Terms and Conditions

1. Overview

Welcome to Pickitapp! These Terms and Conditions ("Terms"), together with the documents and policies incorporated and referenced in these Terms, including the Privacy Policy, shall constitute an agreement ("Agreement") between You ("You, Your, Yourself"), and Pickitapp Holding Ltd along with its affiliates, successors, and assigns (Pickitapp, We, Us, or Our").

By visiting Our Website ("Website"), our mobile and web application ("App"), and any application or technology We make available (collectively referred to as the "Platform"), using any service offered on the Platform, or otherwise accessing Our Platform, You indicate that You accept these Terms and that You agree to abide by them.

If You do not agree to these Terms, please do not access Our Platform. You should read this Agreement carefully before starting to use the Platform.

We reserve the right to update, change or replace any part of the Terms by posting updates and/or changes to the Platform. It is Your responsibility to check the Terms periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.

When You agree to these Terms and accept this Agreement, You do so on behalf of Yourself and any person that You entitle or authorize to use Your Pickitapp's account to the extent provided in these Terms. You are responsible for obtaining all consents and authorizations needed to accept this Agreement for others.

2. Definitions

• Delivery Driver(s): means individuals who have downloaded the Platform and registered to provide delivery services to Shoppers who purchase Services on the Platform.
• Home Business Owner(s): means individuals who run businesses from their homes, offering various types of goods and services on the Platform, that are created and sold from their residences.
• Service(s): means various types of goods, products, and services that are offered by the Home Business Owners and Suppliers through the Platform.
• Service Providers: means collectively the Home Business Owners, Suppliers, and Delivery Drivers.
• Shopper(s): means individuals who use the Platform to access and purchase Services offered by Home Business Owners.
• Supplier(s): means a business or individual who provides raw materials or other goods necessary for the production of the Services offered by Home Business Owners.
• Visitor(s): means an internet user who visits the Platform.

3. The Platform Description

The Platform operates under the name of Pickitapp. Pickitapp is an online marketplace that enables Home Business Owners in the Kingdom of Saudi Arabia to offer their Services to Shoppers. It is a Platform designed to connect sellers with buyers, where Home Business Owners can showcase their Services and Shoppers can browse and purchase them online.

The Platform acts as a disclosed agent and an intermediary between Home Business Owners and Shoppers (the "Disclosed Agent"). When You order from one of the Home Business Owners, Pickitapp works as a Disclosed Agent on behalf of these Home Business Owners to finish Your order from the system and application and to manage your experience throughout the application process. Once You place an order, Your items will be delivered to you according to your pre-approved site map by Pickitapp, depending on Your selected Home Business Owner.

By creating an account and registering to the Platform ("Membership"), You can access and choose any of the Services related to each Home Business Owner. Pickitapp reserves the right, from time to time, to: update the Platform; and/or make new applications, tools, features, or functionalities available through the Platform, the use of which shall be contingent upon Your agreement to additional Terms and/or service fees. Pickitapp reserves the right to discontinue the Services, the Platform, or certain applications, tools, features, or functionalities of the Platform, for any reason, at any time, at Pickitapp's sole discretion, without any liability to You or any other party.

4. What You Represent

You represent and agree to the following:

1. Representations and Warranties: You hereby represent and warrant that: (a) You are at least 18 years old; (b) You have not been previously suspended or removed from the Platform; and (c) You will provide any requested documentation, including documentation necessary to verify your identity and payment information.
2. Age Restriction: You understand and acknowledge that the use of the Platform by individuals under the age of 18 is prohibited without parental supervision.
3. Truthful Representation: You agree to provide accurate, truthful, and current information to the best of Your knowledge. You further represent that You have the necessary rights, authority, and power to agree to these Terms and perform the obligations required by this Agreement.
4. Independent Service Providers: Home Business Owners, Suppliers, and Delivery Drivers are independent service providers and are not our employees, agents, or representatives. The Platform's role is limited solely to introducing Shoppers to these Service Providers and their Services. Home Business Owners, Suppliers, and Delivery Drivers are solely responsible for the services they provide.
5. Service Provider Terms: For Home Business Owners, Suppliers, and Delivery Drivers please refer to the separate Terms and Conditions applicable in each case.

