Terms of Use for Customers | Version 08-10-2016

Website Terms of Use

Agreement between user and zipzapdelivery.com

Welcome to zipzapdelivery.com. The zipzapdelivery.com website (the "Site") is comprised of various web pages operated by ZipZap Delivery zipzapdelivery.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (them "Terms"). Your use of zipzapdelivery.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Privacy

ZipZap Delivery.com provides order placement services online and we provide delivery service for some of the local participating Restaurants. The use of the Website is for the sole purpose for an individual "customer" to request, order food and or beverage products for pick-up and or delivery or in connection therewith provided by participating Restaurants. The delivery service is provided through an Independent Contractor herein named “driver”, and ZipZap Delivery.com and its affiliates has no responsibility, liabilities or any obligations for such said “driver”(Independent Contractor). Under no circumstances shall ZipZap Delivery.com or any of its affiliates be responsible for any traffic incident and/or accident during the course of a delivery.

zipzapdelivery.com is a E-commerce Site

Your use of zipzapdelivery.com is subject to ZipZap Delivery's.com Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting zipzapdelivery.com or sending emails to ZipZap Delivery constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you must be 18 years old. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ZipZap Delivery is not responsible for third party access to your account that results from theft or misappropriation of your account. ZipZap Delivery and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

ZipZap Delivery does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use zipzapdelivery.com only with permission of a parent or guardian.

Ordering & Payment

We are not the seller of any food, beverage or product. ZipZap Delivery or any of its owned and or operating company are not and shall not be considered the "seller." When you order through zipzapdelivery.com you may choose to pay via credit card, debit card, or cash directly paid to “driver/Restaurant. When using a credit card you must provide a valid credit card, the name as it appears on the card, expiration date, card security code, and billing information as applicable. You will be required to show the credit card used and a valid ID either at the time of the delivery or if you are picking up the order at the Restaurant. You will be billed through ZipZap Delivery for the price of the order and all other applicable charges as it pertains to the order, if any, such as, tips, delivery charges, and applicable taxes. We do not charge for order placement. Minimum purchase required for delivery, excluding taxes, delivery charges and any other fees. Limited delivery area. Some restaurants and or retailer are not contracted with ZipZap Delivery.com and therefore the use of these services and order placement for such may require you to pay a service fee, before you complete your order you will be able to review and accept it. Once your order is confirmed you will receive an email confirmation, this is your receipt.

Cancellation/Refund Policy

We are a third party for "customers" to place food orders, for pick-up and or delivery in connection therewith with participating Restaurants. ZipZap Delivery does not control the Restaurant or the production of any food or beverage. We do not in any way verify the credentials or representation(s) of the Restaurant. The Restaurant have entered into an Agreement with ZipZap Delivery to comply with federal, state, and local laws, rules, regulations and standards. We take customer satisfaction seriously, and we want you to have a good experience. If for any reason you are not completely satisfied with your order, please contact the Restaurant directly, we are not responsible for orders accuracy. If you are unable to resolve the issue with the Restaurant to your satisfaction, please contact our customer service as soon as possible, we will attempt to help you and in appropriate circumstances or cases, if you have been billed by ZipZap Delivery.com, we will issue a full refund or a partial refund or a credit, within 48 hours pending an informative review with the Restaurant. ZipZap Delivery may at its sole discretion, offer credits or refunds on a case by case basis. Delivery charges, tips and service fees are non-refundable.

In case you want to cancel your order after is confirmed, in addition to contacting the Restaurant directly for immediate action, please notify ZipZap Delivery.com customer service as well, via email and or a phone call as soon as possible to avoid unwanted charges.

Cash Coupons and Promotions

Cash coupons are a way to reward our members. A member is a customer that has signed up and created an account with zipzapdelivery.com and agrees to receive advertising and promotions. Cash coupons give members with a valid account the ability to receive discount credits, NOT CASH, on purchases from restaurants listed on our Site. The cash coupons accrue in the customer’s account until they expire or is used on or before the expiration date, 6 months from initial date. You must order a minimum of $15.00 (Fifteen dollars) before being able to use the discount. The cash coupon discount is not valid with any other offer or coupons or discounts. When using a cash coupon credit earned, you do not earn any cash coupon credit for that specific order. Participation in the Cash coupon program is at restaurant’s discretion and so is the discount percentage amount to be applied to the customer’s cash coupon account. You may view your cash coupon balance on “my account page”. The cash coupon has no cash value and is not transferable. Most Promotions and coupon codes are limited to one per customer per purchase and are good for a one time use only per customer and can only be used with a minimum $20.00 purchase, excluding taxes, delivery charges and any other fees. The coupon codes have no cash value and if a cancellation or refund is made, your account will be credited only in the amount that you paid – total amount at checkout less the value of the coupon code. Coupon codes cannot be combined with other promotions. ZipZap Delivery may run promotions designed to attract new customers or increase sales. ZipZap Delivery reserves the right to refuse or alter any coupon or promotion at its discretion. Please note: Coupon codes are not retroactive and price adjustments will not be issued to orders placed prior to the start of any promotion. Promotions are limited and subject to its rules as it applies and available to zipzapdelivery.com members only.

Links to third party sites/Third party services

zipzapdelivery.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ZipZap Delivery and ZipZap Delivery is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ZipZap Delivery is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ZipZap Delivery of the site or any association with its operators. Certain services made available via zipzapdelivery.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the zipzapdelivery.com domain, you hereby acknowledge and consent that ZipZap Delivery may share such information and data with any third party with whom ZipZap Delivery has a contractual relationship to provide the requested product, service or functionality on behalf of zipzapdelivery.com users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use zipzapdelivery.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to ZipZap Delivery that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ZipZap Delivery or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ZipZap Delivery content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ZipZap Delivery and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ZipZap Delivery or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your ZipZap Delivery account to third party accounts. By connecting your ZipZap Delivery account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by ZipZap Delivery from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ZipZap Delivery Content accessed through zipzapdelivery.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ZipZap Delivery, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ZipZap Delivery 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 ZipZap Delivery in asserting any available defenses.

Liability disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICESINCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ZIPZAP DELIVERY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ZIPZAP DELIVERY AND/OR ITS SUPPLIERS MAKE NOREPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATEDGRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ZIPZAP DELIVERY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INNO EVENT SHALL ZIPZAP DELIVERY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZIPZAP DELIVERY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction ZipZap Delivery reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ZipZap Delivery as a result of this agreement or use of the Site. ZipZap Delivery's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ZipZap Delivery's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ZipZap Delivery with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ZipZap Delivery with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ZipZap Delivery with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ZipZap Delivery reserves the right, in its sole discretion, to change the Terms under which zipzapdelivery.com is offered. The most current version of the Terms will supersede all previous versions. ZipZap Delivery encourages you to periodically review the Terms of Use to stay informed of our updates.

Contact Us

ZipZap Delivery welcomes your questions or comments regarding the Terms:

ZipZap Delivery Inc.
11609 1/2 Washington Place, Suite B
Los Angeles, CA 90066
Email Address: support@zipzapdelivery.com

Effective as of August 1, 2016.