Terms of Service

Terms Of Service

Welcome to Zip Eats! We are happy you’re here and can’t wait to deliver you your next meal. Before you use our platform, please read these Terms of Service carefully.

THIS TERMS OF SERVICE agreement constitute a legally binding agreement between you and ZipTechnologies Ltd. in respect to the access and use of ZipEats website as well as ZipEats mobile platforms.THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE ZIPEATS PLATFORM, INCLUDING USERS WHO ARE VENDORS OF GOODS OR PROVIDERS OF DELIVERY SERVICES TO OTHER USERS OF THE ZIPEATS PLATFORM. You must have reached the age of majority in your jurisdiction in order to place orders through the ZipEats platform as a customer or to operate as a vendor or delivery agent. You acknowledge and agree that the ZipEats platform and the ZipEats services are made available to facilitate the ordering of food, beverages or other products provided by Vendors that may be delivered by Delivery Agents. You understand that ZipEats technology and services facilitate these transactions in certain jurisdictions only and that ZipEats is not a Vendor or Delivery Agent nor is ZipEats responsible for fulfilling orders placed by customers with Vendors or Delivery Agents.

BY ACCESSING, BROWSING AND USING THE ZIPEATS PLATFORM, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE ZIPEATS PLATFORM OR ZIPEATS SERVICES OR ANY OF THEIR CONTENT OR SERVICES.

THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY ZIPEATS IN ITS SOLE DISCRETION AT ANY TIME TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

When changes are made, ZipEats will make a new copy of the Terms of Service available on the ZipEats Platform. We will also update the "Last Updated" date at the top of the Terms of Service. Any changes to the Terms of Service will be effective immediately after posting notice of such changes on the Platform. ZipEats may require you to provide consent to the updated Terms of Service in a specified manner before further use of the ZipEats Platform and/or the ZipEats Services is permitted. Your continued use of the ZipEats Platform and/or ZipEats Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE ZIPEATS PLATFORM TO VIEW THE MOST CURRENT TERMS.

GENERAL TERMS

1. Users and Applicable Legal Terms

  • Definition of Users. The ZipEats Platform facilitates the ordering by consumers/end users of the ZipEats 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 ZipEats Platform (the "Agents"). Collectively, Customers, Vendors and Agents constitute "Users" of the ZipEats Platform and these Terms of Service apply to all Users.
  • ZipEats Privacy Policy. Please note that important information about ZipEats’s practices on the collection, use and disclosure of Users’ personal information submitted via the Website or the ZipEats Platform App is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Service. Please see further: www.ZipEats.ca/privacy-policy ("Privacy Policy").
  • Additional Terms for Vendors and Couriers. In addition to these Terms of Service and the Privacy Policy, Vendors and Couriers are subject to additional terms agreed in separate agreements with ZipEats in respect of the goods/services offered by such Users. In the event of any conflict between these Terms of Services and the separate agreement you have with ZipEats, the terms of the separate ZipEats agreement will govern.
  • 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 ZipEats 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 ZipEats Platform.

2. The ZipEats Platform may use services and content from Google Maps or Google Earth. You acknowledge and agree that you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy). The following additional terms and conditions apply to you if you are using a ZipEats Platform App. You acknowledge and agree that: These Terms of Service are entered into between you and ZipEats. 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 ZipEats Platform App. The applicable ZipEats party not Apple or Google, is solely responsible for the Platform App, including any maintenance and support, and the content

3. ZipEats Accounts

  • You represent and warrant that all information supplied by you on the ZipEats (a "ZipEats Account")) or in connection with your use of the ZipEats Services is true, accurate, current and complete. Any ZipEats Account must be kept secure and you agree that you will not share or disclose your Account credentials with anyone.
  • ZipEats reserves the right to deny your request for a ZipEats Account (including usernames) and to disable or terminate access to any Account (including usernames) issued to you at any time at ZipEats sole discretion. We may suspend or terminate your ability to access the Platform, or cease providing you with all or part of the Services at any time for any or no reason. Any suspension or termination of this Agreement by ZipEats will be in addition to any other rights and remedies that ZipEats may have.
  • You may request the deletion of your account by requesting (by email or through any then-available interfaces) that your ZipEats Account be deleted, ceasing use of the Platform

4. No Unlawful or Prohibited Use You may not, without ZipEats prior written permission, use the Platform, the Services or any 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 ZipEats Platform and/or the Content.

