of doubt, Skip does not
prepare or fulfil any orders for
Goods or provide delivery services directly and no members of the Skip Group will be liable
any transactions between Customers, Couriers or Vendors. Skip may provide products or
services to Couriers or Vendors through a separate agreement executed with such parties.
and other Vendor-related information on the Skip Platform is content provided by the Vendor
Skip Customer Account
To use the Skip Platform and most features of the Skip Services, you are required to
create a user account (the "Skip Customer Account") using the
available interfaces at the Skip
- Once you have created your Skip Customer Account you may select Goods from a Vendor’s menu, choose your desired quantities, and then add them to your cart. Your cart may be edited at any time prior to placing an Order. Once you have made your selection, you may proceed to place your Order. At this time you will have the opportunity to review your cart items. After you review and confirm that the items in your cart are correct, you may proceed to place your Order, provide your payment card information or select the cash payment option, if available, and an Order will be created and sent to the Vendor. You are responsible to ensure that all of your Order details, including billing, delivery address and other information is current, complete and accurate. Your payment card will be charged when you place your Order if the Order is a Card Order (as defined in section 6(b)). Once you have placed your Order, you will not be entitled to change or cancel your Order and you will not be entitled to a refund (except where required by law). Notwithstanding that you are not entitled as of right to change or cancel your Order or be entitled to a refund (except where prohibited by law), if you wish to amend or cancel your Order for a total or partial refund of your Order’s price, you must get in touch with Skip via chat, email or the Skip support phone line at the contact information provided on the Skip Platform.
- We encourage Vendors to confirm all Orders and to communicate any inability or unwillingness to confirm promptly, and we will notify you as soon as reasonably practicable if the Vendor does not confirm your Order. Vendor's may have the discretion to not confirm Orders. For Card Orders (as defined in section 6(b) below), Skip will provide you with a refund of the price of your Order after communicating to you the non- confirmation or cancellation of your Order by the Vendor.
- Because of standard banking procedures, once you have placed a Card Order and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. If your Order is not confirmed by the Vendor 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 no members of the Skip Group nor the relevant Vendor 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.
- You agree that Skip or the Vendor will have no liability to you for Orders that are not confirmed, are cancelled or that the Vendor has been unable or unwilling to fulfill.
Customer Care, Goods Contract, Third Party Couriers and Refunds
- Skip may offer customer care in respect of issues relating to the Vendors and the Couriers. If you have any problems, questions or suggestions with respect to the Skip Platform or your Order, please contact Skip’s customer care team (and not the Vendor or Courier) via chat (preferable), email or phone at the contact information provided on the Skip Platform.
- The legal contract for the purchase of Goods will in all cases be between the Customer and the Vendor. You irrevocably appoint and authorize us to act as your sole and exclusive agent for the purpose of concluding contracts for the sale of Goods between you and the Vendor by means of you placing Orders via the Skip Platform. We may act as agent for the Customer and the Vendor for the legal contract for the purchase and sale of the Goods. YOU ACKNOWLEDGE AND AGREE THAT NO MEMBER OF THE SKIP GROUP HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY VENDORS AND COURIERS AND THAT NO MEMBERS OF THE SKIP GROUP WILL HAVE LIABILITY TO YOU FOR ANY PROBLEMS CAUSED BY THE VENDOR CONCERNING YOUR ORDERS, INCLUDING, WITHOUT LIMITATION, MISSED OR LATE DELIVERIES, MISSED GOODS ITEMS, AND ANY PROBLEMS WITH RESPECT TO THE QUALITY OF THE GOODS DELIVERED INCLUDING IF GOODS CAUSE ILLNESS, ALLERGIC REACTIONS OR HAVE INCORRECT NUTRITIONAL VALUES.
- For Delivery Orders that the Vendor arranges or for which third party couriers provide delivery services, we are not liable for any service or product provided by such couriers
- Skip may provide, in its discretion, the refund or compensation by payment to your payment credit or debit card or providing the Customer with Skip Credits (as defined below).
Payment Processing Services
Payment processing services for the Skip Platform are provided by payment services providers as
Skip may choose from time to time (collectively referred to as the "Payment Processing
Services Provider"). You hereby authorize Skip to share with the Payment Processing
Provider that financial information, banking details and transaction information related to your
use of the payment processing services and the Skip Platform. You also agree that the Skip Group
is not responsible for the use or misuse of such financial information, banking details and
transaction information by the Payment Processing Services Provider or any third party.
Price and Payment
- Goods prices listed on the Skip Platform from Vendor in Canada are in Canadian dollars, Good prices listed on the Skip Platform from a Vendor in the United States are in United States dollars. Good prices may not include applicable tax and delivery charges. Taxes and delivery charges may be added at checkout and will be payable by you along with the Order price.
- Payment for Orders must be made with an accepted credit or debit card through the Skip Platform ("Card Orders") or in certain circumstances may be made by cash directly to the Vendor or courier ("Cash Orders"). If you choose a Cash Order, you must pay the Vendor or courier, as applicable and are liable for failure to do so.
