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Terms & Conditions

These terms and conditions apply to your use of the Platform (as defined in paragraph 1 below). They include exclusions and limitations of the legal responsibility (obligations and 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 recommended that you print a copy of these Website Terms and keep it for your records.

Introduction

  • 1.1 Picup facilitates the collection and delivery of packages through the Platform which connects you (the Customer) with 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 the standard terms of use of the delivery services available at “Terms of Use”. Unless defined otherwise , terms used in these Website Terms have the same meaning as in the Privacy Policy and the Terms of Use.
  • 1.3 Each time you access the Platform and use the delivery services, you are 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 with any term or condition in these Website Terms, the Privacy Policy, the Terms of Use, any policies, or any subsequent changes to them or if you become dissatisfied with us, the Platform, or the delivery services, you must stop using 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 the Terms of Use) posted on the Platform constitute the complete and exclusive understanding and agreement between you and us.They govern your use of the Platform and the delivery services, and replace 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 you should contact our support team using the contact details provided in paragraph 18 below.
  • 1.7 Your use of the Platform is also subject to any rules and policies of WeChat.

Definitions

  • 2.1 In these Terms:
    • 2.1.1 “we”, “our”, “us” and “Picup” mean 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” mean 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 placed 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 at Privacy Policy;
    • 2.1.9 “Terms of Use” means the terms and conditions on which the Delivery Services are made available, which are accessible at 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 have the same meaning as given to them in the ECT Act.
    2.3 A copy of the ECT Act can be viewed and downloaded at https://www.polity.org.za/article/electronic-communications-and-transactions-act-no-25-of-2002-2002-01-01 and
    https://www.polity.org.za/pdf/ElectronicCommunications.pdf. It is your responsibility to ensure that the copy you download is the most recent version of the ECT Act.
  • 2.3 A copy of the ECT Act can be viewed and downloaded at https://www.polity.org.za/article/electronic-communications-and-transactions-act-no-25-of-2002-2002-01-01 https://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 a “person” includes any individual, company, corporation, unincorporated association or body, government, state, organisation or other entity, whether or not it has a separate legal personality.
  • 2.6 As stated in bold at the top of these Website Terms, by accessing the Platform and/or using the Delivery Services (as amended and updated from time to time), you agree to be bound by these Website Terms.

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”); and web search engines and data and/or information aggregators.

Collection of Personal Information
  • 4.1 We collect personal information from you and will collect, process and store your personal information in accordance with our Privacy Policy.
  • 4.2 By disclosing or submitting your personal information to us, you consent to our 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 your preferred email address.
  • 4.4 By opting in to the Picup Platform, you agree to receive marketing communications from Picup, which may include new product information, feature updates, special discounts, invitations to events, and other similar marketing communications.
  • 4.5 If you wish to unsubscribe from Picup’s communications at any time, you may click on the “unsubscribe” link located at the bottom of any marketing email.
  • 4.6 Your information will not be provided to any third-party, nor will Picup share your information with any suppliers, contractors, clients, or staff who are not affiliated with Picup’s marketing activities.

Registration and Security

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

Platform

  • 6.1 Downloading the Picup App is free of charge.
  • 6.2 It is your responsibility to ensure that you download the correct version of the Picup App for the mobile device you use.

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 (your “User Profile”). You will use this User Profile when logging in to access the Platform and making use of the Delivery Services.
  • 7.2 You are responsible for keeping your User Profile secret to prevent unauthorised use by any other person. To the extent allowed by law, you will be responsible for any loss or damage you may suffer if any other person uses 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 if you suspect that another person has obtained access to your User Profile or if you become aware of any unauthorised use of your User Profile.

Intellectual Property Rights

The Platform and the Delivery Services (the “Materials”) are protected by all applicable laws, including intellectual property laws. This protection extends to all intellectual property rights in and to the Materials, including all rights, title and interest (whether under statute or common law) in copyright, designs and trademarks. Any reproduction, modification, creation of derivative works from, or redistribution of the Materials, or any collective work or compilation incorporating the Materials, is expressly prohibited. Copying or reproducing the Materials, in whole or in part, to any other server or location for further reproduction or redistribution is likewise expressly prohibited.