5. Use of the Platform

By using the Platform and/or providing any Services through the Platform, You agree that:

• You acknowledge and agree that You will not use the Platform for any illegal or unauthorized purpose, and You will not violate any applicable laws or regulations, including copyright laws.
• You agree not to transmit any viruses, worms, or other harmful code.
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform or any content on it, without prior written permission from Us.
• You agree to provide Us with certain information, including Your first and last name, phone number, email address, and credit or debit card details ("Shopper Data"). This information is necessary for Us to provide the Services. When You request a Service, You may be required to provide additional information, including a detailed address and other personal information. We may use this information to deliver the Services to You, if necessary, in accordance with our Privacy Policy.
• You also agree that We may use some information to contact You in the context of Your request if necessary (in accordance with Our Privacy Policy). If You do not provide Us with all the required information, You cannot be provided with any of the Services.
• You are required to create a personal profile (the "Shopper Profile"), which includes Your Shopper Data. When You purchase a Service through the Platform, You will receive information that includes details about the Service purchased.
• You are prohibited from purchasing, receiving, posting, or accepting any materials or products related to the Services that fall under the following prohibited categories: alcohol, forbidden animals and species, pornographic materials, materials and applications protected by intellectual property rights, counterfeit and illegal goods, devices and mechanisms used to break or hack technical protection, drugs and equipment, games and gambling, electronic piracy materials, illegal telecommunications equipment, unapproved pharmaceuticals, offensive Goods, aggressive and criminal goods (stolen goods), fireworks and hazardous materials, and weapons.

6. Account Creation and Login Credentials

Shopper Account Creation and Login Credentials: When You want to use the Platform, You will need to sign up and create a Shopper Account (as mentioned above). During the sign-up process, You will need to provide Us with accurate information about Yourself, including Your Shopper Data and Shopper Profile as defined in these Terms under clauses 5 (d) and 5 (e). Please make sure to keep this information up to date.

To access Your Shopper Account, You will need to use your personalized login credentials (the "Shopper Login Credentials"). It is important to keep these credentials secure and confidential, and not share them with anyone else. You are responsible for any activity that occurs on Your account using Your Shopper Login Credentials, whether it was authorized by You or not.

Lost, Stolen, or Compromised Account or Login Credentials: If You believe that Your Shopper Account has been compromised, or that Your Login Credentials have been lost, stolen, or otherwise compromised, You must let us know immediately by contacting our customer support team at [EMAIL]. This will help us protect Your account and prevent any unauthorized activity.

You are responsible for all payment instructions or transactions made through Your account, whether or not You authorized them. If Your account or login credentials are stolen, lost, compromised, or used without Your permission, You will be held liable for any losses or payments unless You promptly notify Us and We have a reasonable amount of time to act on Your notice. You will also be held responsible for any losses or unauthorized payments resulting from fraudulent or illegal access to Your systems. You are responsible for ensuring that Your payment instructions are accurate and free of errors unless limited by law. If You report any unauthorized or erroneous payments or transfers in a timely manner, We will try to reverse or recover them on Your behalf, but We do not guarantee success and are not liable for any losses resulting from such payments or transfers.

7. Prohibited Uses

We want to make sure that You use the Platform responsibly and follow the rules. Therefore, You are not allowed to use the Platform:

• For any illegal or unlawful purposes.
• To encourage others to participate in any unlawful activities.
• To violate any applicable laws or regulations.
• To steal or use the intellectual property rights content or trademarks of others, without permission.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To give inaccurate information or otherwise submit false or misleading information.
• To upload or transmit viruses or other malicious code that could affect the Platform or the internet.
• To collect or track other users' personal information without their consent.
• To engage in spamming, phishing, or any other fraudulent activities.
• To use the platform for any obscene or immoral purposes.
• To attempt to interfere with or circumvent the security features of the platform or other websites.

