Terms of Use

Welcome to the PIKKUP mobile Application (“Application”), owned and operated by PIKKUPW.L.L., a company organized under the laws of the Kingdom of Bahrain, under licence number 128643 with principal offices at Flat 141, Building 95, Block 317, Diplomatic Area, Manama, theKingdom of Bahrain (“we,” “us”, “our” or “PIKKUP”).

These Terms of Use (“Terms”) and any terms or online order process offered through the Application govern your access and use of the Application and the services offered through the Application (“Services”). By accessing the Application or using the Services, you agree to become bound by these Terms. If you do not agree with all the terms of the Agreement, you should not access the Application or use the Services.

Reference in these Terms to “you” are references to you as an individual or a legal entity, as the case may be.

1. USERS

In order to access the Services, you must register for an account.

You agree that the information provided by you for the purposes of account registration is accurate and will be kept accurate and up-to-date at all times. Youare solely responsible for maintaining the confidentiality of your account, password and login details, and accept responsibility for all activities that occur under your account.

If you have any concerns about your login details or think they have been misused, you should contact us [17570670] straight away to let us know. We can deactivate your Account at any time.

2. ORDERS AND DELIVERY

Once you have placedan order for pick-up/delivery, or purchase (“Order”), you will be given the opportunity to submit your Order by clicking on the “Confirm” button. The contract for the supply of an Order using the Application will be formed once youpress the “Confirm” booking.

We will take reasonable efforts to ensure that your Order is delivered by the time specified in the Application. For the avoidance of doubt, the expected delivery time is not a fixed time, it is an approximation.

Delivery will be to the address/es you provide when you place the Order. Please ensure that you provide an accurate address/es and telephone number to ensure that your Order arrives to the correct location.

The courier will make every attempt to complete the delivery at the address provided including making contact by phone or message to you or the delivery contact at the numbers you have provided. If delivery is not possible we reserve the right to leave the address and your items will be delivered to the PIKKUP office. If the items are to be delivered again to the same address or to an alternative address at a later time, a new Order must be created and paid for by you via the Application.

Where the Order involves the purchase of items on your behalf, the cost of the purchases will be made outside the Application with the courier. If the courier is unable to deliver the purchased items to the address provided, the purchased items will be delivered to the PIKKUP office. If the purchased items are to be delivered again to the same address or to an alternative address at a later time, a new Order must be created and paid for by you via the Application.

WAITING TIME CHARGES.

Waiting time charges will apply after 5 minutes at each delivery stop at a rate of 0.035 fils per minute.

3. FEES AND PAYMENT

The approximate fees for Services are calculated per order and together with any other fees and any applicable tax, will be displayed clearly in your Order summary prior to confirming the Order.For the avoidance of doubt, the expected delivery fee is not a fixed one, it is an approximation.

Payment for Orders can be made via cash on delivery or credit/debit card payment concluded through the Application. You authorize PIKKUP or a third party payment processor to charge all sums for the Orders you enter into, including all applicable taxes, to the payment method specified in your Order. If you make payment with a credit card, a third party payment processor may seek pre-authorization of your credit card account prior to purchase to verify that the credit card is valid and has the necessary funds or credit available to cover the Service fee.

4. PAYMENT FOR PURCHASES:

The purchase of up to 5 items can be made via the Application on your behalf from one store or location. We do not handle food or grocery items. The courier will contact you once he has reached the store to arrange payment for your purchases. You can either pay for your purchases directly with the store or the courier can purchase items on your behalf. If you would like the courier to pay for your items please make payment using the Fawri+ payment option on your bank’s website, or via the Benefit Pay application. In all cases confirmation of payment for the items must be sent to the courier before any Orders are placed.

5. ORDER CANCELLATIONS:

You may cancel an Order without charge within fiveminutes of the Order being accepted by a courier. If you cancel an Orderfive minutes after the Order is accepted by a courier, a cancellation charge of One Bahraini Dinar (BD1) will be added to your next order. Orders cannot be cancelled once the courier has departed from the pick up address and has commenced the journey to the delivery address.

6. USER ACCOUNT:

In order to access the Services, you may create an account. PIKKUP encourages corporate clients to create a separate corporate account enabling a more streamlined and efficient service. To apply for a corporate account contact PIKKUP by phone on +973 17570670 or visit www.pikkup.me. You agree that the information provided by you for the purposes of account registration is accurate and will be kept accurate and up-to-date at all times. You are solely responsible for maintaining the confidentiality of youraccount and password and accept responsibility for all activities that occur under your account. You will not share passwords, authentication credentials, or other means of account access with any third party.

7. USE OF THE APPLICATION

You will not use the Application for any purpose that is unlawful or prohibited, or otherwise not intended by PIKKUP, including, by way of example, and not as limitation: (a) in any way that is false, inaccurate, or misleading; (b) in any way that is disruptive; (c) to attempt to restrict another user from using or enjoying the Application or to encourage or facilitate violations of theseTerms or the PIKKUPPrivacy Policy; (d) to post or transmit, or cause to be posted or transmitted, any content on the Application that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person; (e) for any unlawful purposes or in any fashion that is not permitted under applicable laws; (f) to reverse engineer, decompile, or disassemble the Application; (g) to introduce or permit the introduction of any computer code, file, or program that may damage the Services, the Application or PIKKUP’s network and information systems.

