These Terms of Service (“Terms”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by HK PICK-UP Limited.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES.
1. Definitions and Interpretation
(a) In these terms and conditions, the following definitions and rules of interpretation apply unless otherwise defined or the context requires otherwise: “We”, “Ours”, “Pickupp” refers to HK PICK-UP Limited, a company incorporated in Hong Kong;
“Services” means any and all services provided by us to you as defined in section 2 below;
“Applications” means the Pickupp’s web-based and mobile application supplied by us and downloaded and installed by you on your electronic device through which you may obtain the Services;
“Delivery Agent” means the independent third party who offers delivery services and may be requested through the use of our Applications and Services;
“Advertisement” means any promotion messages and information that may appear on your mobile device during the operation of the App;
“Hong Kong” means Hong Kong Special Administrative Region of the People’s Republic of China;
(b) Headings are for convenience only and do not affect interpretation. The singular includes the plural and the masculine shall include the feminine and neuter and vice versa.
(c) A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(a) The Services we provide is to offer a technology platform via our Applications for you to post the details of your delivery needs and to distribute the details of your delivery needs you posted to independent Delivery Agents. As part of the Services, we also provide certain information in regards to the Delivery Agents who accepted your posting, including the name, location, vehicle identification, and ratings. The Delivery Agents have the sole discretion to accept or reject your request;
(b) You acknowledge and agree that we only act as an intermediary between you and the Delivery Agents and we are not your agent or the agent of the independent Delivery Agents and that we are not a delivery company, a courier company and do not provide delivery services;
(c) We are not responsible for the behavior, negligence, conduct, actions or inactions on the part of the Delivery Agents that you may use via your posting on our Applications. Any contract for the provision of transport and logistics services is between you and the independent Delivery Agents and not us. We shall never be a party to any agreement (to be) entered into between you and any Delivery Agents. If you have any complaint in relation to the delivery services provided then that dispute must be taken up with the Delivery Agent directly;
(d) You must safeguard any login name and password that we may provide you to access our Applications and Services and shall not disclose them to third parties; and
(e) We shall assume that any person using your electronic device to access our Applications and Services, your username and password is you or a person authorized by you.
3. License of Applications
(a) You are permitted to install and use a copy of the Applications for your own personal, non-commercial use provided that you comply with all of the Terms of this section;
(b) Your use of our Applications grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trade marks, logos, graphics, photographs, animations, videos and text or rights in and to the App and applications) or the intellectual property of our retail or advertising partners, other than the non-transferable, personal right to use and receive the Services in accordance with these Terms;
(a) You are not permitted to lease, rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit the Applications to any third parties;
(b) You are not permitted to remove any copyright, trademark or other proprietary notices from any portion of the Services;
(c) You are not permitted to modify, adapt, reverse engineer, decompile, disassemble, translate the Applications or create derivative works based on the Applications;
(d) You are not permitted to create Internet “links” to the Services or “frame” or “mirror” any App on any other server or wireless or Internet-based device;
(e) You are not permitted to cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(f) You shall not attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks
(g) You agree not use the Applications as a template to design or build a competitive product or service, or product using similar ideas, features, functions or graphics of the Applications, or copy any ideas, features, functions or graphics of the Applications;
(h) You shall not interrupt the normal operation of the Applications, or use any methods to extract and alter the source code of the Applications; and
(i) You shall not upload or send out any kinds of computer viruses, worms, trojans, or malicious codes.
5. Terms of Usage
You agree, represent and warrant:
(a) that all the information and details provided by you to us in your registration, updates and communication, either through the Applications or other means are true, accurate, complete and up-to-date in all respects and at all times;
(b) that the delivery item is securely properly and sufficiently packed, labelled and/or prepared in a case, wrapper or container appropriate to the nature and weight of the delivery item such that no part of the Delivery Item may be removed without the case, wrapper or container being torn or broken, a seal being broken or two adhesive surfaces being forced part. In the event that packing of the Delivery Item is deemed by Pickupp to be unsuitable for transportation, you shall, upon notification by Pickupp, re-pack the delivery item in a suitable case, wrapper or container in accordance with Pickupp’s directions. Pickupp shall not be liable for loss or damage arising from insecured, insufficient and/or improper packing;
(c) that the delivery item is adequately packed in a case or container of sufficient durability and strength so as to protect against damage to the contents during the course of delivery and shall be encased in or surrounded by sufficient and suitable protective material inside that case or container and that such delivery item is marked in a delivery request with “FRAGILE” in the case of a delivery item of a fragile nature and prominently displayed on the packaging of a delivery item.