8. Accuracy, Completeness, and Timeliness of Information

We are not responsible if any information made available on the Platform is not accurate, complete, or current. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Platform is at Your own risk.

The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the Platform at any time, but We have no obligation to update any information on the Platform. You agree that it is Your responsibility to monitor changes to the Platform.

We reserve the right to limit the purchase of our Services to any person, geographic region, or jurisdiction at Our discretion. We may choose to exercise this right on a case-by-case basis. Please be aware that we may update descriptions of our Services, including pricing, without prior notice. Additionally, We reserve the right to discontinue any of Our Services at any time. Please note that any offer for Our services made on the Platform is void in any location where such services are prohibited. We want to make it clear that we do not guarantee the quality of any Services purchased or obtained through our platform, as individual experiences may vary.

9. Payment and Billing Information

9.1 Payment

The following conditions apply to the payment of certain fees on the Platform (the "Service Fees"):

• To access certain features of the Platform, you may be required to pay Service Fees, which may include transaction fees, payment processing fees, and other special service fees. As a Shopper, You are responsible for paying all applicable Service Fees for your use of the Services. Payment for these fees can only be made through the Platform.
• When purchasing a Service with a fee, you will have the opportunity to review and accept the Service Fees that will be charged. Please note that Service Fees are subject to change from time to time, and any changes will be updated on the Platform. We may also temporarily change Service Fees for promotional events or introduce new services, and such changes will be effective when We post the temporary promotional event or new Service on the Platform or inform You as a Shopper.
• By using the Platform and providing Us with your credit or debit card information (which You authorize to store), You give Us permission to automatically charge You the applicable Service Fees in Saudi Riyal ('SAR') or any other currency for Your use of the Services. Please note that You will be responsible for any currency conversion rates and fees applicable to international payments.

Please be aware that any failure to pay Service Fees may result in the suspension or termination of your access to the Services provided on Our Platform. We recommend that You review Your payment details carefully and contact Us with any questions or concerns regarding the payment process.

9.2 Price and Taxes

Services purchased on the Platform are subject to VAT, and the prices quoted are exclusive of VAT as determined solely by the Service Providers. Please be advised that We assume no responsibility for the pricing of the Services. The price of the Services displayed on the Platform is determined by the Service Providers and is stipulated at all times, except in cases of obvious error. While we take great care to ensure that the prices quoted on the Platform are correct and accurate, errors may occur. We value your experience with our Platform and strive to ensure that all information presented is transparent, accurate, and up-to-date. If you have any questions or concerns regarding the price of the Services or VAT, please do not hesitate to contact us.

9.3 Payment Gateway

We kindly ask that You take note of the following provision related to Your use of the Payment Gateway. By using the Payment Gateway, You agree and guarantee that:

• You will not utilize the Payment Gateway for any form of money laundering and will promptly report any suspicious activities or parties knowingly involved in such actions.
• Your use of the Payment Gateway complies with all laws and regulations applicable in Your jurisdiction.
• You agree to comply with all of the Payment Gateway's applicable terms and policies.
• In order to complete the payment process, We will request that you provide the following payment details: Your card number, Your CVV, and the expiration date of Your card.

We value our relationship with You and take Your compliance with these provisions seriously. If you have any questions or concerns regarding the Payment Gateway or these terms, please do not hesitate to contact Us.

9.4 Payments in Cash

Unless otherwise specifically indicated, payments may be made in cash upon delivery, at the request of the Shopper, where such option is available on the Platform. We value your experience with our Platform and strive to ensure that all transactions are seamless and secure. If You have any questions or concerns regarding payments or any other aspect of Our services, please do not hesitate to contact Us.

