SKIP D LINE
Terms and Conditions
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE TERMS AND CONDITIONS (“AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SKIP D LINE (“SKIP D LINE,” “WE,” “US,” OR “OUR”).
The Company provides an online marketplace connection, using web-based technology that connects You and other consumers, restaurants and/or other businesses and independent delivery contractors (“Contractors”). The Company’s software permits consumers to place orders for food and/or other goods from various restaurants and businesses. Once such orders are made, the Company’s software notifies Contractors that a delivery opportunity is available and the software facilitates completion of the delivery to the consumer. The Company is not a restaurant, delivery service, or food preparation business.
If you access the website located at https://www.skipdline.com/, install or use SKIP D LINE mobile app access any information, function, or service available or enabled by SKIP D LINE (each, a “Service” and collectively, the “Services”), or complete the SKIP D LINE account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with SKIP D LINE (the “Minimum Age”); and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use SKIP D LINE’s Services.
Subject to Section 12(h) of this Agreement, SKIP D LINE reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
By using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, SKIP D LINE employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by SKIP D LINE Services.
(e) You will not use the Services to cause nuisance, annoyance or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Restaurant Partner, user or Contractor, unless SKIP D LINE gives express permission to do so in writing.
(g) You will not copy or distribute the Software or any content displayed through the Services, including Restaurant Partners’ menu content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any SKIP D LINE server, or the networks connected to any SKIP D LINE server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any SKIP D LINE server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures SKIP D LINE may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to the SKIP D LINE website or access the SKIP D LINE website manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of the SKIP D LINE website or any content on the SKIP D LINE website.
(p) You will not conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, SKIP D LINE, or the Services in any way whatsoever.
(r) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(s) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first time users.
(t) You will not attempt to undertake any of the foregoing.
You understand and agree that SKIP D LINE provides a technology platform connecting you with independent food service providers and others that provide the products offered through the Services (“Restaurant Partners”), and independent third-party contractors who provide delivery services (“Contractors”). You acknowledge and agree that SKIP D LINE does not itself prepare food or offer delivery services, and has no responsibility or liability for the acts or omissions of any Restaurant Partner or any Contractor. SKIP D LINE is not the retailer of any products offered by Restaurant Partners, nor is it in the delivery business or a common carrier.SKIP D LINE provides a technology platform facilitating the transmission of orders by Users to Restaurant Partners for pickup or delivery by Contractors. SKIP D LINE will not assess or guarantee the suitability, legality or ability of any Contractor or Restaurant Partner. You agree that SKIP D LINE is not responsible for the Restaurant Partners food preparation or the safety of the food, and does not verify Restaurant Partners’ compliance with applicable laws or regulations. SKIP D LINE has no responsibility or liability for acts or omissions by any Restaurant Partner or Contractor.
You agree that the goods that you purchase will be prepared by the Restaurant you have selected, that title to the goods passes from the Restaurant Partner to you at the Restaurant Partner’s location, and that the Contractor will be directed by your instructions to transport the products to your designated delivery location. You agree that neither the Contractor nor SKIP D LINE holds title to or acquires any ownership interest in any goods that you order through the Services.
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information to keep it accurate, current, and complete. You are the sole authorized user of any account you create through the Services. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity. Should you suspect that any unauthorized party may be using your password or account, you will notify SKIP D LINE immediately. SKIP D LINE will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by SKIP D LINE or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SKIP D LINE has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, SKIP D LINE has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an account or use the Services if you have been previously removed by SKIP D LINE, or if you have been previously banned from use of the Services.
(a) User Content. SKIP D LINE may provide you with interactive opportunities through the Services, including, by way of example, the ability to post User ratings and reviews (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post and/or otherwise transmit through the Services. You hereby grant SKIP D LINE a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use the User Content in connection with SKIP D LINE’s business and in all forms now known or hereafter invented (“Uses”), without notification to and/or approval by you. You further grant SKIP D LINE a license to use your username and/or other User profile information, including without limitation your ratings history, to attribute User Content to you in connection with such Uses, without notification or approval by you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. In the interest of clarity, the license granted to SKIP D LINE herein shall survive termination of the Services or your account. SKIP D LINE reserves the right in its sole discretion to remove or disable access to any User Content from the Services, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that SKIP D LINE may monitor and/or delete your User Content (but does not assume the obligation) for any reason in SKIP D LINE’s sole discretion SKIP D LINE may also access, read, preserve, and disclose any information as SKIP D LINE reasonably believes 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 SKIP D LINE, its users and the public.