(d) you will not use our Applications and Services: for any unlawful purpose; in any way that interrupts, damages, impairs or renders our Services less efficient; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to advertise or promote third party or your own products or services;
(e) to comply with all applicable laws while using our Applications and Services;
(f) you will not use the Applications and Services to cause nuisance, annoyance or inconvenience;
(g) that all the information and details provided by you to us in your orders, either through the Applications or other means are true, accurate and complete in all respects and at all times. You agree to compensate us and the Delivery Agents for all additional Charges incurred in the event when information and details related to your orders are inaccurate or incomplete;
(h) to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation;
(i) to provide us with whatever proof of identity we may reasonably request;
(j) to treat the independent Delivery Agents introduced to you via our Applications with respect and not to cause damage to their assets or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst they are providing services to you; and
(k) to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
(l) We reserve the right to suspend, restrict or terminate your access to our Applications and Services at any time without advance notice or liability if we have reasonable grounds to believe you have breached any of these Terms or in our opinion you misuse our Applications and Services. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
6. Conditions for Acceptance of Transport / Delivery of Packages
We may refuse acceptance of transport of packages or delivery items if any of the following cases applies:
(a) Your’s request does not comply with our Terms of Service;
(b) You fail to enter a valid address and other required fields that are recognisable by the Pickupp system;
(c)The package(s) or item(s) is / are not suitable for transport;
(d) The transport may violate laws and regulations; or is detrimental to public order, or injurious to public morals;
(e)The package or item are of the following items:
(i) Explosives or other hazardous materials or any similar packages that are likely to cause damage to other packages;
(ii) Packages specifically determined by Pickupp to be unacceptable, including but not limited to combustible, inflammable, poisonous and toxic materials, livestocks, dogs, cats, little birds, guns and swords etc.
You understand that use of the Services may result in charges to you for the services you receive from an independent third party Delivery Agent (“Charges ”). After you have received services or goods obtained through your use of the Service, we will facilitate your payment of the applicable Charges on behalf of the Delivery Agent, and as such act as a limited payment collection agent for the Delivery Agents. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Delivery Agent. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by us.
All Charges are due immediately and payment will be facilitated by using the preferred payment method designated in your Account, after which we will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may, as the Delivery Agents’ limited payment collection agent, use a secondary payment method in your Account, if available.
We reserve the right to establish, remove and/or revise Charges for any or all services through the use of the Services at any time in our sole discretion. You acknowledge and agree that additional Charges, including additional administrative costs and / or costs related to any immediate point-to-point transport service incurred by an independent Delivery Agent, will apply in the event when information and details related to your orders are inaccurate or incomplete.
Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase during times of high demand. We will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. We may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services from a Delivery Agent at any time prior to such their arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Delivery Agents for the services provided. We do not designate any portion of your payment as a tip or gratuity to the Delivery Agent. You understand and agree that, while you are free to provide additional payment as a gratuity to any Delivery Agent, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Delivery Agent.
All credits in your merchant account, regardless of the type of credit including but not limited to promotional credit, monthly credits or top-up credits in any payment profile have a maximum validity of 1 year from the top up date or date which is granted.
All purchases of any Pickupp services and credits are non-fundable. Any compensation agreed by Pickupp either due to services not provided, cancellation of orders, appeasement or otherwise will be credited to Pickupp merchant’s account in the form of Pickupp credit, which can only be used in future Pickupp delivery service. All form of credits in the Pickupp merchant account are non-refundable and cannot be refunded in cash, credit card nor other form of payment and are subject to our expiry policy.
9. Links and Advertisements
Our Applications may contain Advertisements and links to third party websites. We shall not be responsible for the contents and accuracy of any Advertisement. Any links to third party websites are provided solely for your convenience and not in any way as an endorsement by us of the contents on such third party websites. If you access any linked third party website or Advertisement, you do so entirely at your own risk. We shall not be responsible for any transactions between you and any advertisers or third party website operators.
We may introduce promotions from time to time. We reserve the right to amend, suspend, withdraw or terminate, whether in whole or part, any and all such promotions without prior notice and at our absolute discretion.
11. Natural Disasters
Delivery services will be temporarily suspended when typhoon warning signal No. 8 or above or red / black rainstorm warning is in force. Delay is expected due to unexpected traffic condition on rainy days.