- For Card Orders, you will be charged at the time of placing your Order. The Skip Platform uses the third party payment processors to effect charges onto your debit or credit card. 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 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.
- Skip or the Vendor is under no obligation to fulfill your Order at the incorrect price. Prices at the Vendor’s Goods in the Vendor’s physical location and at the Skip Platform may be different. Any such differences will not entitle you to a refund or a reduction in price of your Order.
- Goods’ prices, delivery charges and any other fees are subject to change at any time at Skip’s or the Vendor’s discretion.
Pickup or Delivery
You may have the ability to choose if you would like your Order to be picked up by you at the
premise of the Vendor ("Pickup Order") or delivered to you by a third party courier or courier of
the Vendor ("Delivery Order"). You may be provided a time for when the Pickup Order will be ready
for pickup or when the Delivery Order will be delivered. These times are only an estimate and Skip
and the Vendor offer no guarantee that these times will be achieved. Skip is not responsible for any
delays in receiving or having your Order ready for any reason. For a Pickup Order, you will arrive
at the time provided and Skip and the Vendor are under no obligation to remake or refund the Goods
if you do not arrive when indicated.
If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol
area in which the alcohol is delivered and are not ordering alcohol for any person below the
age in the applicable jurisdiction. You acknowledge and agree that Vendors or Couriers may
require valid government-issued photo identification(s) matching the name on the order and
proving your age to the Vendor or Courier, and that the recipient is not intoxicated when
receiving delivery. If you are unable to meet these conditions to the satisfaction of the
the courier then alcohol products may be withheld, and any refund for such withholding is at
discretion of the Vendor, Skip or Courier. If the you order alcohol and the alcohol is to be
delivered, the delivery address must be a residential or private addresses. For greater
alcohol orders may be subject to time and location restrictions.
III. PROMOTIONAL VOUCHERS, REFER-A-FRIEND PROGRAM, GIFT CARDS AND SKIP CREDITS AND CONTESTS
- Promotional Vouchers The following terms and conditions will apply to all vouchers issued for free from time to time for promotional, advertising, or marketing purposes for use on Orders on the Skip Platform ("Promotional Vouchers"):
- Promotional Vouchers may only be redeemed towards Orders on the Skip Platform and cannot be used for Goods that include alcohol and may not applied to taxes or other items/fees/charges as determined from time to time by us. Promotional Vouchers may have a specific dollar amount, may provide a percentage-based discount, or may have other effects (such as making a charitable donation). The particular terms of a Promotional Voucher (for example, the amount of any dollar or percentage discount, number of times the Promotional Voucher can be used, expiry date, area Promotional Voucher can be use, whether applicable for Pickup Orders or Delivery Orders) any other rules that may apply are described in the information accompanying or in conjunction with the Promotional Voucher (for example, the social media post or advertisement where the Promotional Voucher was posted).
- Promotional Vouchers must be used in conjunction with a Skip Customer Account. Promotional Vouchers must be applied to an online Order by no later than the deadline specified on the Promotional Voucher and will expire if not applied by this time. If the Promotional Voucher provides for a discount on an Order, an amount determined by the rules of the Promotional Voucher will be credited to the Order to which the Promotional Voucher is applied.
- The right to use a Promotional Voucher is personal to the original recipient and may not be transferred. No Promotional 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. For greater certainty, Promotional 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 canceled.
- Promotional Vouchers may not be used in conjunction with other vouchers or any other discounts or promotions provided or advertised from time to time unless otherwise stated.
- Promotional Vouchers may not be exchanged, redeemed, or refunded for cash, and may not be transferred or assigned.
- No members of the Skip Group will not be liable to you, any customer or household for any loss or claim arising out of the refusal, rejection, cancellation or withdrawal of any Promotional Voucher or any failure or inability of a customer or household to use a Promotional Voucher for any reason.
- For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Promotional Vouchers or to vary or terminate the operation of a Promotional Voucher at any time without notice.
- Refer-A-Friend Program
- If you are a Skip Customer Account holder, you may be entitled to voluntarily participate in the Skip refer a friend program (the "Referral Program"). A unique alphanumeric code is assigned to your Skip Customer Account, referred to as your personalized referral code ("Referral Code"). To participate in the Referral Program, you will need to refer friends who have never placed an order with us ("Friends") and invite your Friends to use the Skip Platform with your Referral Code.
- You will earn Skip credit ("Referral Skip Credit") in the amount we determined from time to time once your Friend ("Referred User") has completed an eligible order on the Skip Platform ("Eligible Order"). Criteria for Eligible Orders is determined in our sole discretion from time to time. Referral Credit will be applied automatically against your item subtotal on your next Card Order, up to and including the item 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. Referral Credits are subject to expiration and must be used within the timeframe, if stated or otherwise determined by us from time to time. The amount of Referral Credits earned and redeemed are subject to change at any time at Skip’s 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 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 members of the Skip Group or with the Skip Services to any third parties, and you will not make any warranty or representation on behalf of any members of the Skip Group. You are not allowed to refer yourself or members of your household for the purposes of earning Referral Credit.
