Terms and Conditions

1. Introduction

1.1 Purpose
Welcome to Skippers Delivery (the “App” or “Service”), owned and operated by Live Skippers International OU (“Company,” “we,” “us,” or “our”), an entity established under the laws of Estonia. The App connects users in Kenya (“Users”) with various restaurants (“Restaurant Partners”) for the purpose of ordering meals and coordinating delivery services.

1.2 Acceptance of Terms
By accessing or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with these Terms, please do not use the App.

2. Definitions

  • “User,” “you,” “your” refers to any individual or entity in Kenya that downloads, accesses, or uses the App.
  • “Restaurant Partner” means a restaurant or eatery in Kenya partnering with the Company to list and sell food items through the App.
  • “Delivery Partner” means any third-party logistics provider or independent contractor that facilitates the delivery of orders from the Restaurant Partner to the User.
  • “Order” refers to any request submitted by a User to purchase food and/or beverages from a Restaurant Partner via the App.

3. Eligibility

3.1 Legal Capacity
To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction) and capable of entering into a legally binding contract. By registering an account or placing an Order, you represent and warrant that you meet these requirements.

3.2 Account Registration

  • You may need to create an account to use certain features of the App.
  • You agree to provide accurate, current, and complete information during registration and to keep such information updated.
  • You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account.

4. Our Services

4.1 Service Description
The App provides an online marketplace that allows Users to browse, select, and purchase meals from Restaurant Partners. The App also facilitates the delivery of these Orders through Delivery Partners.

4.2 Role of the Company

  • The Company is an intermediary platform connecting Users and Restaurant Partners. The Company itself is not a restaurant, food provider, or delivery service.
  • The Company does not have control over and does not guarantee the existence, quality, safety, legality, or suitability of any food items offered by Restaurant Partners.

4.3 Territorial Limitations
While the Company is based in Estonia, the Services provided via the App are intended for Users in Kenya. The Restaurant Partners listed on the App are located in Kenya, and deliveries can only be made within the regions specified by each Restaurant Partner.

5. Orders and Payment

5.1 Placing an Order

  • When you place an Order, you agree to pay the price indicated in the App for those items (including any applicable delivery fees, taxes, or other charges).
  • All Orders are subject to acceptance by the relevant Restaurant Partner. Restaurant Partners may reject or cancel Orders for reasons such as unavailability of items, force majeure events, or operational constraints.

5.2 Pricing

  • All prices are displayed with relevant currency shown.

5.3 Payment Methods
Our Restaurant partners accept a variety of payment methods as displayed at checkout.

By providing your payment information, you represent and warrant that you have the legal right to use the designated payment method.

5.4 Billing and Receipts
Upon successful payment, an electronic receipt may be generated and sent to the email or phone number associated with your account.

6. Delivery

6.1 Delivery Partners
Delivery of Orders is facilitated by third-party Delivery Partners. Estimated delivery times displayed in the App are only indicative and are not guaranteed.

6.2 Delivery Address
You are responsible for providing an accurate and complete delivery address or location. The Company and its Delivery Partners are not liable for late or failed deliveries arising from incorrect or incomplete address details.

6.3 Failed Delivery
If a Delivery Partner cannot complete the delivery due to your absence, unavailability, or other reasons within your control, you may incur additional fees or forfeit your Order, at the discretion of the Restaurant Partner.

7. Order Cancellation and Refunds

7.1 Cancellation by User

  • You may cancel your Order if the Restaurant Partner has not begun preparing it by contacting them directly.
  • Once the preparation has started, cancellation may not be possible, or you may be charged a cancellation fee.

7.2 Cancellation by Restaurant Partner or Delivery Partner

  • Restaurant Partners or Delivery Partners may cancel your Order due to reasons including unavailability of items, force majeure, or operational issues.
  • If an Order is canceled for reasons unrelated to your actions or negligence, you will be entitled to a full refund.

7.3 Refund Policy

  • Refunds will be issued, where applicable, through the same payment method used to place the Order, unless otherwise agreed.
  • Processing times for refunds may vary depending on your payment method provider.