(b) Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to SKIP D LINE through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that SKIP D LINE has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to SKIP D LINE a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sub-licenseable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
(c) Ratings and Reviews. To the extent that you are asked to rate and post reviews of Merchants or other businesses (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by SKIP D LINE and do not represent the views of SKIP D LINE or its affiliates. SKIP D LINE shall have no liability for Ratings and Reviews or for any claims for economic loss resulting from such Ratings and Reviews. Because we strive to maintain a high level of integrity with respect to Ratings and Reviews posted or otherwise made available through the Services, you agree that: (i) you will base any Rating or Review on first-hand experience with the Merchant or business; (ii) you will not provide a Rating or Review for any Merchant or business for which you have an ownership interest, employment relationship or other affiliation or for any of that company’s competitors; (iii) you will not submit a Rating or Review in exchange for payment, free food items, or other benefits from a Merchant or business; and (iv) your review will comply with the terms of this Agreement. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such User Content without notice.
By creating a SKIP D LINE account, you electronically agree to accept and receive communications from SKIP D LINE, Contractors, or third parties providing services to SKIP D LINE including via email message to the email address you provided or text message, call, and push notification to the mobile number you provided to SKIP D LINE. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of SKIP D LINE, its affiliated companies and/or Contractor, including but not limited to communications concerning orders placed through your account on the Services.
9. Intellectual Property Ownership
SKIP D LINE alone (and its licencors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Software and the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Software or the Services, or any intellectual property rights owned by SKIP D LINE. SKIP D LINE name, SKIP D LINE logo, and the product names associated with the Software and Services are trademarks of SKIP D LINE or third parties, and no right or license is granted to use them. You agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software or the Services.
(a) Prices. You understand that: (a) the prices for menu items displayed through the Services may differ from the prices offered or published by Restaurant Partners for the same menu items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the menu items are sold; (b) SKIP D LINE has no obligation to itemize its costs, profits or margins when publishing such prices. You are liable for all transaction taxes on the Services provided under this Agreement (other than taxes based on SKIP D LINE’s income). Payment will be processed by SKIP D LINE, using the preferred payment method designated in your account.
(c) Promotional Offers and Credits. SKIP D LINE, at its sole discretion, may make promotional offers with different features and different rates to any User. These promotional offers are subject to the terms of this Agreement and may be valid only for certain Users as indicated in the offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by SKIP D LINE; (iii) are subject to the specific terms that SKIP D LINE establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; and (v) are not valid for use after the date indicated in the offer or in SKIP D LINE’s Terms and Conditions for Promotional Offers and Credits. SKIP D LINE reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that SKIP D LINE determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement. SKIP D LINE reserves the right to modify or cancel an offer at any time. SKIP D LINE may also offer gratuitous credits, which can be used for the Services. Any credit issued bySKIP D LINE is valid for 6 months from the date of issue except to the extent prohibited under applicable law and may not be redeemed for cash or cash equivalent. Upon expiration, credits will be removed from your account. Expired credits are no longer redeemable and cannot be used towards any order.
(d) Fees for Services. SKIP D LINE may change the fees for our Services as we deem necessary or appropriate for our business, including but not limited to Delivery Fees AND Service Fees.
(e) Referral Program. Under the Referral Program, SKIP D LINE offers its registered Users in good standing the opportunity to earn gratuitous SKIP D LINE credits as promotional rewards by inviting their eligible friends to register as new SKIP D LINE Users and place their initial order through the Service by using a unique referral ID link (“Personal Link”). For each Qualified Referral (as defined in the Referral Program) generated through a User’s Personal Link, the User may receive a gratuitous credit as specified on SKIP D LINE’s Referral Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
You agree to indemnify and hold harmless SKIP D LINE and its officers, directors, employees, agents and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from (a) your User Content; (b) your misuse of the Software or Services; (c) your breach of this Agreement or any representation, warranty or covenant in this Agreement; or (d) your violation of any applicable laws, rules or regulations through or related to the use of the Software or Services. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees incurred by the Indemnified Party. SKIP D LINE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SKIP D LINE in asserting any available defenses. This provision does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services. You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SKIP D LINE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES, OR THE SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
SKIP D LINE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SKIP D LINE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS.
(a) General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost.
If you violate this Agreement, SKIP D LINE may respond based on a number of factors including, but not limited to, the egregiousness of your actions and whether a pattern of harmful behavior exists.
In addition, at its sole discretion,SKIP D LINE may modify or discontinue the Software or Service, or may modify, suspend or terminate your access to the Software or the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Software or the Service, SKIP D LINE reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Software or the Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, SKIP D LINE or any third party provider as a result of this Agreement or use of the Software or Services.
(b) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
(c) Notice. Where SKIP D LINE requires that you provide an e-mail address, you are responsible for providing SKIP D LINE with your most current e-mail address. In the event that the last e-mail address you provided to SKIP D LINE is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, SKIP D LINE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
(g) Electronic Communications. For contractual purposes, you (1) consent to receive communications from SKIP D LINE in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SKIP D LINE provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This subparagraph does not affect your statutory rights.
(h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SKIP D LINE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and the party’s successors and permitted assigns.