Skip Merchant Terms and Conditions

Updated: July 10, 2024 

Welcome to Skip. Before you Skip, there are a few things you need to know. So read over this document and the Payment Schedule to make sure you understand how it’s all going to work.    

The Skip website www.skipapp.com.au, skip.com.au, skipzero.com.au (and any associated device applications) (Skip) is a platform provided by Skip Zero Pty Ltd (us, we) that allows Users to order and collect food and beverages, order from their table or order delivery from local venues. By using Skip, you agree to these Terms and Conditions.

1. Definitions

●    Equipment means the Retail Stock, the Float Stock, printer/tablet with sim card and the NFC reader. 
●    Offers means the food and / or beverages offered by you to Users through Skip
●    Order means the food and / or beverages purchased from you by a User through Skip.
●    Payment Schedule means our schedule of fees and commission as provided by us to you. 
●    Services means both the Skip and Skip Zero Services.
●    Skip Services means the access and use of Skip, Skip equipment and any information, services, features or resources available on Skip, excluding the Skip Zero Services.
●    Skip Zero Services means the access and use of the swap and go cup services, Skip Zero equipment and Skip Zero information through Skip.
●    User means any individual capable of entering into contracts, who visits Skip or has a Skip account.
●    User Content means all content provided by a User on or through Skip, including in-order messages.
●    Your Content means all content that appears on Skip in relation to your Offers – including in relation to pricing, discounts, savings, fulfillment times and location.
●    Doshi means a software company, independent from Skip, who provide a Point-of-Sale (POS) integration solution with Skip.  Skip partners with Doshii for a number of POS integrations.
●    Gross Order Revenue (GOR) means the value of Orders sold via Skip.  
●    A Takeaway or and/or Delivery Order is defined as a pre-order that is consumed off-premise.
●    A Table Order is defined as an order that is consumed on-premise.
●    An Event Catering (Catering) order is defined as pre-order of bulk items which are consumed off-premise and has a minimum order value of $100.00 per order. 

2. How it works

Skip

Users can select and purchase your Offers from you and collect their Order from you at a designated time or have their Order delivered by you to a location in your venue (eg table) or external location (delivery).  Users pay us when they Order and we will transfer any funds to your nominated bank account on a weekly basis. 

Skip Zero

We also offer a swap and go reusable cup program through Skip, called Skip Zero which you can offer your customers. Users can join the Skip Zero program by purchasing a subscription via Skip and collect their first Order in a brand-new Skip Zero cup (with lid).  For future Skip Zero Orders, Users will select ‘Skip Zero Cup’ in Skip, and exchange their Skip Zero cup (washed or unwashed – and hang on to their lid) when they arrive for the freshly brewed coffee in a clean Skip Zero cup

Skip Integration with 3rd Party Point-of-Sale Systems

Skip offers integration with a number of point-of-sale systems via 3rd party providers including Doshii.  Where you choose to use an integration partner with Skip you also agree to the 3rd party’s Terms and Conditions.  Should you choose to utilise Doshii integration with Skip you agree to their Terms and Conditions outlined at www.doshii.com/en-au/merchant-terms.

3. Finance Stuff

Our fees for the Services are set out in the Payment Schedule, available on our website or as otherwise provided by us to you.  If we make a change to the Payment Schedule, we will provide you with at least 21 days prior notice of that change. 

Skip

The Skip Service Fee will be charged weekly unless you cancel the Skip Services. The amount you pay is calculated based on the value of the Orders you receive as outlined in the Payment Schedule.  

We will either deduct the Skip Service Fee from the purchase value of Orders sold and will transfer any remaining balance to your nominated bank account or, if agreed by us, charge your nominated credit card. 

Where the nominated bank account provided by you is not valid and you do not receive the amount transferred to you, it is your responsibility to provide us with a valid bank account prior to any further transfers being attempted.  Any past transfers which failed will only be reattempted if and when the funds are returned to us via our banking facility. Payments not received back by us will not be paid to you. A Failed Payment Retrieval Fee as set out in the Payment Schedule may be charged prior to us investigating and attempting retrieval of missing funds. 

Onboarding Fees

• Skip - menu creation and editing, photography administration, supply of Skip signage, consumer flyers and other onboarding related services.
• Point-of-Sale Integration (POS) - menu creation and/or integration with your POS supplier, liaising with your POS provider, resolving any content mismatches with your POS system, photography administration and other POS onboarding related services.
• Skip Zero – Additional menu editing and photography administration (which may be in addition to Skip Onboarding or POS Integration outlined above), supply of Skip Zero Cups and NFC reader and other Skip Zero onboarding related services.