5. Licensed Access to The ZipEats Platform and Permitted Use

  • Subject to your compliance with these Terms of Service, ZipEats hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the ZipEats 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 ZipEats 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 ZipEats 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 ZipEats Platform to manage the offer and fulfilment of Orders; and
  • for Couriers, you may create an account and use the ZipEats Platform to manage and fulfill requests for deliveries of Orders,
  • The ZipEats Platform and/or specific services may not be available at all or any times and in all or any jurisdictions. Furthermore, nothing on the ZipEats 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

6. ZipEats 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 ZipEats Platform (the "Content") at any time, and from time to time, without notice.Intellectual Property Terms

•Content and Intellectual Property

  • The ZipEats Platform and all content contained therein (excluding User Content as defined below), is owned or licensed by ZipEats and protected by copyright, trade-mark and other intellectual property laws ("ZipEats Content
  • User Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the ZipEats Platform by Users ("User Content"), is the sole responsibility of such Users. ZipEats may monitor User Content from time to time but ZipEats does not guarantee the accuracy, integrity or quality of such content. To the extent your User Content contains any personally identifiable information, that data is handled in accordance with the ZipEats Privacy Policy and all other User Content will be considered non-confidential.
  • User-Related Content. ZipEats may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the ZipEats Privacy Policy.

•By submitting, posting or displaying User Content on or through the ZipEats Platform or otherwise to ZipEats, you grant right to use, refrain from using User Content.

•You may only use ZipEats Content and other Users Content (eg. menus provided by Vendors) for the applicable Permitted Use

• Terms on Submissions/Feedback and Other User Content
• Through the capabilities of the ZipEats Platform you may be able to provide ratings/reviews, suggestions or other feedback ("Submissions"). Submissions are a subset of User Content, you will not post or transmit to or from the ZipEats Platform any material or content which does or may:
1. Breach any applicable local, national or international law;
2. Be unlawful or fraudulent;
3. Amount to unauthorised advertising;
4. Contain any defamatory, obscene or offensive material;
5. Promote violence or discrimination;
6. Infringe the intellectual property rights of another person;
7. Breach any legal duty owed to a third party (such as a duty of confidence);
8. Promote illegal activity or invade another’s privacy;
9. Give the impression that they originate from us; or
10. 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 ZipEats Platform

Status of Submissions on the ZipEats Platform. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the ZipEats Platform that we determine breaches the restrictions above or is otherwise objectionable or may expose us or any third parties to any harm or liability. Any Submissions on the ZipEats Platform is for information purposes only and does not constitute advice from us or the opinions of anyone within ZipEats. User Content may reflect the opinions of Customers who have ordered through the ZipEats 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 ZipEats assume any responsibility or liability to any person for any User Content.

Public Display of Submissions. 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.

Note on Privacy. If you access any Personal Information through the ZipEats Platform you agree that you will treat such Personal Information in accordance with ZipEats's current Privacy Policy and as permitted by these Terms of Service.

7. Advertising and Third-Party Websites

  • If you elect to have any business dealings with anyone whose products or services may be advertised on the ZipEats Platform, you acknowledge and agree that such dealings are solely between you and such advertiser and ZipEats will have no responsibility or liability for any losses or damages that you may incur as a result of any such dealings.
  • The ZipEats Platform may provide links to third party websites and such links are provided solely for your convenience. If you use these links, you leave the ZipEats Platform.
  • ZipEats reserves the right to prohibit or remove (or require you to remove) any link to the ZipEats Platform, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

8. Availability and Updates

  • ZipEats may alter, suspend, or discontinue the ZipEats Platform at any time and for any reason, without notice. The ZipEats Platform or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. ZipEats may periodically add or update the information and materials on the Platform without notice.
  • While we try to ensure the ZipEats Platform is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and no members of the ZipEats Group will be liable to you if the ZipEats Platform is unavailable at any time or for any period.

9. DISCLAIMERS THE LAWS OF CERTAIN JURISDICTIONS 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 ZipEats Platform is correct, we do not promise it is accurate or complete. We may make changes to the material on the ZipEats Platform including to Goods and prices described on it, at any time without notice. The material on the ZipEats 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 Delivery Agent. Without limiting the generality of the foregoing, you acknowledge and accept the following by using the ZipEats Platform:
  • We do not give any undertaking that the Goods ordered from any Vendor through the ZipEats 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 Delivery Agents 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 practical 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 ZipEats Platform or the Content is done at your own risk. 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 ZipEats Platform.
  • Communications Not Confidential. ZipEats does not guarantee the confidentiality of any communications made by you through the ZipEats Platform. Although ZipEats generally adheres to the accepted industry practices in securing the transmission of data to, from and through the ZipEats Platform, you understand, agree and acknowledge that ZipEats cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the ZipEats Platform.

10.NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY.

  • NO IMPLIED WARRANTIES. THE ZIPEATS SERVICES, THE ZIPEATS PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
  • EXCLUSION OF INDIRECT DAMAGES. IN NO EVENT WILL ZIPEATS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND WHETHER OR NOT ZIPEATS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO THE USE OF THE ZIPEATS SERVICES, THE ZIPEATS PLATFORM OR THE CONTENT.
  • NO RESPONSIBILITY FOR VENDORS AND COURIERS. VENDORS AND COURIERS OFFERING GOODS OR SERVICES THROUGH THE ZIPEATS PLATFORM ARE INDEPENDENT PERSONS OR ORGANIZATIONS AND NOT REPRESENTATIVES, AGENTS OR EMPLOYEES OF ZIPEATS. ZIPEATS 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.
  • 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 ZipEats Platform. THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH ZIPEATS WOULD NOT MAKE THE ZIPEATS PLATFORM AND/OR ZIPEATS 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.