9.5 Use of Credit/Debit Card

To minimize the risk of non-authorized access, Your credit/debit card details will be encrypted by the Payment Gateway [TBC]. Once Your request is received, The Payment Gateway may request a pre-authorization on Your card to ensure that there are sufficient funds to complete the transaction. Credit/Debit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, We will not be liable for any delay or failure to deliver the Service and We will be unable to conclude any contract with You. Visa or MasterCard debit and credit cards in Your local currency are accepted for payment. Please note that We, and Service Providers do not have access to any credit/debit card information provided by You under no circumstances. For more information about this, please review the Payment Gateway's terms of user.

9.6 Updating Your Account

By using our Platform, You agree to provide current, complete, and accurate information related to all purchases and account information. You agree to promptly update Your account and other information as needed to ensure that we can complete Your transactions and contact You as necessary.

9.7 Restrictions on Use

We reserve the right to refuse any request for a Service You place with Us. In Our sole discretion, We may limit or cancel the Services requested, including paid Services placed by or under the same account, the same credit card, and/or requests that use the same email address and/or mobile number. We may also limit or prohibit requested Services that, in Our sole judgment, appear to be provided by Service Providers. In the event that We make a change to or cancel any Service, We will attempt to notify You by contacting the email address and/or mobile number provided at the time the Service was requested.

10. Refund and Cancellation Policy

At Pickitapp, We are committed to providing You with a satisfactory shopping experience. If You are not satisfied with a Service You have purchased on Our Platform, please contact us within 24 hours of receiving the Service to request a refund. Our team will review Your request and aim to respond within 48 hours.

To be eligible for a refund, the Service must not have been used or partially used. We cannot issue a refund for any used or partially used Services. Also, any request for a refund must be made within 24 hours of receiving the Service. After this time period, we cannot process any refund requests.

We reserve the right to deny any refund request that we deem to be fraudulent, abusive, or in violation of our terms and conditions. For any refund requests, please contact us through our customer support channels at [EMAIL]. Please note that we may update our refund and cancellation policy at any time and at our sole discretion.

11. Correct Errors

We understand that mistakes happen, and We want to make sure that You have the ability to correct any errors that may occur while entering Your Shopper Data. If You do make an error, please don't hesitate to contact Our customer service team through [EMAIL] or directly through Our Platform, and We will be happy to help You correct it.

If You have purchased a Service and later discover an error in Your request after the payment process is complete, please reach out to Us immediately through the App chat feature so that We can work to correct the error as quickly as possible.

At Pickitapp, We value Your satisfaction and want to ensure that Your experience with Us is as seamless and error-free as possible. Please don't hesitate to contact Us with any questions or concerns You may have about correcting errors in Your Shopper Data or Service requests.

12. Responsibility for Damages that You suffer

In the event of any error attributable to us, Pickitapp shall be responsible. However, we cannot be held liable for any mistake, error, or damage arising from the quality of the food itself, as we are acting solely as a Disclosed Agent. Pickitapp acts solely as an intermediary between you and the participating Home Business Owners. While we strive to offer reliable and timely services, we have no control over and do not guarantee the quality, safety, or legality of any items offered by restaurants, the truth or accuracy of the listings, or the ability of restaurants to sell items.

In no event shall Pickitapp, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the service; any conduct or content of any third party on the service; any content obtained from the service; and unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Pickitapp shall not be liable for any damages or injury arising from the consumption of food or items provided by Home Business Owners through the platform. You agree to use the platform at Your own risk, and Pickitapp shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or relating to the use of the platform or services provided by restaurants. We shall not be responsible for any allergic reactions you may experience, as it is your responsibility to be aware of your own allergies before ordering any food item containing allergenic ingredients.

Your sole and exclusive right and remedy in case of dissatisfaction with the service, any conduct or content of any third party on the service, any content obtained from the service, and unauthorized access, use or alteration of your transmissions or content, is to direct your claims against the respective Home Business Owner and not Pickitapp.

13. Third-Party Links

Certain Services available via Our Platform may include materials and content from third parties. Third-party links or content videos on the Platform will direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, content, and practices, should be directed to the third party in question directly.

