top of page

Last Updated: April 6 2020

Country: United States

Thank you for your interest in the PickUp and Delivered application for your mobile device (the "App") provided to you by PickUp and Delivered Inc. ("PickUp and Delivered", "us" or "we"). These Terms of Service (these "Terms"), including the Privacy Policy incorporated into these Terms by reference and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the App. These Terms constitute a legal agreement between you and PickUp and Delivered. In order to use the App you must agree to these Terms.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the App in any manner, and each of your heirs, assigns, and successors. If you use the App on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APP.

PickUp and Delivered App

Pickup is a shopping and delivery service application that is readily available for when you need/want a personal shopper or delivery driver. Through the App, consumers may request that items may be identified for pickup or purchase and delivered to customers location. PickUp and Delivered is not a restaurant or retail store. PickUp and Delivered is not liable or responsible for Merchants’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, PickUp and Delivered does not guarantee the quality of what Merchants sell and does not independently verify, and is not liable for, representations made by Merchants regarding their products on the App.

PickUp and Delivered is not the retailer of any products offered by Merchants, nor is it in the delivery business or a common carrier. PickUp and Delivered provides a technology App facilitating the transmission of orders by consumers to Merchants for pickup or delivery by Drivers. Drivers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of PickUp and Delivered. Drivers have entered into independent contractor agreements with PickUp and Delivered, which require them to comply with all applicable federal, state, and local laws, rules and regulations. PickUp and Delivered shall not be liable or responsible for any delivery services provided by drivers, or any errors or misrepresentations made by any of them. You hereby acknowledge that PickUp and Delivered does not supervise, direct, control, or monitor a driver's provision of services and expressly disclaims any responsibility or liability for the services performed.

PickUp and Delivered is committed to ensuring that the merchandise or food ordered by a consumer is delivered in a manner consistent with consumer’s expectation.

As provided in greater detail in these Terms, you agree and acknowledge these material terms:

  • The App is licensed, not sold to you, and you may use the App only as set forth in these Terms;

  • Your use of the App may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s ("Carrier") terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;

  • You consent to the collection, sharing, and use of your personally identifiable information in accordance with PickUp and Delivered’ Privacy Policy;

  • The App is provided "as is" without warranties of any kind, and PickUp and Delivered’ liability to you is limited; and

  • Disputes arising under these Terms will be resolved by binding individual arbitration.

Eligibility

You must be at least eighteen (18) years old to use the App. By agreeing to these Terms, you represent and warrant to us: (1) That you are at least eighteen (18) years old; (2) That you have not previously been suspended, banned, or removed from the App; and (3) That your registration and your use of the App is in compliance with any and all applicable laws and regulations.

Accounts and Registration

To access some features of the App, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your namee-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under your account.PickUp and Delivered will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by PickUp and Delivered or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

Scope of License

The App is licensed, not sold, to you for use only under the terms of this license. PickUp and Delivered reserves all rights not expressly granted to you. Subject to your complete and ongoing compliance with these Terms, PickUp and Delivered hereby grants you a personal, limited, non-sublicensable, non-transferable, and revocable license to access the App on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the App. PickUp and Delivered may revoke this license at any time, in its sole discretion.

You may not modify, alter, reproduce, distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. If you breach these license restrictions, or otherwise exceed the scope of the license granted in these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. These Terms will govern any updates provided to you by PickUp and Delivered that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license in which case the terms of that license will govern.

General Payment Terms

You understand that the prices for product or menu items displayed through the App may differ from the prices offered or published by Merchants for the same product or menu items and/or from prices available at other third-party websites/mobile applications. Prices for product or menu items displayed through the App may not be the lowest prices at which the product or menu items are sold.

PickUp and Delivered has no obligation to itemize its costs, profits or margins when publishing prices on the App and reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes on the App provided under these Terms (other than taxes based on PickUp and Delivered’ income).

