Terms and Conditions

Restaurant Agreement
This Restaurant Agreement presents a agreement made between Restaurant, and Skyfood, regarding the Restaurant's use of:
  1. SkyFood website, currently located at SkyFood.dk
  2. SkyFood mobile aplication and
  3. Other media or media channels, devices, software, or technologies as SkyFood may choose from time to time.
(in the text below Skyfood Services)
By signing the contract with Skyfood, Restaurant accept the terms and conditions set out in this agreement.
Restaurant information
The Restaurant agrees to provide, maintain and update their own information for so long as this Agreement is valid. This information is regarding the Restaurant which is requested during the registration process.
Skyfood may perform a variety of marketing activities to promote the Restaurant and the Restaurant's menu, depending on the agreement with restaurants.
The Restaurant will provide Skyfood with the Restaurant's current menu, and any updates, changes, or modifications and additions (the "Restaurant Menu"), in such format as is requested by SkyFood, for website and mobile application or for any marketing or advertising activities undertaken by Skyfood, in its sole and absolute discretion.
Restaurant guarantees that the Skyfood service will use without compromising Skyfood trademarks, trade names, service marks, logos, telephone numbers, and addresses for any purpose, including marketing, commercial, advertising, promotional activities or otherwise, in connection with the Website or other Skyfood application.
Skyfood does not assert any ownership over the Marketing Materials, and subject to the rights granted to the Restaurant shall be the owner of its Marketing Materials and the intellectual property rights associated thereto.
The Restaurant acknowledges and agrees that the Customers of the Skyfood Services may place orders with the Restaurant, through the Skyfood Website, mobile application or other media or media channels, devices, software, or technologies as may be included within the Skyfood Services, for the food online ordering. The ordering process is explained on the page Terms and Conditions.
When the Restaurant provides a Customer with the applicable Customer Order (either via collection or delivery), the Restaurant agrees to have the copy of the Customer Order Form, from the current month. The Restaurant agrees to send monthly reports of realizing orders until 5 th of the month for the previous month, based on which will be made invoicing.
GPRS Printer
Part of the online food ordering process from the restaurant's is gprs printer. Gprs printer is located in the restaurant and through it is perform communication between the customer and the restaurant. Customer orders through the website, application or SMS, a request arrives at the printer in a restaurant, after which the restaurant accepts or rejects the order. Customer will be notified by SMS about the status of their order (accepted or rejected) within 1 minute of the activities in the restaurant.
The customers pay their orders directly to the restaurant or couriers who delivers food. Orders can be paid in cash or by credit card at whichever restaurant supports.
Payment
Skyfood must invoice the Restaurant for the Commission Percentage due on applicable Customer Orders, and the Restaurant shall pay such invoice within fourteen days of receipt.
Payment shall be made within 14 days of receipt of the applicable invoice. Payment for the restaurant's service operation, will be settled every 30 days.
The commission that the restaurant should pay to the Skyfood depends on the package of services for which the restaurant chooses. The restaurant has chosen the following Product Package:
  1. Skyfood Standard Package
  2. Skyfood on Custom website
  3. Custom website development
All packages include the costs of Deposit - for the printer, annual fee, Service Operation X% of the customer's order ex. VAT. Service Operation % depends on agreement with the restaurant. The Service Operation % shall mean of Restaurant’s Sales that is attributable to any order through the SkyFood.
Restaurant Representations, Warrants, And Covenants
The Restaurant guarantees that:
  1. the prices charged to Customers through the Skyfood will not be higher than those charged to customers that place orders directly with the Restaurant;
  2. it will prepare, sell, market, and provide all foods, with all, state, and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing, safety, and as otherwise applicable to the Restaurant's operation of its business;
  3. it will not offer for sale any potentially hazardous food, alcoholic beverage, tobacco product, or any other item prohibited by law or by Skyfood's Privacy policy;
  4. it bears all risks to persons and property arising from its (or its employees' or service providers') contact therewith, and waives, and agrees to indemnify Skyfood for, any and all claims relating thereto against Skyfood;
  5. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of the Restaurant's Marketing Materials in accordance with the rights and licenses specified by the contract with Skyfood, does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
  6. The Restaurant's Marketing Materials do not violate any state law, rule, or regulation applicable thereto, including with respect to electronic advertising.
SkyFood Content
All of the Website content are included in the Skyfood Services (including without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics), including the trademarks, service marks and logos contained therein, are owned by Skyfood, and are subject to copyright and other intellectual property rights under laws and international conventions.
Everything that belongs under the trademark Skyfood may not be copied, imitated, or used, in whole or in part, without the prior written permission of Skyfood.
The Restaurant agrees not to circumvent, disable or otherwise interfere with any security related features of the Website or the Skyfood Services, or any other features that seeks to either prevent or restrict the use or copying of any Skyfood Content or enforce limitations on use of the Website, the Skyfood Services, or the Skyfood Content.
Customer personal data
This Privacy policy explains how we, SkyFood.dk, use your personal data that you provide when using our site, mobile apps or order via sms.
