Welcome to www.qikfood.com! Qikfood is an online community that facilitates interaction between Merchants and Consumers. The following terms and conditions (hereinafter referred to as the "Terms of Use," "Terms" or "Agreement") govern the use of qikfood.com ("Qikfood") constitutes a legally binding agreement between you (the user of the service referred to as "you," "User," "Member" or the "End User") and Qikfood (the service provider referred to as "we," "us" or "our"). Please review the Terms of Use carefully, for by using and accessing Qikfood's websites and mobile applications (referred to as the "Site" or "Services") you are agreeing to be party to and bound by our Terms of Use and Privacy Policy, which accompanies this document and is considered a part of these Terms. If the Privacy Policy terms are inconsistent with such Terms, the Terms will control. If you do not agree to or are unable to abide by these Terms, you must immediately cease to use and access our Site and Services.
1. ADDITIONAL DEFINITIONS
"Accounts" refers to the profile created by User in order to engage in Activities on the Qikfood website
"Activities" include your contributions of content, purchases and other involvement on the Site
"Business Partner", "Partners" or "Merchants" refers to affiliates of Qikfood who have contractually accepted our Merchant Services Agreement and engage with Qikfood.
"Marks" includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features, trademarks, service marks and logos
"Site" refers to qikfood.com and our Services including, but not limited to, mobile applications.
"Third Party" refers to entities, such as advertisers, other than other than our Members and Business Partners.
"Users" refers to you, Consumers, and Members of Qikfood.
"User Content" or "Content" includes, but is not limited to text, comments, communications, photos, images, video, audio, location data and personal information that is published (hereinafter "posted"), submitted, distributed and otherwise transmitted to our Site and Services by the End Users.
2. PRIVACY
Please review our Privacy Notice, which also governs your visit to qikfood.com, to understand our practices.
3. USER ACCOUNTS
In order to engage in Activities on our Site, every User must first create an Account with Qikfood and provide us certain personal information, such as an e-mail address. For information regarding our requirements and use of your personal information, please review our accompanying Privacy Policy to these Terms. If you use this site, 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 agree to notify Qikfood immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason and without notification.
4. USE OF YOUR QIKFOOD ACCOUNT
Once you have created an Account, you are solely responsible for maintaining the confidentiality of your Account information. You are also liable for any and all Activities that occur on our Site in connection with your Account. Your Account may not be used to:
  • impersonate another person or entity
  • falsely state or misrepresent your affiliation with another person or entity
  • create an account for someone other than yourself
  • provide an e-mail address other than your own
  • create multiple personal accounts
  • access or use the account of another User
  • engage in any form of fraud
  • forge e-mail addresses or otherwise manipulate identifies in order to disguise the origin of any Content
  • access without authorization our proprietary or confidential records, those of another User or those of anyone else
  • interfere with, disrupt, limit or destroy the functionality of Site, Services, networks and services or features in any way
  • deep-link to the Sites for any purpose or access the Sites manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. Qikfood reserves all of its statutory and common law rights against any person or entity who violates this paragraph. Any rights not expressly granted herein are reserved.
5. ELIGIBILITY
Qikfood is intended for general audiences and is not directed towards children under the age of 13. We do not knowingly collect personal information from anyone under the age of 13, nor is any part of the Site meant to attract children under the age of 13. Minors between the ages of 13 and 18 must receive their parents' or guardians' permission before submitting information over the internet. By participating in Qikfood, you are representing that you are at least 18 years old or you are at least 13 years old and have a parent's or guardian's permission to use Qikfood. You are not to use Qikfood to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery.
6. REFUND POLICY
We are very serious about customer satisfaction. If there are any problems with your food order or an incorrect charge on your credit card, email us at customerservice@qikfood.com. We're here 24/7 to help straighten any issues out.