You the consumer aggree to pay PickUp and Delivered upon delivery of your item to included Driver Fee plus the cost of the purchase. You agree to pay these fees in full through the PayPal portal in the app when the driver arrives at your destination and prior to the exchange of items ordered. If you cancel the order prior to delivery you will still need to pay for the driver fee plus restocking fee.  

Charges paid by you are final and non-refundable,.  PickUp and Delivered has no obligation to provide refunds or credits. However, PickUp and Delivered, in its sole discretion, may provide consumers with refunds, courtesy delivery or product credits, or make promotional offers with different features and different rates to any consumers, which are subject to these Terms (see Credits section below).

 

Delinquent Accounts

If payment due on your account is delinquent, we reserve the right to suspend or terminate your access to the App; your account information may be sent to a collection agency/debt collector and you may be subject to a collection action, and payment of collection related fees and costs. 

Consumer Not Available

PickUp and Delivered reserves the right to charge you the full order amount, including any PickUp and Delivered fees, if you are not at the designated delivery location when the Driver arrives to complete the delivery..

Cancelled Orders

If you cancel your order, you may be charged depending on what stage the order was in when you cancelled. You will be notified of any applicable charges before you complete your cancellation. 

Returned Items

If an item has to be returned for any reason, you may be subject to a non-refundable $15 return/restocking fee. For alcohol items, the Driver reserves the right, at his or her discretion, to refuse delivery and return the item(s) if the name on your ID does not match the name on your order, if you are not at least twenty-one (21) years old ("Legal Age"), if you cannot provide a bona-fide government-issued photo identification that shows you are of Legal Age, or if you are visibly intoxicated.

In order to use the App, you agree to the following:

  • The App, including any content that forms part of the App, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;

  • You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;

  • Unless expressly permitted, you may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the App, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the App without prior written authorization;

  • You agree not to bypass any security or other features of the App designed to control the manner in which the App is used, harvest or mine content from the App, or otherwise access or use the App in a manner inconsistent with individual human use;

  • You agree not to perform any fraudulent activity, including impersonating any person or entity, or accessing any other App account without permission;

  • You agree not to decipher, reverse engineer, decompile or disassemble the App, or the software used to provide the App, in whole or in part, or authorize, direct, or cause a third party to do so;

  • You agree not to use, display, mirror, frame or utilize framing techniques to enclose the App, or any portion thereof, unless and solely to the extent PickUp and Delivered makes available the means for embedding any part of the App;

  • You agree not to access, tamper with, or use non-public areas of the App, PickUp and Delivered’ (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of PickUp and Delivered’ providers;

  • You agree not to use any robot, spambot, spider, crawler, scraper or other automated means or interface not provided by us to access the App or to extract data;

  • You agree not to use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that PickUp and Delivered is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the App;

  • You agree that your use of the App may incur third-party fees, such as fees charged by your Carrier for data usage, and may be subject to third-party terms, such as your Carrier’s terms of service, and you agree to pay all such fees and abide by all such terms; and

  • You agree not to introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the App.

Transactions involving Alcohol. Alcoholic beverages (including but not limited to beer, wine, cider, and spirits, as applicable; all referred to as "Alcoholic Beverages") may only be purchased by consumers who are of Legal Age in jurisdictions that permit such purchase. If you are a consumer, you expressly represent and warrant that: (i) you are of Legal Age; and (ii) you will provide bona fide government-issued photo identification to your Driver upon delivery to you. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age. Deliveries of Alcoholic Beverages may not be made to anyone who is intoxicated, regardless of his or her age. You further understand and acknowledge that neither PickUp and Delivered nor the Driver can accept your order of Alcoholic Beverages, and the order will only be delivered if the third-party Merchant accepts your order.

You agree not to do any of the acts described in this Section 6, or to assist or permit any person in engaging in any of the acts described in this Section 6.