You agree to pay the Onboarding Fee outlined in the Payment Schedule which we will either deduct from the purchase value of Orders sold on Skip or, if agreed by us, charge your nominated credit card. Where payment is not made by a nominated credit card and the Onboarding fee is greater than the value of Orders sold on Skip you agree we can continue to deduct the Onboarding fee from future Orders on Skip until fully paid, or where no orders are processed on Skip you agree to pay the fee via invoice within 7 days of receipt.

Skip Zero

The Skip Zero Sign Up Fee will be charged when you sign up to the Skip Zero Services. The Skip Zero Service Fee will be charged to your credit card on a monthly basis unless you cancel the Skip Zero Services.  

When you join the Skip Zero program, you will receive the Skip Zero Starter Pack which includes:

• 30 cups and lids for you to provide to new subscribers to Skip Zero who place their first Skip Zero order with you (Retail Stock);

• 12 cups (no lids) for you to maintain and exchange with Skip Zero subscribers (Float Stock)
• 5 coasters for you to retain; and
• the NFC reader for you to scan the Skip Zero cups.

While the Skip Zero cups are in your possession, they are on consignment from us. If you’re running low on Retail Stock, you can order another shipment by emailing support@skip.com.au .

Skip Integration with Point-of-Sale Systems

Where you choose to integrate your Point-of-Sale via Skip under this agreement you agree to pay Skip for all Integration fees, including any set-up fee and ongoing weekly subscription fees as outlined in the Payment Schedule.

Printer and Order Fulfilment Devices

To help you manage your Orders, we may at our discretion, agree to provide you a device for a fee that is WI-FI enabled.  You are responsible for connecting the device to your own WI-FI network.  If this device is supplied with a mobile network connection you must only use the mobile network connection to manage your Orders.  If you use it for other purposes, we may terminate your mobile network connection. 

You agree to pay the applicable Default Fee if you damage (other than fair wear and tear) or fail to return our Equipment (i.e. the Retail and Float Stock, NCF reader and leased WI-FI printer or device with mobile network connection) in accordance with these terms and conditions.  If we determine, at our discretion, that any damage is repairable, we may charge you the costs we incurred for repairs rather than the full Default Fee. 

Refunds

If we process any refunds at your request (other than refunds of alcohol in accordance with these terms and conditions), we may charge you a Refund Fee in addition to the Skip Service Fee.

Goods and Services Tax (GST)

Unless stated otherwise, all amounts or fees in relation to Skip do not include any GST. Where we make a taxable supply to you and the consideration for that supply does not expressly include GST, you must also pay us an amount equal to the GST payable by us. Subject to first receiving a tax invoice from us, you must pay the GST amount when you are liable to provide us with consideration.

If either of us must indemnify or reimburse the other (Payee) for any loss or expense incurred by the Payee, the required payment does not include any amount which the Payee (or an entity that is the same GST group as the Payee) is entitled to claim as an input tax credit, but will be increased under this clause if the payment is consideration for a taxable supply.

4. Your Content and Offers

Responsibility for Your Content

You agree and acknowledge that you are responsible for:

• the accuracy of Your Content, including the availability of Offers and any material terms that apply to your Offers. If we update Your Content at your request, we will notify you when the update has been published. You must review the update and notify us if any corrections are required.
• fulfilling your Orders in a timely matter; and
• handling all customer enquiries and complaints in relation to your Offers and Orders. We are not responsible for refund requests from Users in relation to your Orders. Your refund policy is your responsibility. If you choose to refund a User, you must do this through us and you remain responsible for paying the Skip Service Fee in respect of that Order. You must not make any representation that we are responsible for your refund requests

You acknowledge and agree that your Offers are not endorsed by us and that we do not make any warranties or bear any responsibility in relation to your Offers or Orders. 

Offering Alcohol through Skip 

You may offer alcohol as part of your Offers if you are licensed to do so. You agree that you will only make an Offer or accept an order for liquor if that order is taken or received at your licenced premises, unless your licence specifically supports delivery external to your premises.