12. Disclaimers, Limitation of Liability and Indemnity
The services are provided “as is” and “as available.” Pickupp disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, we make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free. We do not guarantee the quality, suitability, reliability, honesty or ability of delivery agents. You agree that the entire risk arising out of your use of the services, and any service requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law.
12.2. Limitation of Liability
Pickupp shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, lost of property or delivery items or delivery items, damage to property or delivery items related to, in connection with, or otherwise resulting from any use of the services, even if we have been advised of the possibility of such damages. Pickupp shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any delivery agent, even if Pickupp has been advised of the possibility of such damages. We shall not be liable for delay or failure in performance resulting from causes beyond our reasonable control.
Pickupp’s services may be used by you to request and schedule delivery services with delivery agents, but you agree that Pickupp has no responsibility or liability to you related to any delivery services provided to you by delivery agents other than as expressly set forth in these 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.
Pickupp shall not be liable for loss or damage arising from or in connection with:
12.2.1 your failure to provide complete and accurate delivery instruction and sufficient packing in respect of a delivery Item;
12.2.2 the misalignment, wear and tear, heat, mould, rot, discolouration, degeneration, explosion, ignition or the hazardous, perishable, corruptible, fragile, or brittle nature of the contents of the delivery item;
12.2.3 Pickupp’s failure to perform any of its obligations hereunder as a consequence of circumstances outside its control, including without limitation any act of God such as weather conditions, flood or earthquake, work stoppages, strikes, industrial disputes, war, any act of government (including delay or confiscation or detention of the delivery Item by government
authority), accidents, traffic obstructions or congestion, mechanical breakdown, or other events; or
12.2.4 any acts or omissions of any party other than Pickupp, including without limitation you, the named addressee, any government official or statutory body.
Pickupp shall not be liable for indirect or consequential loss or damage, including without
limitation loss of profit, income, interest, future business or anticipated savings, even if
the risk of such loss or damage was brought to our attention before or after acceptance of the delivery Item.
You agree to indemnify and hold Pickupp and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your use of the Services obtained through your use of our Applications; (ii) your breach or violation of any of these Terms; (iii) Pickupp’s use of your User Content; or (iv) your violation of the rights of any third party, including Delivery Agent.
13. Personal data and privacy
14.1 Any claims for damage to and/or loss of the delivery Item must be made within seven (7) days from the date on which Pickupp accepts for the delivery Item for delivery, failing which Pickupp shall have no liability whatsoever.
14.2 All claims must be made in writing, accompanied by the original invoice (printed out from the Pickupp platform) and other supporting documents requested by Pickupp and submitted by email to firstname.lastname@example.org and by post to Pickupp’s office:
Workshop Unit No. 12 & 13
4/F, Harbour Centre Tower 1
1 Hok Cheung Street
Kowloon, Hong Kong
14.3 Claims are limited to one claim per delivery Item, settlement of which shall be full and
final settlement for all loss or damage in connection therewith.
14.4 Without prejudice to Clause 11 and provided that Pickupp is satisfied that your claim is justified, Pickupp’s liability for any loss of the delivery item shall be limited to the cost of the delivery item as indicated by you, upon acceptance of the delivery item by Pickupp or HK$1,000 per delivery item, whichever is lower (“Compensation Limits”).
14.5 In the case of damage to the delivery item, the amount of compensation shall be based
on Pickupp’s own assessment of the extent of the damage to and the actual cash value
of the contents of the delivery item provided always that the amount of compensation shall not exceed the Compensation Limits.
14.6 Pickupp is not obliged to act on any claim until all the fees and/or transportation charges
in respect of any delivery item have been paid. The claim amount may not be deducted
from the fees and/or these charges or from any outstanding balance owed to Pickupp by you under any services provided to you.
14.7 Save in cases of a delivery failure and provided that Pickupp is satisfied that your claim
is justified, our liability for any loss or damage arising from Pickupp’s failure to deliver a delivery Item by the date of delivery shall be limited to the amount of the fees charged in respect of that delivery item.
15. Modification of Terms and the Services
We reserve our rights to change any of these Terms and the revised Terms will be binding on you upon posting on our website. We also reserve the rights to change, suspend or discontinue our Services by sending by posting a notice on our website, which also shall be binding on you upon posting.
16. Governing law and jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Hong Kong. Both you and us agree to submit to the exclusive jurisdiction of the courts of Hong Kong as regards any dispute or matter arising under these Terms.