8. Intellectual Property Ownership

The App, and the media and materials contained in the App, including all intellectual property rights in the App, are the sole and exclusive property of PickUp and Delivered and its licensors. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by PickUp and Delivered in these Terms are expressly reserved.

You acknowledge that when you Post User Content on or through the App, the User Content shall be deemed, and shall remain PickUp and Delivered’ property. PickUp and Delivered does not provide any compensation for User Content that you Post on or through the App. You agree that User Content that you Post on or through the App shall be deemed to be non-confidential and non-proprietary, and PickUp and Delivered shall have no obligation of any kind with respect to such information. When you Post User Content on or through the App, you grant PickUp and Delivered a world-wide, perpetual, irrevocable, royalty-free, non-exclusive, and sub-licensable license to use, copy, distribute, reproduce, modify, edit, adapt, publicly perform, publicly display, translate, create derivative works from, sell, lease, transmit, communicate to the public, disassemble, and publish such User Content in connection with PickUp and Delivered’ or its partners’ or affiliates’ business, in whole or in part, in any format or medium now known or developed in the future, for any purpose whatsoever, unless expressly agreed otherwise in writing by PickUp and Delivered, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels. You further grant PickUp and Delivered a license to use your username and/or other user profile information, including, without limitation, your ratings history and how long you have been a PickUp and Delivered consumer, to attribute User Content to you, if we choose to do so. Further, PickUp and Delivered shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to PickUp and Delivered shall survive termination of the App or your account. User Content Representations

You acknowledge and agree that all User Content that you Post is your sole responsibility. You represent that you have all required rights to Post or transmit such User Content without violation of any third-party rights. You understand that PickUp and Delivered does not control, and is not responsible for, User Content, and that by using the App, you may be exposed to User Content from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless PickUp and Delivered for all claims resulting from User Content you Post. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

Text Messaging

By using the App, you understand and agree that PickUp and Delivered and those acting on its behalf may send you text (SMS) messages (potentially including messages generated using an automatic telephone dialing system) at the phone number you provided us. These messages may include operational messages about your use of the App, as well as marketing or other promotional messages. You will not be able to use the App without agreeing to receive operational text messages. 

Your agreement to receive marketing texts is not a condition of any purchase or use of the App. If you change or deactivate the phone number you provided to PickUp and Delivered, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number. Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your Carrier for details.

Push Notifications

When you install our App on your mobile device you agree to receive push notifications, which are messages an app sends you on your mobile device even when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page.

Email

PickUp and Delivered may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

You are responsible for your use of the App, and you agree to defend (at PickUp and Delivered’ option), indemnify, and hold harmless PickUp and Delivered and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:

  • Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;

  • Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or

  • Any dispute or issue between you and any third party, including any Courier, Merchant, or other third-party.

PickUp and Delivered reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, PickUp and Delivered may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of PickUp and Delivered without PickUp and Delivered’ prior written consent.

This provision does not require you to indemnify PickUp and Delivered for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.

You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.

Generally

In the interest of resolving Disputes between you and PickUp and Delivered in the most expedient and cost effective manner, you and PickUp and Delivered agree that every Dispute arising in connection with these Terms will be resolved by binding individual arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and can be subject to very limited review by courts. While the parties will be permitted to engage in discovery or exchange of non-privileged information relevant to the dispute, arbitration may allow for more limited discovery allowed for in court. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the App, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PICKUP AND DELIVERED ARE EACH WAIVING THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the App or to receive further information regarding use of the App.

22. Notice Regarding Apple

To the extent that you are using our mobile applications on an iOS device, you further acknowledge and agree to the terms of this Section 22. You acknowledge that these Terms are between you and Postmates only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Platform and the content thereof.

Apple has no obligation whatsoever to furnish any maintenance and support platforms with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Platform.

Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (1) Product liability claims; (2) Any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (3) Claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Platform and/or your possession and use of the mobile application infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Platform. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that: (1) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) You are not listed on any U.S. Government list of prohibited or restricted parties.

bottom of page