8. User Conduct

8.1 Prohibited Activities
You agree not to:

  • Violate any applicable Kenyan laws or regulations.
  • Use the App for any fraudulent or illegal purpose.
  • Post or transmit unlawful, abusive, defamatory, obscene, or otherwise objectionable content.
  • Impersonate any person or entity.
  • Interfere with or disrupt the App’s systems and security.

8.2 Reviews and Ratings
If you choose to leave a review or rating of a Restaurant Partner, you agree that such content will be accurate, truthful, and not abusive or defamatory. We reserve the right to remove or moderate reviews that violate these Terms or applicable law.

9. Intellectual Property

9.1 Ownership
All intellectual property rights in and to the App—including but not limited to trademarks, logos, text, graphics, software code—are the property of the Company or its licensors.

9.2 Limited License
Subject to your compliance with these Terms, the Company grants you a non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.

9.3 Restrictions
You shall not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any portion of the App’s content without express prior written permission from the Company.

10. Privacy and Data Protection

10.1 Data Collection
Your use of the App may involve the collection and processing of personal information such as your name, address, contact details, and payment information. We collect and process this information in accordance with our privacy Policy.

10.2 Applicable Law
Given the Company is based in Estonia, your personal data may be subject to the General Data Protection Regulation (GDPR). We strive to comply with all local legal frameworks to the extent they apply to our operations.

10.3 Consent
By using the App, you consent to the collection, storage, and processing of your personal data in accordance with our Privacy Policy, including cross-border data transfers, if any to the EU.

11. Disclaimer of Warranties

11.1 As-Is Service
The App and its Services are provided on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, whether express, implied, or statutory, regarding the availability, reliability, or accuracy of the App or the Services.

11.2 No Warranty for Restaurant Partner Products
The Company does not warrant the quality, safety, or legality of any food items provided by Restaurant Partners, nor does it guarantee that they will meet your expectations.

11.3 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, or civil unrest.

12. Limitation of Liability

12.1 Indirect Damages
To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits or data, even if we have been advised of the possibility of such damages.

12.2 Cap on Liability
The Company’s total liability to you for any claim arising out of or relating to these Terms or the App shall not exceed the total amount paid by you in connection with the Order giving rise to such claim or EUR 1, whichever is less.

12.3 Consumer Rights
Nothing in these Terms excludes or limits any consumer rights under mandatory EU or local laws that cannot be waived or limited by contract.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, agents, and partners from any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  1. Your use or misuse of the App,
  2. Violation of these Terms,
  3. Infringement of any third-party rights, including intellectual property or privacy rights, or
  4. Violation of any applicable law or regulation.

14. Governing Law and Dispute Resolution

14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Estonia.

14.2 Dispute Resolution

  • Amicable Settlement: The parties shall first endeavor to resolve any dispute, controversy, or claim arising out of or relating to these Terms through good-faith negotiations.
  • Arbitration: If negotiations fail, the dispute shall be referred to binding arbitration in Estonia, subject to mutual agreement.
  • Court Jurisdiction: In the event arbitration is not feasible, you agree to submit to the jurisdiction of the competent courts in Estonia. However, consumers may have the right to bring claims before local courts under local consumer protection laws.

15. Termination

15.1 By the Company
We may terminate or suspend your account or access to the App at any time, with or without notice, if you breach these Terms or engage in any fraudulent or unlawful activities.

15.2 By the User
You may discontinue using the App at any time by closing your account or ceasing access to the App.

15.3 Survival
Provisions regarding intellectual property, limitations of liability, indemnification, and dispute resolution shall survive any termination of these Terms.

16. Changes to These Terms

We reserve the right to modify or update these Terms at any time. If we make material changes, we will notify you via email, push notification, or by posting a prominent notice in the App. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes.

17. Miscellaneous

17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or policies published by the Company, constitute the entire agreement between you and the Company concerning the use of the App.

17.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be deemed severable, and the remaining provisions shall remain in full force and effect.

17.3 No Waiver
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

17.4 Assignment
We may assign or transfer our rights and obligations under these Terms to another entity. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the App, you may contact us at:

  • Company Name: Live Skippers International OU
  • Address: Parnu mnt, Tallin, ESTONIA
  • Email: legal@teamskippers.com