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Website Terms

These terms and conditions are applicable to your use of the Platform (as defined in paragraph 1 below), contain exclusions and limitations of the legal responsibility (liability) of Picup and its affiliates, and impose legal obligations on you. By using this Platform you indicate your acceptance of and agreement to these Website Terms. Please read these Website Terms carefully, especially the provisions of paragraphs 7, 11 and 12. It is suggested that you print a copy of these Website Terms and keep it for your records.

 

1. Introduction

1.1 Picup facilitates the collection and delivery of Packages through the Platform that connects you (the Customer) to carefully selected drivers (the Carriers), enabling us to offer you delivery services during scheduled periods.

1.2 These Website Terms must be read together with Picup’s privacy policy available at “Privacy Policy” and standard terms of use of the Delivery Services available at “Terms of Use”. Unless defined elsewhere, terms in these Website Terms shall bear the same meaning ascribed to them in the Privacy Policy and Terms of Use.

1.3 Each and every time you access the Platform and use the Delivery Services, you will be deemed to acknowledge that you have read, understood, and accepted our Terms of Use, our Privacy Policy and these Website Terms (as amended and updated from time to time, upon notice to you).

1.4 If you do not agree to any term or condition of these Website Terms, the Privacy Policy, the Terms of Use, any policies, or any subsequent changes thereto or become dissatisfied with us, the Platform or the Delivery Services, you must not make use of the Platform and/or the Delivery Services and contact us using the contact details provided in paragraph 18 below.

1.5 These Website Terms and the other policies (including but not limited to the Privacy Policy and Terms of Use) posted on the Platform constitute the complete and exclusive understanding and agreement between you and us, and govern your use of the Platform and Delivery Services, replacing all previous understandings, proposals, agreements, negotiations and discussions between us, whether written or oral.

1.6 You may print a copy of these Website Terms, the Privacy Policy and the Terms of Use. If you have any difficulty printing these documents or require assistance in obtaining a hard copy or electronic copy of these documents, you should contact our support team using the contact details provided in paragraph 18 below.

1.7 The use of the Platform is also subject to any rules and policies of WeChat.

 

2. Definitions

2.1 In these Terms:

2.1.1 “We”, “our”, “us” and “Picup” means Picup Technologies Proprietary Limited, a public company incorporated in accordance with the laws of the Republic of South Africa, with company registration number 2014/215119/07 and whose registered office is at first floor, 112 Loop Street, Cape Town;

2.1.2 “you”, “your” and “Customer” means any person who makes use of the Platform and registers to use the Delivery Services;

2.1.3 “Delivery Order” means an order for a delivery made by you through the Platform;

2.1.4 “Delivery Services” means the delivery by Carriers of Packages to Recipients in terms of the Terms of Use;

2.1.5 “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;

2.1.6 “Picup App” means the Picup application downloaded from WeChat;

2.1.7 “Platform” means the Picup App, through which you may make use of the Delivery Services;

2.1.8 “Privacy Policy” means the privacy policy adopted by us and which is accessible on Privacy Policy;

2.1.9 “Terms of Use” means the terms and conditions on which the Delivery Services are made available, which is accessible on Terms of Use;

2.1.10 “WeChat” means the WeChat application.

2.2 Any words or phrases not defined in these Website Terms but defined in the ECT Act will bear the same meaning given to them in the ECT Act.

2.3 A copy of the ECT Act can be viewed and downloaded at http://www.polity.org.za/article/electronic-communications-and-transactions-act-no-25-of-2002-2002-01-01http://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy downloaded is the most recent version of the ECT Act.

2.4 Any reference to “us” or “Picup” includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, service providers and suppliers.

2.5 Any reference to “person” includes any individual, company, corporation, unincorporated association or body, government, state, organisation or other entity whether or not having separate legal personality.

2.6 As stated in bold at the top of these Website Terms, by accessing the Platform and/or by using the Delivery Services (as amended and updated from time to time), you agree to be bound by these Website Terms.

 

3. What do these Website Terms regulate?

These Website Terms apply to all visitors to the Platform, including, but not limited to members of the public or legal entities accessing the Platform for information purposes, members of the public or legal entities submitting advertisements, comments, information, and/or any other material or data (“Content”), web search engines and data and/or information aggregators.

 

4. Collection of Personal Information

4.1 We collect personal information from you. We will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.

4.2 By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

4.3 From time to time, Picup will communicate with you via your personal or business profile and/or preferred email address.

4.4 By opting in to the Picup platform, you agree to receive marketing communication from Picup which may include new product information, feature information, special discounts, invitations to events and other similar marketing activities.

4.5 In the event you wish to unsubscribe from Picup’s communication at any time, you may click on any ‘unsubscribe’ link situated at the bottom of a marketing email.

4.6 Your information will not be given to any third-party, nor will Picup share your information with any suppliers, contractors, clients or staff whom are not affiliated to Picup’s marketing activities.

 

5. Registration and security

We reserve the right to decline a Delivery Order at our sole discretion, and we reserve the right to terminate your access to the Platform at any time without notice.

 

6. Platform

6.1 Downloading of the Picup App is free of charge.

6.2 It is your responsbility to ensure that you download the correct Picup App for the mobile device you use.

 

7. User Profile

7.1 In order to register for the Delivery Services, you will be required to provide us with a preferred email address and password (“User Profile”). You will use this User Profile when logging on to access the Platform to make use of the Delivery Services.

7.2 You are be responsible for keeping your User Profile secret in order to prevent unauthorised use by another person. To the extent allowed by law, you will be responsible for any loss or damage you may suffer should any other person use your User Profile to make use of the Delivery Services.