You agree to comply with the terms of your liquor licence and all legal requirements in your offering and supply of alcohol. This includes, but is not limited to refusing to provide alcohol to a User where:

• The user is or appears under 18 and cannot provide legally acceptable proof of age;
• The user appears to be intoxicated;
• The user is disorderly; or
• It is outside the trading hours listed on your liquor licence

Additionally, you agree to upload any current liquor licence details for your premises into the Skip Merchant portal and keep such information current. Skip may display such information to Users.

If you refuse to supply a User with an alcohol Order in accordance with your legal requirements, you must immediately notify us through the use of the approved mechanism and we will refund the purchase price paid by the User for the alcohol Order. You will not be charged any fees on that cancelled alcohol Order.

We will not check that your Offers or Your Content comply with legal requirements. You acknowledge and agree that we are not liable for any failure to comply with any applicable legal requirements, and that, at most, we act only as your agent in your transactions or advertisements involving alcohol.

If you fail to comply with these alcohol supply terms, we may immediately suspend your Skip account, remove or amend your Offers or Your Content, and take any other steps we deem reasonably necessary.

Marketing Materials

You agree to install a minimum amount of Skip Marketing Materials designed to ensure consumers are aware you are available on Skip. This includes:

1. Window sticker/s or similar
2. Skip consumer brochures or cards placed on your front counter
3. ‘Skip Pick-Up Here’ counter sign (if offering Pick-Up)
4. Skip QR Codes on tables (if offering Table Ordering)

Skip will provide the Marketing Materials as soon as practical after agreeing to use Skip and you agree to install them within 7 days of receipt. Should you require additional or replacement marketing materials please email support@skip.com.au. Skip reserves the right to change, substitute or discontinue any marketing materials at any time.

Promotions / Offers

You agree to immediately notify us if you suspect fraudulent or abusive activity in connection with the promotion/offer. If we suspect fraudulent or abusive activity, you will cooperate with us in any investigation and use any fraud prevention or other measures we prescribe. We reserve the right, at our sole discretion, to disqualify you if we suspect you have tampered with any aspect of the promotion/offer, or if we believe you have acted in an improper or disruptive manner, and to seek damages from you to the fullest extent permitted by law.

If you participate in any opt-in promotions, you also agree to comply with any additional terms and conditions that apply to that promotion.

Communicating with you

By using Skip you agree to subscribe to electronic messages from Skip or it’s affiliates (including email, SMS or push notifications, where applicable) as part of the normal operation of Skip.  This may include messages that are important to your use of Skip or promotional messages.

You can unsubscribe from promotional email and SMS messages by following the instructions in these messages.  You can turn off push notifications on your device.   You acknowledge should you choose to opt out of these messages it may impact your use of the Skip service.

You cannot unsubscribe from transactional messages order notifications, receipts, invoices, product updates or other important notifications required to provide you with the Skip service.

By using Skip you agree to Skips Privacy Policy at www.skip.com.au/privacy.

5. Your Responsibilities

Your warranties 

By using any part of the Services you warrant and represent that:

• You have the right to enter into this agreement;

• You will comply with these terms and conditions and all applicable law;

• You or your licensors own all intellectual property rights in Your Content and have obtained any necessary consent to allow us to display Your Content;

• Nothing in relation to your Offers or Your Content breaches any laws or infringes any rights of third parties;
• Nothing in relation to your Offers or Your Content is inappropriate, offensive, unsuitable for minors, obscene, indecent, defamatory, misleading or deceptive or likely to mislead or deceive;
• You will not interfere with anyone else’s use of Skip, including sending spam;
• You will not copy, scrape or reproduce content from Skip including information about third parties without their consent;
• You will comply with our reasonable instructions (as set out on Skip or as otherwise communicated by us to you) and provide us with all necessary information we require to provide the Services to you; 
• You will not disclose your Skip log in details to any third party; and
• You have registered as a food business (unless registration is not required).  
• You have the necessary liquor licence to sell or supply alcohol on Skip (unless a licence is not legally required).

Skip Zero 

You agree to:

• wash the Skip Zero cups in a commercial dishwasher at a minimum temperature in compliance with food safety standards and a maximum temperature of 65°C – don’t wash by hand as this can damage the surface;
• to scan each Skip Zero cup using your NFC reader as it enters or leaves your possession;
• maintain a reasonable amount of Retail Stock and Float Stock;
• maintain the Skip Zero cups and NFC reader in good working order (subject to any fair wear and tear); and
• to promote the Skip Zero program to your customers.

