Welcome to PikPak – the app from PikPak Inc. (“PikPak,” “we,” “us,” or “our”) that connects you (“customers”) with professionals (“movers” and “drivers”) to help you pack, load, unload, and transport (the “services”) your goods (“items”) from one place to another. Customers can request a job (a “job”) and give details about their mover or delivery on the app and then nearby professional drivers and movers can bid on the job and be hired to help. The customer chooses their help and schedules the delivery time. Once the movers or drivers have completed the job, the customer can rate and pay the movers or drivers through the app.
You represent and warrant that the Items related to any job are your personal property and you have all right, title and permission to request and allow the loading, unloading, moving, packing, or lifting of any Items, and that the performance of the Services by a mover or driver will not result in the violation of any third party’s ownership or privacy rights.
For more information about the PikPak App, please see our FAQs at http://pikpakapp.com/faqs.
We reserve the right to change these Terms at any time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.
Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the PikPak App after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.
Creating Your Account
When you create an account you must keep the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any PikPak App security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. PikPak reserves the right to deny any account at our discretion.
Payment for Services
You must provide credit card information to submit a job. You are responsible for paying the applicable Services Fee for any completed job. Once you submit a job, choose a mover or driver, and schedule a time, we will place a temporary hold on the credit card account you provided in an amount equal to 100% of the applicable Services Fee. Once you and the mover or driver have verified that the job is completed, your credit card account will be charged for the sum of the Services Fee and the fees for any additional services you may request.
You agree to make all payments to the mover or driver through the PikPak App and will not pay any mover or driver in cash or means other than directly through the PikPak App.
Canceling a Job
If you cancel any job: (a) before a mover or driver accepts it, or (b) after it has been accepted by a mover or driver but more than 24 hours before the Services are to be performed, you will not be charged, and the hold will be lifted on your credit card. If you cancel any job less than 24 hours before the Services are to be performed, your credit card account will be charged 25% of the applicable Services Fee.
In the instance where the mover or driver attempts to fulfill the job but cannot do so for reasons out of the mover or driver’s or PikPak’s control, your credit card will be charged 50% of the applicable Services Fee.
Right to Use the PikPak App
On the condition that you fully comply with these Terms, PikPak grants you a limited, nonexclusive, non-transferable and revocable license to access and use the PikPak App for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by PikPak 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.
Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the PikPak App, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the PikPak App, (c) disassemble, decompile or reverse engineer any of the software components of the PikPak App, (d) copy, frame or mirror any part of the PikPak App, (e) interfere with or disrupt the integrity or performance of the PikPak App, or (f) attempt to gain unauthorized access to the PikPak App or its related systems or networks.
Prohibited Use of the PikPak App
You may not post or otherwise make available on or through the PikPak App any of the following:
Private information of any other persons (including names, email addresses, phone numbers, Social Security numbers and financial information);
Content that is libelous, defamatory, abusive, offensive or hateful;
Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;
Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;
Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;
Viruses, corrupted data or other harmful, disruptive or destructive files or code;
Content that, in PikPak’s judgment, is objectionable, may restrict or inhibit another from enjoying the PikPak App or may expose PikPak or users of the PikPak App to harm or liability of any type; and/or
Content that you are contractually or legally required to keep confidential.
Your use of the PikPak App is at your own risk. PikPak is not responsible or liable for the conduct of, or your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, PikPak is not liable for the content of any jobs. Although we have no obligation to screen, edit or monitor jobs, we reserve the right, and have the discretion, to screen, edit or remove any jobs at any time, for any reason and without notice.
Disputes between You and a Mover or Driver
The PikPak App is merely a neutral means of connecting you with movers or drivers. We do not represent or warrant that any mover or driver will meet your expectations or instructions in performing any Services. Any dispute that you may have regarding the performance of any Services, including any dispute related to the time, place, and manner of doing so, is between you and the applicable mover or driver. PikPak is not responsible for the replacement or repair of any of your personal property that may be damaged by a mover or driver while performing the Services.
Please report any suspected illegal or unethical behavior by a mover or driver during the performance of any Services to: support@PikPakapp.com.
As between you and PikPak, all information, materials and content of the PikPak App, including text, graphics, data, formatting, designs, HTML, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by PikPak or is used with permission. When you create, share, link to, or otherwise make available any jobs, you grant us a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such jobs throughout the world in any manner or media, on or off the PikPak App. PikPak reserves all rights not expressly set forth in these Terms. You hereby irrevocably waive in favor of PikPak any and all moral rights that you may possess in or to any jobs.
By accepting these Terms or using the App you affirmatively consent to PikPak’s collection, use, disclosure and storage of your location information. You may revoke your consent with respect to PikPak’s collection, use, disclosure and storage of your location information at any time by deleting the App from your mobile device, or by changing the privacy settings on your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.
If you consent to our collection of location information and you do not subsequently stop the collection of this location information, PikPak will continue to collect this location information. If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, PikPak will resume the collection of location information.
PikPak takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
EXCEPT AS REQUIRED OTHERWISE OF PIKPAK BY APPLICABLE LAW, THE PIKPAK APP AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING JOBS) ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM AND EXCLUDE ANY AND ALL OTHER WARRANTIES, CONDITIONS, AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN), AND ALL OTHER TERMS WHICH MAY BE IMPLIED INTO THESE TERMS BY LAW, WITH RESPECT TO THE PIKPAK APP AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIKPAK APP (INCLUDING JOBS) AND THE SERVICES PERFORMED BY MOVERS OR DRIVERS.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PIKPAK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE PIKPAK APP (INCLUDING THE APP AND ANY JOB OR BID), SERVICES PERFORMED BY MOVERS OR DRIVERS, AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF PIKPAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF PIKPAK AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES AND INVESTORS WILL NOT EXCEED THE FEE TO DOWNLOAD THE APP (IF ANY) AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE.
You will defend us from and against any actual or threatened suits, actions, proceedings (at law or in equity), and claims, and indemnify us for any and all damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any of your conduct with respect to the PikPak App or your violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your PikPak account.
Changes to the PikPak App
PikPak reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the PikPak App and/or any features, information, materials or content on the PikPak App with or without providing notice to you. PikPak will not be liable to you for any changes or discontinuance of the PikPak App or any part of the PikPak App.
Consent to Electronic Communications
By using the PikPak App, you agree that we may communicate with you electronically regarding your use of the PikPak App and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at email@example.com.
Suspension and Termination
PikPak may suspend or terminate your rights to access or use the PikPak App (including the App) for any reason or for no reason at all and with or without notice at PikPak’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH PikPak AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PikPak.
These Terms shall be governed by and construed in accordance with the laws of the State of Washington and the United States of America, without resort to any conflict of law provisions.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the PikPak App, you and PikPak agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in Seattle, Washington. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and PikPak are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and PikPak will not commence against the other a class action, class arbitration or other representative action or proceeding.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in Seattle, Washington. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Seattle, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use of the PikPak App.
Enforcement of these Terms is solely at PikPak’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. The section headings of these Terms are for reference purposes only and will not affect the meaning or interpretation of these Terms.
These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the PikPak App and the Services, and they supersede any prior agreements that may have been made.
If you have any questions about these Terms, please email us at firstname.lastname@example.org