Skipcart Express Terms and Conditions
Skipcart Express Terms and Conditions
These Skipcart Express Terms and Conditions (“Express Terms”) govern your access and use of applications, websites, content, products, and services (the “Technology Services”) made available by Skipcart Delivery LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Skipcart”) that enable users to arrange and schedule the delivery of package(s) (the “Package(s)”) to a designated address (“Delivery Services”) (collectively, the “Express Marketplace”).
By accessing or using the Express Marketplace, you confirm your agreement to be bound by the Express Terms. If you do not agree to the Express Terms, you may not access or use the Express Marketplace. Skipcart may immediately terminate these Express Terms or the Express Marketplace with respect to you, or generally, cease offering or deny access to the Express Marketplace or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH SKIPCART ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By agreeing to the Express Terms, you agree that you are required to resolve any claim that you may have against Skipcart on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Skipcart, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Skipcart by someone else.
Agreement to Binding Arbitration Between You and Skipcart
You and Skipcart agree that any dispute, claim or controversy arising out of or relating to (a) the Express Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Express Marketplace at any time, whether before or after the date you agreed to the Express Terms, will be settled by binding arbitration between you and Skipcart, and not in a court of law. Notwithstanding the foregoing, where you allege claims of sexual assault or sexual harassment occurring in connection with your use of the Express Marketplace, you may elect to bring those claims in a court of competent jurisdiction instead of arbitration. Skipcart agrees to honor your election of forum with respect to your individual sexual assault or sexual harassment claim but in so doing does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided in the following paragraph, which will continue to apply in court and arbitration), controversy, claim or dispute.
You acknowledge and agree that you and Skipcart are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Skipcart otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Skipcart each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Express Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Express Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Texas.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration – Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Texas and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure
Unless you and Skipcart otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Skipcart submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Skipcart will not seek, and hereby waives all rights Skipcart may have under applicable law to recover attorneys’ fees and expenses if Skipcart prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Skipcart will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section 1 above, regarding consent to be bound by amendments to these Express Terms, if Skipcart changes this Arbitration Agreement after the date you first agreed to the Express Terms (or to any subsequent changes to the Express Terms), you may reject any such change by providing Skipcart written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Skipcart Delivery, LLC (the name and current contact information for the registered agent in each state are available online here), or (b) by email from the email address associated with your Account to: legal@Skipcart.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Skipcart in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Express Terms (or to any subsequent changes to the Express Terms).
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Express Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
The Express Marketplace
The Express Marketplace enables users to arrange and schedule Delivery Services with third party providers of such services (“Service Providers”) under agreement with Skipcart.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE EXPRESS MARKETPLACE DOES NOT ESTABLISH SKIPCART AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS OR DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY SKIPCART OR ANY OF ITS AFFILIATES.
Access and Use of the Express Marketplace
You may not authorize third parties to use your Account to access and use the Express Marketplace. You agree to comply with all applicable laws when accessing or using the Express Marketplace, and you may only access or use the Express Marketplace for lawful purposes.
You may not in your access or use of the Express Marketplace cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.
You may not access the Express Marketplace or use the Delivery Service to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to:
- Illegal items;
- Firearms, weapons, ammunition, and their parts;
- Highly perishable food or beverages (e.g., raw meat or dairy products);
- Pharmaceutical products, over-the-counter medications, vitamins, or supplements;
- Recreational drugs, drug paraphernalia, or tobacco products;
- Money, gift cards, lottery tickets, or transferable securities;
- Dangerous or hazardous items, including explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid), substances and material identified in the Hazardous Materials Table in 49 CFR section 172.101, or material determined to be hazardous under 49 U.S.C. section 5103 et. seq. and transported in a quantity requiring placarding according to regulations prescribed under 49 CFR, Subtitle B, Chapter I, Subchapter C, hazardous waste (e.g., hypodermic needles), or medical waste;
- Stolen goods;
- Fragile items;
- Sexual aids; obscene or pornographic material;
- Livestock, regulated species (e.g., noxious weeds, prohibited seeds), or animal parts, bloods, or fluids; or
- Any items for which you do not have permission to send.
The above list of Prohibited Items is not exhaustive. Skipcart retains the discretion to prohibit additional items that are not on the above list.
For Packages delivered by vehicle, the Package(s), together, per trip, (i) may not be greater than 30 pounds, (ii) must fit comfortably in the trunk of a mid-size motor vehicle, and (iii) may not have a total value greater than $100 USD.
For Packages delivered by bike or scooter, to the extent available, the Package(s), together, per trip, (i) may not be greater than 15 pounds, (ii) must fit comfortably in a backpack, and (iii) may not have a total value greater than $100 USD.
You must prepare and securely close and seal the Package(s) for safe delivery.
Refusal or Rejection of Deliveries
At a Service Provider’s sole discretion, a Service Provider may refuse to pick up or deliver the Package(s), or cancel the delivery after acceptance for any reason; provided at all times, Service Providers must comply with the our Community Guidelines.