This paragraph 7.2 is important because it:

  • – limits or excludes our Liability to you; and
  • – limits or excludes rights and remedies you have against us; and
  • – makes you take on liability and risk.

Because of this clause, you will not be able to make claims against us if you allow someone else to access your User Profile.

7.3 You agree to notify us immediately should you suspect that another person has obtained access to your User Profile or if you are aware of any unauthorised use of your User Profile.

 

8. Intellectual Property Rights

The Platform and the Delivery Services (the “Materials“) are protected by law. This incorporates all intellectual property rights in respect of the Materials, including all rights, title and interest (statutory and common law) in copyright, designs and trademarks. Any reproduction, modification, creation of derivative works from or redistribution of the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited.

 

9. Acceptable Use Restrictions

You may not:

9.1 use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Website Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform;

9.2 infringe our intellectual property rights or those of any third party in relation to your use of the Platform;

9.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;

9.4 use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.

 

10. Termination of access to Platform

You acknowledge and agree that we, in our sole and absolute discretion, have the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to the Platform and use of the Delivery Services, immediately and without notice, for any reason or no reason at all, including, without limitation, if we believe that you have violated these Website Terms or Terms of Use. Further, you agree that we shall not be legally responsible (liable) to you or any third party for any termination of your access to the Platform or the Delivery Services. Further, you agree not to attempt to access the Platform or make use of the Delivery Services after any such termination.

 

11. Disclaimer of Warranties

You expressly acknowledge and agree that use of the Platform and the Delivery Services is entirely at your own risk and that the Platform and the Delivery Services are provided on an “as is” or “as available” basis, without Picup supplying any warranties of any kind. We make no warranties or representations about and assume no liability or responsibility for any:

11.1 interruption or cessation of transmission to or from the Platform. For the avoidance of doubt, you acknowledge that access to the Delivery Service and Platform is dependent on your internet service provider network and infrastructure; and/or

11.2 bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party.

This paragraph 11 is important because it:

  • – limits or excludes our Liability to you; and
  • – limits or excludes rights and remedies you have against us;
  • – makes you take on responsibility, liability and risk; and
  • – makes you take on liability and risk.

This paragraph 11 requires you to take on risk and liability for claims, losses and damages that may be suffered by us or by other persons or entities.

 

12. Limitation of Liability

12.1 You acknowledge that the Platform has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Platform as described on WeChat meets your requirements.

12.2 You acknowledge and consent that you make use of the Platform and Delivery Services entirely at your own risk and that in no event shall we, our officers, directors, employees, or agents, be legally responsible (liable) for direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), resulting from any aspect of your use of the Platform or the Delivery Services, including without limitation whether the damages arise from use or misuse of the Platform or the Delivery Services, from inability to use the Platform or the Delivery Services, or the interruption, suspension, modification, alteration, or termination of the Platform or the Delivery Services, other than as provided for in clause 11 (Liability) of our Terms of Use.

12.3 No provision of these Website Terms (or any contract governed by these Website Terms):

12.3.1 does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;

12.3.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or

12.3.3 limits or excludes any warranties or obligations which are implied into these Website Terms (or any contract governed by these Website Terms) by the Consumer Protection Act, 2008 (“Consumer Protection Act”) (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.

This paragraph 12 is important because it:

  • – limits or excludes our Liability to you; and
  • – limits or excludes rights and remedies you have against us;
  • – makes you take on responsibility, liability and risk; and
  • – makes you take on liability and risk.

This paragraph 12 requires you to take on risk and liability for claims, losses and damages that may be suffered by us or by other persons or entities.

Because of this paragraph 12, we will not be legally responsible (liable) to you or anyone else for any claims made against us. This clause may also lead to us having claims against you and to you being legally responsible (liable) to us for further amounts, including for any costs or damages we need to pay.

 

13. Assignment

These Website Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

 

14. Successors and assigns

These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.

 

15. Violation of terms

Please report any violations of the Website Terms (including the Privacy Policy and Terms of Use) that you become aware of by contacting us using the link at the bottom of the Picup homepage at www.picup.co.za. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

 

16. Variation of certain deeming provisions in the ECT Act

By using the Platform and/or the Delivery Services, you agree that these Website Terms create a binding contract between us and you, even though the Website Terms are wholly or partly in the form of a data message. You agree specifically that:

16.1 these Website Terms will be treated as if it was concluded at our physical address on the date on which you first made any use of the Platform;

16.2 an electronic signature is not required by you or us for purposes of agreeing to these Website Terms;

16.3 your use of the Platform and/or the Delivery Services is sufficient evidence of your agreement to these Website Terms;

16.4 any data message sent by you to us or by us to you will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;

16.5 subject to the further provisions of these Website Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and

16.6 subject to the further provision of these Website Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that data message.

 

17. Interpretation and miscellaneous provisions

17.1 Unless the context provides otherwise or it is expressly stated to the contrary, these Website Terms and the relationship between us shall be governed by the laws of the Republic of South Africa. You and we agree to submit to the personal and exclusive jurisdiction of the courts located in Cape Town. Our failure to exercise or enforce any right or provision of these Website Terms shall not constitute a waiver of such right or provision. If any provision of these Website Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

17.2 The termination of any further contract created by these Website Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the agreement or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Website Terms which is expressly or by implication intended to come into or continue in force on or after such termination.

17.3 If these Website Terms (or any further contract governed by the terms of these Website Terms) or the Delivery Services provided and/or made available on the Platform are regulated by or subject to the Consumer Protection Act, it is not intended that any provision of the Website Terms contravenes any provision of the Consumer Protection Act. Therefore all provisions of the Website Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.

 

18. How to contact us

If you have questions about the Website Terms, our Privacy Policy or the Terms of Use, please contact us on 086 999 0393 or info@picup.co.za.