The Skip Cooking service allows users to place orders for food delivery and take out from restaurants in select cities as identified on the Website (the “Service”). You can use the Service from a computer or a personal mobile device if you have downloaded the App. For avoidance of doubt, Skip Cooking does not prepare the food or provide delivery services directly and it 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 food quality or timely delivery.
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.
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 Skip Cooking offers no guarantee by this time. Skip Cooking is not responsible for any delays in receiving your Order for any reason.
Prices will be as quoted on the Website and 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 its 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 and App by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Skip Cooking, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Skip Cooking does not control or actively monitor 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 Skip Cooking 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.
In using the Website, App and/or Service You shall 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 solicitation; 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 way;
○ 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 authentication measures;
○ intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
○ collect or store personal data 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.
○ Apple and Google have no obligation whatsoever to provide any maintenance and support services with respect to the App. Skip Cooking 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 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 Skip Cooking’s sole responsibility;
○ Skip Cooking, 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
If You provide Skip Cooking with any suggestions, comments or other feedback relating to any aspect of the Website, App and/or Service ("Feedback"), Skip Cooking may use such Feedback in the Website, App, Service and/or in any other Skip Cooking products or services (collectively, "Skip Cooking Offerings"). Accordingly, You agree that: (a) Skip Cooking is not 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 Skip Cooking, (c) Skip Cooking (including all of its successors and assigns and any successors and assigns of any of the Skip Cooking Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Skip Cooking Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind in respect of the Feedback.
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 Skip Cooking shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
As a Skip Cooking account holder, you are entitled to voluntarily participate in the Skip Cooking Refer a Friend Program. A unique alphanumeric code is assigned to your Skip Cooking account, referred to as your personalized referral code (“Referral Code”). You can earn Skip Cooking credit by inviting your friends with your Referral Code. You will earn the referral credit once your friend (“Referred User”) has completed an eligible order on Skip Cooking (which the terms of an eligible order may change at any time at Skip Cooking’ sole discretion). The referral credit will be applied automatically against your food/beverage total on your next Skip Cooking order, up to and including the food/beverage total 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. Skip Cooking 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 Skip Cooking’ sole discretion. By participating in the Refer a Friend Program, you specifically agree to accept and consent to receiving email or text communications from Skip Cooking, which may include notification emails or informational emails of promotions or features that we offer. You will always have the right to unsubscribe to any of our mailings.
This personalized referral code should 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 Skip Cooking or the Service to any third parties, and you will not make any warranty or representation on behalf of Skip Cooking. You are not allowed to refer yourself or members of your household for the purposes of earning referral credit.
Skip Cooking 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 these Terms and/or manipulating or abusing these Terms.
Skip Cooking reserves the right at its full discretion to modify, delete, or add to these Terms at any time without prior notice. The Skip Cooking Refer a Friend Program may be suspended, modified, or withdrawn at any time without notice.
The Website and App (including User Content) may contain links to other websites that are not owned or controlled by Skip Cooking. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Skip Cooking of that third party, third party product or service. Skip Cooking 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 and 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 Skip Cooking endorses or accepts any responsibility for the content or use of such websites, and You hereby release Skip Cooking from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." SKIP COOKING 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 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. SKIP COOKING 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 SKIP COOKING SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SKIP COOKING WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE. SKIP COOKING WILL NOT BE LIABLE FOR ANY ISSUES RELATED TO FOOD ORDERS OR DELIVERIES PROCESSED THROUGH THE SERVICE. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SKIP COOKING 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 SHALL APPLY EVEN IF SKIP COOKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKIP COOKING’S LIABILITY 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 SKIP COOKING IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Skip Cooking 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. Skip Cooking may periodically add or update the information and materials on this Website without notice.
Information sent or received over the Internet is generally unsecure and Skip Cooking 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. Skip Cooking will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Website, App or Service, please contact us at: info@Skipcooking.com.
You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
If the cancellation was made in time and once the restaurant has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable.
In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items.
You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.
Effective Date: January 1, 2017