Delivery, Redelivery, and Undeliverable Packages
If the Service Provider is not able to complete the delivery because, for example, the recipient is not at the delivery location to accept the delivery, the Service Provider may attempt to arrange for the return of the Package to you. You acknowledge and agree that you may be charged for any costs associated with a delivery failure or a return delivery.
If the Service Provider is not able to return the Package, you acknowledge and agree that the Package may be left at the original pickup location, with local law enforcement or, provided you send the Service Provider written instruction via the Technology Services, at the delivery location. To the extent feasible and if requested by you, Skipcart will also attempt to facilitate an exchange of the undelivered Package between you and the Service Provider. You acknowledge and agree that you may be charged additional fees in connection with the return, redelivery or disposal of your Package.
Disclaimers; Limitation of Liability; Indemnity
THE EXPRESS MARKETPLACE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SKIPCART DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE EXPRESS TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SKIPCART MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE EXPRESS MARKETPLACE OR ANY SERVICES OR GOODS REQUESTED THROUGH OR TRANSPORTED THROUGH THE USE OF THE EXPRESS MARKETPLACE, OR THAT THE EXPRESS MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE. SKIPCART DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE EXPRESS MARKETPLACE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SKIPCART’S AGGREGATE LIABILITY EXCEED $100 USD.
SKIPCART SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE EXPRESS MARKETPLACE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF SKIPCART, EVEN IF SKIPCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SKIPCART SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE EXPRESS MARKETPLACE OR YOUR INABILITY TO ACCESS OR USE THE EXPRESS MARKETPLACE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY SERVICE PROVIDER, EVEN IF SKIPCART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SKIPCART SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SKIPCART’S REASONABLE CONTROL.
YOU ASSUME EXPOSURE TO AND RISK OF ANY LOSS, THEFT, TAMPERING OR DELAY IN YOUR USE OF THE EXPRESS MARKETPLACE. SKIPCART DOES NOT MAINTAIN INSURANCE FOR LOSS, DAMAGE, OR THEFT. YOU SHOULD CONTACT AN INSURANCE AGENT OR BROKER IF INSURANCE COVERAGE IS DESIRED. SKIPCART DOES NOT PROVIDE INSURANCE COVERAGE.
IF YOU USE THE EXPRESS MARKETPLACE TO ARRANGE DELIVERY SERVICES AND SEND FOOD OR BEVERAGES NOT OTHERWISE PROHIBITED BY THESE EXPRESS TERMS, YOU ASSUME FULL RESPONSIBILITY FOR SUCH ITEMS AFTER DELIVERY, INCLUDING ANY DAMAGE DUE TO TEMPERATURE SENSITIVITY AND/OR TAMPERING. YOU FURTHER ASSUME FULL RESPONSIBILITY FOR CHILLING ANY PERISHABLES IMMEDIATELY UPON DELIVERY TO HELP MAINTAIN THE SAFETY AND QUALITY OF THOSE ITEMS.
THE EXPRESS MARKETPLACE MAY BE USED BY YOU TO REQUEST AND SCHEDULE DELIVERY SERVICES WITH INDEPENDENT THIRD PARTY SERVICE PROVIDERS, BUT YOU AGREE THAT SKIPCART HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY SERVICE PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE EXPRESS TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKIPCART’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON SKIPCART’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Skipcart and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Express Marketplace or services or goods obtained through your use of the Express Marketplace, including, but not limited to, any harm caused by a Package(s); (ii) your breach or violation of any of these Express Terms; (iii) Skipcart’s use of your User Content; or (iv) your violation of the rights of any third party, including Service Providers.
Skipcart may in its sole discretion change the Express Terms or any aspect of the Express Marketplace, the Technology Services or cancel the Express Marketplace at any time without notice to you. To the maximum extent permitted by law, your continued use of the Express Marketplace after the effective date of the revised Express Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or the Express Terms.
Choice of Law
These Express Terms are governed by and construed in accordance with the laws of the State of Texas, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to you. However, the choice of law provision regarding the interpretation of these Express Terms is not intended to create any other substantive right to non-Texans to assert claims under Texas law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Express Terms, are only intended to specify the use of Texas law to interpret these Express Terms and the forum for disputes asserting a breach of these Express Terms, and these provisions shall not be interpreted as generally extending Texas law to you if you do not otherwise reside in Texas. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement
Claims of copyright infringement should be sent to Skipcart’s designated agent below.
c/o: Skipcart Legal
711 Navarro St, Suite 220,
San Antonio, TX 78205
Skipcart may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Skipcart, with such notice deemed given when received by Skipcart, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Skipcart Delivery, LLC.
You may not assign these Express Terms without Skipcart’s prior written approval. Skipcart may assign these Express Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Skipcart’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Skipcart or any Service Provider as a result of the Express Terms or use of the Express Marketplace. If any provision of these Express Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Skipcart’s failure to enforce any right or provision in these Express Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Skipcart in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Express Terms.