- Skip reserves the right, at its sole discretion, to deactivate your account(s) and revoke the Referral Credits of any account holder who it finds or believes to be earning or using Referral Credits against these Terms of Service, or who is manipulating or abusing the Skip Services or the Skip Platform.
- For greater certainty, we reserve the right, at any time and in our sole discretion, to add to or amend these Terms of Service in relation to the use of Referral Program or to vary or terminate the operation of a Referral Skip Credit issued pursuant to the Referral Program at any time without notice.
- Gift Card Terms and Skip Credits
- Skip may grant you credit toward eligible purchases as set out in these terms ("Eligible Purchases") in the form of Skip gift cards ("Gift Cards") or Skip credit ("Skip Credit"). When you purchase a Gift Card, you are purchasing credit toward Eligible Purchases in a particular dollar amount and currency that is stored in an electronic form and linked to a unique gift card claim code ("Claim Code"). To use a Gift Card, you must have a Skip Customer Account, log in to your Skip Customer Account, and apply the Gift Card to your Skip Customer Account by entering the Claim Code on the Skip Platform. Skip Credit is credit toward Eligible Purchases in a particular dollar amount that is associated with a unique Skip Customer Account. The value of Skip Credit including credit from Gift Cards applied to your Skip Customer Account is referred to as your "Skip Credit Balance". When you apply a Gift Card to your Skip Customer Account, your Skip Credit Balance will be credited by the dollar value of the Gift Card, and the value associated with the Claim Code will be reduced to zero. From time to time, Skip may also issue Skip Credit to you for other purposes (for example, to refund a purchase that you have made). Your Skip Credit Balance includes the total remaining balance of all Skip Credit that has been applied to your Skip Customer Account by way of Gift Card or otherwise, but not yet applied to a purchase. To check your Skip Credit Balance, log in to your Skip Customer Account. To check the balance of a Gift Card before it has been applied to a Skip Customer Account, simply review the email or other document in which you received the Gift Card, where the face value will be printed.
- The Eligible Purchases that you may purchase using Gift Cards and Skip Credit consist of Goods, including all fees and costs on the Order for those Goods which you are permitted to purchase in accordance with these Terms of Service. Skip reserves the right to restrict the use of Gift Cards and Skip Credit to comply with applicable law. Gift Cards and Skip Credit cannot be used to purchase anything other than Eligible Purchases and must be used in the currency in which they were paid or credited for.
- When you make a purchase from your Skip Customer Account using Skip Credit (including Skip Credit from a Gift Card), the value of the Skip Credit that you use for that purchase will be deducted from your Skip Credit Balance. As long as you are only purchasing Eligible Purchases, you may use Skip Credit to pay for all fees and costs on your Order, including but not limited to the cost of Goods, delivery charges, tips, and taxes. Any unused Skip Credit Balance will remain associated with your Skip Customer Account. If the cost of an Order exceeds your Skip Credit Balance, the remaining amount must be paid with another payment method.
- Gift Cards and Skip Credit do not expire. There are no fees associated with purchasing, using, or redeeming Gift Cards or Skip Credit.
- Gift Cards and Skip Credit cannot be resold (except with the express written permission of Skip), used for payment outside the Eligible Purchases, transferred for value, returned for a cash refund, or redeemed for cash, except to the extent required by applicable law. Gift Cards cannot be reloaded. No portion of your Skip Credit Balance may be transferred to another Skip Customer Account or otherwise assigned or transferred to another person. Skip Credit cannot be used in conjunction with Cash Orders.
- The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient. Skip is not responsible if any Gift Card is lost, stolen or destroyed, if your Skip Credit Balance or any Gift Card is used without your permission, or if you lose access to your Skip Customer Account or any Skip Credits.
- Gift Cards and Skip Credit may be subject to any additional terms and conditions that will be specified in connection with the specific Gift Card and Skip Credit grant.
- Skip has the right to void Gift Cards or Skip Credit, close Skip Customer Accounts and bill alternative forms of payment if it suspects that a Gift Card is obtained, used or applied to a Skip Customer Account (or Skip Credit is applied to a purchase) fraudulently, unlawfully or otherwise in violation of these Terms of Service, or in a manner that abuses the Skip Platform.
- For greater certainty, to the extent permitted by law, we reserve the right, at any time and in our sole discretion, to add to or amend terms and conditions (including these Terms of Service) in relation to the use of Gift Cards or Skip Credit
- From time to time, Skip may run contests or competitions ("Contests"). Those Contests will be subject to these Terms of Service, as well as rules specific to each Contest ("Contest Rules").
In general, Contests for Canadian users will be open to individual residents of Canada
over the age of majority in the province or territory in which they reside, with the
- employees, representatives and agents (and persons with whom they are domiciled, whether related or not) of Skip Group, its advertising and promotion agencies; and
- residents of Quebec, unless specified in the Contest Rules.
- For greater certainty, subject to applicable law, we reserve the right, at any time and in our sole discretion, to withdraw any Contest, to add to or amend terms and conditions (including these Terms of Service) in relation to any Contest or to vary or terminate the operation of a Contest at any time without notice.