7. USER CONTENT RESTRICTIONS / CODE OF CONDUCT
a. Monitoring of Site Content
Qikfood has the right to monitor the Site and all its Content, but is not required to do so. Content which we deem to be in violation of this Agreement may be removed without prior notice and User account may be terminated at our sole discretion, however these Terms to not constitute an obligation on our part to remove such Content. We claim no responsibility for your exposure to Content on our Site regardless of its possible violation of our Terms. You understand that all opinions, advice, statements, claims and other Content submitted by Users and/or third parties are those of the respective authors and not of Qikfood, and we claim no responsibility for the accuracy or reliability of User Content and such information. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE USE OF OUR SITE AND SERVICES IS AT YOUR OWN RISK.
b. Prohibited Content
You are solely responsible for any Content that you may post, transmit or otherwise make available on our Site and assume any and all risks involved with the distribution of such content. Any and all Content contributed by users to our Site is restricted to that which involves lawful purposes only. Qikfood reserves the right to monitor all Content and may, at our sole discretion, remove Content that we determine is in violation this Agreement. Such prohibited Content may include, but is not limited to, that which:
  • infringes upon or violates the intellectual property rights, copyrights, patents, trade secrets, service marks, trademarks or other intellectual property rights of another or others
  • is invasive of the privacy or publicity rights of others
  • violates any applicable law, rule or regulation
  • sends bulk e-mails, surveys or other mass messaging, whether commercial in nature or not, engages in keyword spamming or otherwise attempts to manipulate the Site's search results or any third party website
  • is unlawful, harmful, harassing, indecent, libelous, discriminatory, pornographic, potentially damaging to minors, threatening, abusive, defamatory, vulgar, obscene, profane, infringing on the rights of others, encourages or implies conduct that may result in criminal activity or is deemed to be otherwise inappropriate
  • is fraudulent, deceptive or intentionally misleading
  • promotes a business or other commercial venture or event, or otherwise uses the Site for commercial purposes, except in connection with a Merchant account and as expressly permitted by Qikfood
  • is potentially damaging to Qikfood and/or its affiliates
If you have submitted Content that we find to be in violation of this Agreement or have otherwise engaged in, been accused of or threatened misconduct, we reserve the right to terminate your account and/or Content without notice and to access, preserve or disclose any materials that you contribute to the Site. You agree to indemnify Qikfood in the event of a lawsuit or any other legal proceedings resulting from your Content, communications, misconduct or other malicious activity
c. Uploaded Materials / Right to Use Your Content / License Grant
You represent that you have the right to post to Qikfood any such Content that you make available on our Site. You acknowledge and accept liability for Content posted to our Sites and Services from your account. Furthermore, you irrevocably waive and cause to be waived against Qikfood and its Users any claims, assertions of moral rights or attribution with respect to your Content.
Posting Content to our Site indicates that you grant Qikfood a permanent, worldwide, royalty-free, worldwide, perpetual, irrevocable, freely transferable, sublicensable, non-exclusive license to use, copy, reproduce, publish, edit, adapt, translate, distribute, publically perform, display or create a derivative work from (hereinafter "use") your Content, in any form, media or technology whether now known or to be developed. Qikfood has the right to use User Content and communications for promotional, advertizing, market research or other lawful purposes and may be reformatted to suit such purposes. You also permit any other User to access, view, store or reproduce the material for that User's personal use. In some cases, User Content may not be withdrawn. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such right, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
8. THIRD PARTIES
a. Third Party Content
We may arrange for unaffiliated third parties to provide services such as programming computer code, writing and contributing Content, managing and hosting the Site, preparing and providing advertisements, processing purchase orders and assisting Users. You understand that Users other than you may submit e-mails, reviews, comments or other content to Qikfood. Qikfood does not control any such third parties and disclaims any obligation, risk or liability with regard to their products, services, Content, advertisement or other contributed information appearing on the Site. Unless otherwise specified, we do not endorse, approve or sponsor any products, services, advertisements, or other content of third parties.
b. Third Party Linked Sites
Qikfood contains links to third party websites, advertisements, and offers that are not operated, monitored or controlled by Qikfood. We do not control these websites nor do we endorse or take responsibility for the accuracy or reliability of the content or services available on the linked websites. You acknowledge that the existence of such links does not imply an endorsement by Qikfood of the material appearing on such sites. Because our Terms and Privacy Policy are only applicable to our Site, please refer to the Terms of Use and the Privacy Policies available upon linking to any third party sites. You waive any claim against Qikfood and agree to hold us harmless from any loss or damage incurred as the result of any dealings with third parties linked from our site.