11.Indemnification You agree to defend, indemnify and hold harmless Zip Technologies Ltd., 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;
  • 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 ZipEats 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 ZipEats

12.Governing Law and Dispute Resolution

  • Governing Law. These Terms of Service will be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. These laws apply to your access to or use of the ZipEats Platform, the Services or the Content, notwithstanding your domicile, residency or physical location. The ZipEats Platform, the 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) ZipEats, including any dispute or controversy arising out of or relating to these Terms of Service, the Platform or Services, 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 Canadian Arbitration Association Rules (“CAA”). The seat of the arbitration will be in Saskatchewan 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. ZipEats will pay the reasonable arbitration costs.
  • Except to the extent restricted by applicable law, you and us agree to resolve any Dispute on an individual basis. Any claim you may have must be brought individually and not as a representative plaintiff or class member, and you will not join such claim or participate in a class action lawsuit against any members of the ZipEats 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.

13.Miscellaneous

  • 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.
  • Entire Agreement. If you are a Customer, these Terms of Service, the Privacy Policy and any documents incorporated by reference herein constitute the entire agreement between ZipEats and you with respect to the ZipEats Platform. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  • Notices. ZipEats may provide any notices to you in connection with these Terms of Service through the ZipEats Platform or by email at the then-current email address for you on file. ZipEats may be contacted in writing at: Zip Technology Ltd. Box 1230 Moosomin, SK S0G 3N0 or support@zipeats.ca
  • No Waiver. ZipEats'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. ZipEats 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 ZipEats'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 ZipEats Platform, the terms applicable to the Vendor agreement will govern your relationship with ZipEats in connection with your use of the ZipEats Platform as a Vendor offering its services.
  • 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 a joint venture with, purchase or are sold to.

•ORDERING TERMS

14. Placing Orders

  • Once you have created your ZipEats 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, and an Order will be created and sent to the Vendor. You are responsible to ensure that all 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. 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). 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 ZipEats via chat, email or the ZipEats support phone line at the contact information provided on the ZipEats Platform. Please see Cancellation Policy.
  • 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. ZipEats 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 ZipEats 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 ZipEats 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.

15. Customer Care, Goods Contract, Third Party Couriers and Refunds

  • ZipEats may offer customer care in respect of issues relating to the Vendors and the Delivery Agents. If you have any problems, questions or suggestions with respect to the ZipEats Platform or your Order, please contact ZipEats’s customer care team (and not the Vendor or Courier) via chat (preferable) or email provided on the ZipEats 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 ZipEats 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 ZIPEATS GROUP HAS ANY CONTROL OVER THE QUALITY OF THE GOODS OR SERVICES OFFERED BY VENDORS AND COURIERS AND THAT NO MEMBERS OF THE ZIPEATS 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.
  • ZipEats may provide, in its discretion, the refund or compensation by payment to your payment credit or debit card.

16.Payment Processing Services Payment processing services for the ZipEats Platform are provided by payment services providers as ZipEats may choose from time to time (collectively referred to as the "Payment Processing Services Provider"). You hereby authorize ZipEats to share with the Payment Processing Services Provider that financial information, banking details and transaction information related to your use of the payment processing services and the ZipEats Platform. You also agree that the ZipEats 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.

17. Price and Payment

  • Goods prices listed on the ZipEats Platform from Vendor are in Canadian dollars. Goods prices may not include applicable tax, access fee and delivery charges. Taxes, access fee 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 ZipEats Platform ("Card Orders”)
  • For Card Orders, you will be charged at the time of placing your Order. The ZipEats 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 access fee and any taxes) as may be applicable in connection with your purchase. You are responsible to ensure that all 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.
  • ZipEats or the Vendor is under no obligation to fulfill your Order at an incorrect price. Prices of the Vendor’s Goods in the Vendor’s physical location and at the ZipEats 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 ZipEats’s or the Vendor’s discretion.

18. 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("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 ZipEats and the Vendor offer no guarantee that these times will be achieved. ZipEats 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 ZipEats and the Vendor are under no obligation to remake or refund the Goods if you do not arrive when indicated.

19. Alcohol
If you order alcohol, you warrant that you are of legal age to purchase and consume alcohol in the area in which the alcohol is delivered and are not ordering alcohol for any person below the legal 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 Vendor or the courier then alcohol products may be withheld, and any refund for such withholding is at the discretion of the Vendor, ZipEats 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 certainty, alcohol orders may be subject to time and location restrictions.