You shall not use the Services or the Application for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably foreseen to have been intended by PIKKUP.You shall not (a) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means; or (b) de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; or (c) access all or any part of the Services in order to build a product or service which competes with the Services; or (d) use the Services to provide services to third parties; or (e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party; or (f) attempt to obtain, or assist third parties in obtaining, access to the Services other than as provided under this section 4.

PIKKUP reserves the right, without liability or prejudice to its other rights, to disable yourAccount or your access to any material that breaches the provisions of this section 4.

8. SUSPENSION, TERMINATION AND CANCELLATION

At any time, without liability and without prejudice to any of our rights and remedies, we may limit, suspend, withdraw or amend your access to the Applicationor some parts of the Applicationand/or to the Services, cancel any Services and/or remove content provided by you, at our sole discretion.

9. MODIFICATIONS

We may modify and/or make changes to theseTerms at any time by posting the updated version to the Application or, in the case of any material change, by notification to You or by posting a notice through the Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of the Services after changes become effective shall mean that you accept those changes. Any revised terms shall supersede all previous terms.

10. PROPRIETARY RIGHTS

All Intellectual Property Rights in or in relation to the Applicationare owned and shall vest in PIKKUP (“PIKKUPIP”). Except for the right of access, the Applicationand use the Services in accordance with these Terms, you shall not acquire any right, title or interest in or in relation to any PIKKUPIP. For the purpose of this clause Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights (including future copyright and design right), moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights in know-how and trade secrets, and all other intellectual property, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

11. THIRD PARTY PROVIDERS AND LINKED APPLICATIONS

The Application may contain links to other independent third party sites (“Linked Sites”).You agree that your interaction with such Linked Sites is at your own risk and subject to such Linked Sites’ terms and conditions and privacy policy. PIKKUP makes no representation or warranty and shall have no liability in relation to the content or your use of, or correspondence with, any such Linked Sites, or any transactions completed or contracts entered into by you with any Linked Sites. We may remove any Linked Sites from the Application at any time.

12. USER CONTENT

Certain features of the Services may permit you to upload content to the Services, including messages, reviews, data, text, photos, images and other types of material (“User Content”). By providing User Content to or via the Services, You grantPIKKUP a worldwide, non-exclusive, royalty-free, license (with the right to sublicense) tohost, store, transfer, display, reproduce, in whole or in part theUser Content for the purpose of providing the Services. You represent and warrant to PIKKUP that youare the owner of User Content or have the necessary licenses, rights, consents and permissions to authorize PIKKUP to use User Content as set out in these Terms, and that the use of the User Content as contemplated in these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including intellectual property rights; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) cause PIKKUP to violate any law or regulation; and (iv) is not otherwise objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

13. DATA PROTECTION

PIKKUP will collect, store and process any personal data provided by you required for the provision of the services, in accordance with applicable laws and the PIKKUP Privacy Policyavailable at [Privacy Policy link].By accessing the Application and using the Services, you consent to all actions taken by PIKKUP in connection with the processing of your personal data provided by you.

14. INDEMNIFICATION

You will defend, indemnify, and hold harmless PIKKUP and its officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) your use of the Services; (b) your violation of these Terms; and (c) any User Content that you post or submit.

15. DISCLAIMERS

TheApplication and the Services are provided on “as is” and “as available” basis and PIKKUP with no representations or warranties of any kind (whether express, implied, or statutory), including without limitation, any warranty or condition of merchantability, fitness for a particular purpose, non-infringement, title, satisfactory quality or accuracy. Without limiting the foregoing, PIKKUP does not warrant that (a) the Application or the Services will meet your requirements or expectations or achieve the intended purposes, (b) the Application or the Services will be uninterrupted, timely, secure or error-free, (c) the information or content obtained through the Application or the Services will be accurate, complete, current, reliable or error- free, or (d) that defects in or on the Application or content will be corrected. To the fullest extent permissible by applicable law, PIKKUP disclaims any and all implied warranties. You expressly acknowledge and agree that your use of the Application, any content available on the Application and the Services is at your sole risk and responsibility.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will PIKKUP, its subsidiaries and affiliates, any of their officers, directors, agents, employees, assignees, be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities), whether arising in contract, warranty, tort, product liability, or otherwise, and even if PIKKUP’s been advised of the possibility of damages in advance. PIKKUP’s total aggregate liability in any circumstance shall be limited to the amount you have paid to PIKKUP for access to and use of the Services 12 months immediately preceding the date on which the claim arose.

17. NOTICES

Any notice which may be required to be given to us under these Terms may be sent to us by writing or emailing to the following address:contact@pikkup.me

18. FORCE MAJEURE

No party shall be liable to the other for any delay or non-performance of its obligations under these Terms arising from any event beyond its reasonable control including, without limitation, any acts of God, war, fire, flood, earthquake, pandemic, epidemic, governmental acts, breakdown or failure of a utility service or transport or telecommunications network, breakdown of plant or machinery or default of suppliers or sub-contractors, explosion, act of terror, riot or civil commotion.

19. ENTIRE AGREEMENT

These Terms and any orders or documents referred to herein contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to its subject matter.

20. SEVERABILITY

In the event of any one or more provisions of these Terms is or becomes invalid or unenforceable, it shall be amended to the minimum extent necessary or deleted, but shall not affect the validity and enforceability of the rest of this Agreement.

21. LAW AND JURISDICTION

These Terms and any dispute or claim arising out of, or in connection, with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of the Kingdom of Bahrain. The courts of the Kingdom of Bahrain shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, these terms and conditions, its subject matter or formation (including non-contractual disputes or claims).

This version was last updated on 2 November 2021.