Acceptable Use Restrictions

You may not:

  • 9.1 use the Platform in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with the Website Terms, or act fraudulently or maliciously, for example, by hacking into the Platform or inserting malicious code, (including viruses), or other harmful data, into the Platform;
  • 9.2 infringe our intellectual property rights or those of any third party in connection with or in relation to, your use of the Platform;
  • 9.3 transmit any material that is defamatory, offensive or otherwise objectionable in connection with or in relation to ,your use of the Platform;
  • 9.4 use the Platform in any way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users’ use of the Platform.

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 email address or IP address, or otherwise terminate your access to the Platform and your use of the Delivery Services, immediately and without notice, for any reason or for no reason at all. This includes, without limitation, circumstances in which we believe that you have violated these Website Terms or the Terms of Use. You further, you agree that we shall not be legally responsible (liable) to you or to any third party for any termination of your access to the Platform or the Delivery Services. You also agree not to attempt to access the Platform or make use of the Delivery Services after any such termination.

Disclaimer of Warranties

You expressly acknowledge and agree that your 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” and “as available” basis, without Picup providing 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 Services and Platform depends on your internet service provider’s network and infrastructure; and/or
  • 11.2 bugs, viruses, trojan horses, or similar harmful code that may be transmitted to or through the Platform 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;
    • requires you to assume responsibility, liability and risk;

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

Limitation of Liability

Assignment

  • 12.1 You acknowledge that the Platform has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Platform, as described on WeChat, meet your requirements.
  • 12.2 You acknowledge and agree that you use the Platform and the Delivery Services entirely at your own risk. I In no event shall we, our officers, directors, employees, or agents, be legally responsible (liable) for any direct, indirect, incidental, special, consequential or exemplary damages (even if we have been advised of the possibility of such damages), arsing from any aspect of your use of the Platform or the Delivery Services. This includes, without limitation damages arising from your use or misuse of the Platform or the Delivery Services, from inability to use the Platform or the Delivery Services, or from the interruption, suspension, modification, alteration, or termination of the Platform or the Delivery Services, except 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 limits 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 any 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 that are implied into these Website Terms (or any contract governed by these Website Terms) by the Consumer Protection Act, 2008 (the “Consumer Protection Act”) (to the extent applicable) or any warranties or obligations that 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;
      • requires you to take on responsibility, liability, and risk;

      This paragraph 12 requires you to assume 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 certain claims made against us. This clause may also result in us having claims against you and in you being legally responsible (liable) to us for further amounts, including for any costs or damages we are required to pay.

Assignment

You may not transfer or assign these Website Terms, or any rights and licenses granted under them. We may transfer or assign them at any time without restriction. Any assignment or transfer by you will be null and void.

Successors and assigns

These Website Terms will be binding on and will inure to the benefit of each party’s successors and permitted assigns.

Violation of terms

Please report any violationof these 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 by us to act 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.

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 you and us, even though these Website Terms are wholly or partly in the form of a data message. You specifically agree that:

  • 16.1 these Website Terms will be treated as if they were 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 by 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, and authorised by us; and
  • 16.6 subject to the further provisions 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 by a person who has authority to act on our behalf in respect of that data message.

Interpretation and miscellaneous provisions

  • 17.1 Unless the context indicates otherwise or it is expressly stated to the contrary, these Website Terms and the relationship between you and 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 that 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 accrued rights or liabilities of either party,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 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 these Website Terms contravenes any provision of the Consumer Protection Act. Accordingly, all provisions of the Website Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the Consumer Protection Act.

How to contact us

If you have any questions about these Website Terms, our Privacy Policy or the Terms of Use, please contact us on 086 999 0393 or at info@picup.co.za, or at first floor, 112 Loop street, Cape Town.