6. Your Failure to Comply 

Our Right to Suspend or Terminate 

If you fail to comply with these terms and conditions, we may suspend or terminate your access to all or part of the Services, remove or amend your Offers or Your Content, and take any other steps we deem reasonably necessary and reserve the right to take any appropriate steps at law to protect our interests or those of third parties.

Your Indemnity in Favour of Us

You agree to indemnify us against all claims, demands, damages, costs, penalties, suits caused directly or indirectly by your act or omission or any breach by you of these terms and conditions, including but not limited to the warranties given by you.

7. Our Warranties and Limitation of Liability 

Our Warranties 

Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded) and your rights under statutory guarantees provided under the consumer protection laws, We provide no warranties or guarantees to you (including in relation to the performance of Skip).

While we use due care and skill in relation to the provision of the Services, neither we nor our related bodies corporate warrant or guarantee that Services will be free from errors or omissions or provided to you within a particular time. 

Our Limitation of Liability

If we fail to comply with a statutory guarantee (if it applies) or any term of this agreement, then we limit our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to either supplying the relevant Services again, free of charge to you or paying you the cost of having the relevant Services supplied again.

You agree that apart from your rights set out, we will not be liable for any loss, damage claim, or demand incurred or made by any person (whether based in tort, contract, statute or otherwise) arising out of in connection with the supply of the Services or from exercising any of our rights in relation to the Services.

8. General Terms

Intellectual Property

You grant us and our related bodies corporate a royalty free licence to use, reproduce, modify, adapt, communicate to the public the content that you provide to us or we collect from you for the purposes of promoting Your Content on Skip. You agree that we, or a related body corporate, own all intellectual property rights in Skip.

Confidential Information

All information disclosed by us to you is confidential and must not be disclosed by you (or your employees, advisors or contractors) to any third party except where the information is already known to you, has been lawfully obtained by you from another source, is or becomes publicly known through no wrongful act of you or must be disclosed pursuant to any obligation you have at law. You may only use confidential information that we disclose to you for that purpose that it was provided. 

Privacy

We collect, use and disclose personal information as set out in Our Privacy Statement. You agree that you will only use or disclose personal information (as defined within the Privacy Act 1998) of Users for the purpose of providing, administering and managing your Orders or as required by law.

Cancellation

You may cancel the Skip Service, Skip Zero Services or Skip Integration with 3rd party Point-of-Sale at any time by emailing support@skip.com.au. We will process cancellation requests as follows: 

• Skip: at the end of the next weekly period (or immediately if cancelled during a trial period).  If you have a Skip Zero Service, we will automatically cancel your Skip Zero Service at the same time.  
• Skip Zero only: at the end of the next monthly period.  We will not refund any fees paid prior to cancellation.
• Skip Integration with Point-of-Sale.  Separate to the 3rd party Point-of-Sale Terms you may cancel your integrated service from Skip at any time by providing 45 days written notice of cancellation. You are liable for all fees incurred for the integration up until your termination date including any set-up fee and weekly subscription fees. 
  
  If you cancel the Skip services you agree to return our Equipment, including any Leased printer/s (if supplied) and marketing collateral provided to you by Skip (ie. Point of sale material, signage etc).  Should you fail to return this equipment you agree to pay the Default Fees outlined in the Payment Schedule within 7 days of invoice.
  
  If you cancel the Skip Zero Services, you’ll need to return our Equipment (excluding Retail Stock and Float Stock provided to Users).  If you do not do this within 10 days of the cancellation, we may charge a recovery fee or the applicable Default Fees.

Assignment 

You may not assign, delegate or transfer this agreement in whole or in part, without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction.

Changes to these terms and conditions

We may change these terms and conditions at any time. We will give you reasonable prior notice of any such change. 

Payment Schedule

Service Fees

Skip applies the Tiered Rate Card outlined below for its Service Fees based on your Gross Order Revenue (GOR) processed on Skip per week. Takeaway and/or Delivery fees are calculated independently from Table Ordering and/or Catering GOR fees, per the applicable rates in each category below. The two GOR’s cannot be combined.

The Tiered Rate Card is applied automatically each week to your GOR processed via Skip. When you have achieved a new higher GOR tier two weeks running Skip will adjust the fees charged to the new tier per the rate card below from the following Monday onwards.

Please note; If you reduce your GOR processed via Skip to a new lower tier two weeks running Skip will adjust the fees charged to the new tier from the following Monday onwards.

GOR is calculated from Monday to Sunday per location.