9. ELECTRONIC COMMUNICATIONS FROM QIKFOOD
When you visit qikfood.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, and Communications between you and Qikfood shall be conveyed electronically. By establishing an e-mail account with Qikfood, you agree to send and receive information regarding our Terms, Services, Your account status, purchases, inquiries, notices, disclosures, and any other periodic or urgent communications at the e-mail address registered with your account. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
10. INTELLECTUAL PROPERTY RIGHTS, COPYRIGHTS, AND TRADEMARKS
You acknowledge and agree that all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Qikfood or used with express permission of the intellectual property owners and is subject to copyrights, trademarks and other intellectual property rights under United States law, the law of the jurisdiction where you reside and international conventions. We are not granting you any license to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. We reserve all rights not expressly granted to you in this Agreement.
Qikfood trademarks, copyrights, software, technology and tools used to promote, market, sell, generate online food orders are the intellectual property of Qikfood. Intellectual property may include, but is not limited to, text, software, scripts, photos, video, graphics, music, sound, and the entire contents of the Site ("Marks"). Qikfood and/ or its agents, licensors, site sponsors, participating Merchants, advertisers, strategic partners and other content providers retain all rights to their applicable services, special offers, advertisements, promotions and the related text and graphics displayed on or accessed via the Site.
Content provided by Qikfood "As IS" for your information and personal use only. User shall not rent, lease , sublicense, distribute, transfer, copy, reproduce, link, deeplink, download, display, modify or timeshare Qikfood's intellectual property, nor shall User use Qikfood intellectual property as a component or base for products or services prepared for commercial sale, sublicense, lease, access or distribution or create derivative works based on Qikfood's intellectual property. User shall not reverse engineer any portion of the Site or Services. Any violation of this policy may constitute intellectual property infringement that may subject the User to civil and/or criminal penalties.
11. COPYRIGHT COMPLAINTS
Users that infringe upon our copyrights may have their accounts terminated by Qikfood. Qikfood respects the intellectual property of others. If you believe that Content posted or published on our Site infringes upon you copyrights, please provide us the following information:
  • a physical or electronic signature of the person authorized on behalf of the copyright that has allegedly been infringed.
  • identification of the allegedly infringing Content and a representative list of such works on the Site.
  • information reasonably sufficient to permit us to locate the allegedly infringing Content.
  • a statement by you that you have a good faith belief that the disputed Content is not authorized by the owner, it's agent, or the law.
  • your name and contact information (address, telephone number and e-mail address)
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the authorized to act on the copyright owner's behalf.
You may contact Qikfood's Copyright Agent for notice of claims infringement at Qikfood, LLC.
Attn: Copyright Agent
Address
City
Phone
Fax
12. INDEMNIFICATION
To the fullest extent permitted by law, the User, and its agents and employees, shall indemnify and hold harmless Qikfood, its subsidiaries, affiliates, successors, assignees, licensees, officers, directors, employees, contractors, vendors, business partners, owners, agents and attorneys, from any and all claims, lawsuits, investigations, penalties damages, costs, expenses and losses, including but not limited to attorneys' fees, court costs, and collection costs, arising from or related to your use of, inability to use, your reliance upon the Site and Services, your violation of any of these Terms, your violation of any third party rights, or any claim that Content you have submitted has caused damage to a third party. This indemnification agreement will survive termination of this Agreement.
13. TERMINATION
Qikfood may alter or terminate the Site, Services and this Agreement at any time without prior notice. We have the right to immediately terminate or suspend any passwords or User accounts in the event of any conduct by the User that we, at our sole discretion, consider to be unacceptable or in violation of this Agreement. The provisions of Section 15 will survive the termination of this Agreement.
14. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY QIKFOOD ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. QIKFOOD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER QIKFOOD, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THRID-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS WARRANT THAT THE SITE AND SERVICES OFFERED WILL BE UNINTERUPTED, OF SATISFACTORY QUALITY, ERROR-FREE, VIRUS-FREE, SECURE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, THE ACCURACY, COMPLETENESS, RELIABILITY OF CONTENT, RESULTS OR ANY INFORMATION PROVIDED BY THE SITE OR THAT QIKFOOD WILL BE AVAILABLE AT ALL TIMES WITHOUT INTERRUPTION. NEITHER ORAL NOR WRITTEN PROVIDED BY A REPRESENTATIVE OF QIKFOOD SHALL CREATE A WARRANTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH QIKFOOD IS TO DISCONTINUE YOUR USE OF QIKFOOD. QIKFOOD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT WILL QIKFOOD'S LIABILITY IN CONNECTION WITH THE USE OF THE SITE AND SERVICES EXCEED THE TOTAL AMOUNTS PAID TO QIKFOOD DURING THE PREVIOUS SIX MONTHS PRECEEDING THE BRINGING OF ANY CLAIM OR THE SPECIFIC SERVICE AT ISSUE CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. GOVERNING LAW/FORUM SELECTION
These Terms of Use shall be governed, construed and interpreted by, through and under the Laws of the State of Ohio. Notwithstanding any other provision of this Terms of Use, the parties hereto agree that any action brought by either party against the other in State Court shall be properly venued only and exclusively in Franklin County Court of Common Pleas, or Municipal Court, in Franklin County, Ohio, and that any action brought in Federal Court shall be properly venued only and exclusively in the United States District Court of the Southern District of Ohio. The parties further agree that they do hereby waive all questions of personal jurisdiction or venue for purposes of giving effect to this provision.
16. ARBITRATION
All claims and disputes relating to this Agreement shall be subject to arbitration at the option of either Qikfood or the User in accordance with the Arbitration Rules of the American Arbitration Association for the construction industry in effect at the time of the arbitration. Written notice of demand for arbitration shall be filed with the other party to the agreement and with the American Arbitration Association, within a reasonable time after the dispute has arisen. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence action within this period shall forever bar any claims or causes of action regarding the same facts or occurrence. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL AND PARTICIPATOIN IN ANY CLASS ACTION AGAINST US
17. MODIFICATIONS TO THE TERMS OF USE
Qikfood reserves the right to, at any time, modify, amend or discontinue our Terms of Use and Privacy Policy. Notification of any changes will be posted to our Site, and any such changes to our Terms will become immediately effective at the time that they are posted. Changes to the Agreement will not be applicable towards Vouchers purchased before the effective date of such changes. Your continued access and use of our Site subsequent to the installation of any changes indicates your acceptance of such changes and the current Terms in force. It is your responsibility to periodically review this Agreement in order to remain current on the Terms to which you are bound. If you do not accept the modifications to our Terms, if and when such changes are made, you agree to immediately cease to use of our Site and Services.
18. ADDITIONAL TERMS AND CONDITIONS
a. Entire Agreement
These Terms comprise the Entire Agreement regarding the use of our Site and Services and supersede any prior agreements between you and Qikfood regarding the subject matter contained herein. There are no warranties, representations, covenants or agreements expressed or implied between the parties except for those specifically set forth in this Agreement.
b. Paragraph Headings
The paragraph headings employed within these Terms are for the sake of convenience and have no binding effect.
c. Typographical Errors
We unfortunately are prone to make mistakes from time to time. Therefore, we do not guarantee that the Qikfood Content is completely accurate and free from errors.
d. Assignment
These Terms and the incorporated Privacy Policy are personal to you, and you may not transfer, assign or delegate them to anyone without the express written permission of Qikfood. We may, at any time in our sole discretion, assign this Agreement to one or more third parties without your permission, and any such assignment shall release us from any further liability under the Agreement.
e. Severability
If any provision herein is invalid, it shall be considered deleted from this Agreement, and shall not invalidate the remaining provisions of this Agreement.