The Restaurant agrees that will only use the Customer personal data for the realization of placed orders and in complying with the Restaurant's obligations in this Agreement. The Restaurant agrees that Customer Data will not be used to enhance any file or list of the Restaurant or any third party. The Restaurant represents, warrants, and covenants that it will not resell, broker or otherwise disclose any Customer Data to any third party, in whole or in part, for any purpose. The Restaurant agrees that it will not copy or otherwise reproduce any Customer Data other than for realization of placed orders. The Restaurant (and any other persons to whom the Restaurant provides any Customer Data) will implement and comply with security measures in protecting, handling, and securing the Customer Data. If any Customer Data is collected by the Restaurant (or otherwise on its behalf), the Restaurant shall ensure that it (and any applicable third parties) adopt, post, and processes the Customer Data in conformity with an appropriate and customary privacy policy.
For purposes of this Agreement, the restrictions set for the Restaurant's use of Customer Data do not apply to:
  1. data from any customer who was a customer of Restaurant prior to the Restaurant using the Skyfood Services, but only with respect to data that was previously provided to the Restaurant by customer;
  2. data supplied by a customer directly to the Restaurant who becomes a customer of the Restaurant and who accept to receive notification from the Restaurant for the marketing purposes; and, provided in all cases, that the Restaurant uses Customer Data in compliance with applicable Laws and the Restaurant's posted privacy policy.
Term And Termination
This Agreement is effective upon the Restaurant's initial Registration and signing contract process and will remain in full force and effect for so long as the Restaurant is included on the Website as part of the Skyfood Services.
Either Skyfood and the Restaurant may terminate this Agreement any time, for violation of the contract, with notice by providing written notice to the other. Neither side contract shall have any liability to the other side for damages suffered by a side as the result of any such termination. Skyfood will, as soon as practicable following such termination (or notice thereof, if terminated by the Restaurant), remove the Restaurant from Skyfood Services and the Website.
Upon termination, each party shall promptly pay to the other amounts owed for applicable Customer Orders prior to such termination.
All the rights and obligations of both sides are defined in the contract.
Disclaimers
In accordance with the law, Skyfood and its affilites disclaim all warranties, in connection with this agreement, the website and the Skyfood services and any use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Skyfood makes no waranties or representtion about the accuracy or completeness of the website's or the Skyfood services' content or the content of any other websites linked to the website, and assumes no liability or responsibility for any:
  1. errors, mistakes, or inaccuracies of content and materials,
  2. personal injury or property damage, of any nature whatsoever, resulting from the restaurant’s access to and use of the the Skyfood service,
  3. any unauthorized access to or use of Skyfood servers and/or any and all personal information and/or financial information stored therein,
  4. any interruption or cessation of transmission to or from the website or otherwise with respect to the Skyfood services,
  5. any bugs, viruses, or the like which may be transmitted to or trough the Skyfood services by any third part,
  6. any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Skyfood services.
If there is a dispute between the Restaurant and a Customer, Skyfood is under no obligation with respect thereto, and the Restaurant releases Skyfood from liability.
All questions of law, rights, and obligations regarding any act, event or occurrence relating to this Agreement, the Skyfood Services shall be governed and construed by the law of the country in which it is used Skyfood system.
Any legal action of whatever for or against Skyfood which are related in any respect to this Agreement, shall be implemented in the applicable state courts located of the country in which it is used Skyfood system, and the Restaurant agrees that this is the only place for resolving disputes.
Indemnity
The Restaurant agrees to defend, indemnify and hold Skyfood from and against, any loss, damage, liability, or demand, including attorneys' fees and expenses, made by any party or any breach by the Restaurant of this Agreement.
Skyfood reserves the right, at the Restaurant's expense, to assume the exclusive defense and control of any matter for which the Restaurant may be required and the Restaurant agree to cooperate with Skyfood' defense of such claims. Skyfood will use reasonable efforts to notify the Restaurant of any such claim, action, or proceeding which may be subject to this indemnification upon Skyfood.
Notices
Any notices given to Skyfood shall be given by email to support@skyfood.dk
Any notices given to the Restaurant shall be to the email address provided during the Registration Process, which can be seen on the restaurant page on the website;
Contact details can be viewed on the Contact us.
Miscellaneous
This Agreement constitutes the entire agreement between the Restaurant and Skyfood regarding the use of the Skyfood Services; provided, that the Restaurant's use of and access to the Website and the Skyfood Services shall also be subject to the Terms and Conditions.
The failure of Skyfood to exercise or enforce any right of this Agreement shall not operate as a waiver of such right. The section titles in this Agreement are for convenience only and have no legal or contractual effect. All rights and obligations are defined by the contract, which have to be signed by Skyfood and restaurant
Modifications
Skyfood may modify this Agreement from time to time, and any changes will
  1. be reflected on the Website,
  2. restaurants will be notified in writing of any changes
  3. not apply retroactively, and
  4. not apply to any disputes arising prior to the effective date of such change.
The Restaurant understands the importance of regularly reviewing this Agreement, in case of any change, and accept to update on the Website the Restaurant's contact information.
Skyfood reserves the right to, at any time and from time to time, change, alter, modify, suspend, discontinue, or otherwise amend, temporarily or permanently, the Skyfood Services (or any part thereof) with notice. The Restaurant agrees that Skyfood shall have no liability to the Restaurant or to any third party for any change, alteration, modification, suspension, discontinuance, or amendment of the Skyfood Services.