14. Shopper Comments, Feedback, and Other Submissions

If We ask you to submit certain specific submissions (such as contest entries) or if You send Us creative ideas, suggestions, proposals, plans, feedback, posts, replies, or other materials, whether online, by email, by postal mail, or otherwise (collectively, the "Comments"), You agree that We may edit, copy, publish, distribute, translate and otherwise use any Comments You send to Us, without any restrictions. We have no obligation to keep your Comments confidential, compensate You for Your Comments, or respond to them. However, We reserve the right to monitor, edit or remove content that We find in our sole discretion to be offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property rights or these Terms including but not limited to any defamation, insult or abusive remark to the Service Providers.

Please note that Comments on the Platform cannot be used to promote any commercial or business activity or arrange a transaction outside the scope of the Platform, or seek any sales commission. Any feedback, images, messages, or listings must always relate to a specific Service and not contain any contact details, including but not limited to, email addresses, phone numbers, and web addresses. You may only provide Comments upon the Service's completion.

You agree that Your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or the Platform. You will not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for the accuracy of any Comments You make. We take no responsibility and assume no liability for any Comments posted by You or any third party.

15. Intellectual Property

This Platform contains material and content which is owned by or licensed to Pickitapp. This material and content include, but are not limited to, the design, layout, look, appearance, pictures, videos, information, and graphics. Reproduction is prohibited other than in accordance with a copyright notice, which forms part of these Terms. The Platform may only be used by You, and You may not rent, lease, lend, sub-license, or transfer the Platform or any data residing on it or any of Your rights under these Terms to anyone else.

You may not develop or derive for commercial sale any data in machine-readable or other forms that incorporates or uses any substantial part of the Platform. You may not transfer to or store any data residing or exchanged over the Platform to any electronic network for use by more than one (1) Shopper unless You obtain prior written permission from Us. Except as otherwise expressly provided, You may not sell, modify, reproduce, copy, display, perform, distribute, transfer, use, publish, license, or create derivative works from any content contained in the Platform. The use of the Platform's content on any other platform or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the coding that We create to generate the pages. You may not upload, post, or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. Pickitapp does not have any express burden or responsibility to provide You with indications, markings, or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission.

Subject to any third-party rights in any preexisting content included within Your Shopper Content, You retain ownership of any rights You have in Your Shopper Content, and submitting Your Shopper Content to the Platform does not transfer ownership of Your rights. You hereby grant Pickitapp an unrestricted, assignable, sublicensable, royalty-free, worldwide license to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from external sites, and otherwise exploit and use all or any part of all Shopper Content You post to or through the Platform by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting Pickitapp and the Platform; (ii) displaying and sharing Your Shopper Content to other Shoppers of the Platform; and (iii) providing the Service as authorized by these Terms.

You acknowledge that We may not always identify paid services, sponsored content, or commercial communications as such. You further grant Us a royalty-free worldwide license to use Your Shopper's name, image, voice, and likeness to identify You as the source of any of Your Shopper Content. You must not post any Shopper Content on or through the Platform or transmit to Pickitapp any Shopper Content that You consider to be confidential or proprietary. Any Shopper Content posted by You to or through the Platform or transmitted to Us shall be considered non-confidential and non-proprietary, and treated as such by Us, and shall be used by Us in accordance with these Terms without notice to You and without any liability to Us. The foregoing provisions apply equally to and are for the benefit of Pickitapp, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

16. Warranty Disclaimer for the Platform

Your access to the Platform and/or Your use of any of its Services is at Your sole risk. You acknowledge that We may use third party suppliers for hardware, software, connectivity, and all business requirements to get You the Services. The acts and omissions of those third-party suppliers shall be outside of Our control and You can't hold Us liable for any loss or damage suffered as a result of any act or omission of any third party.

We do not warrant that: (i) the Platform will meet Your specific requirements; (ii) Your access to the Platform or any of its services will be uninterrupted, timely, secure, or error-free; (iii) the Platform will be accurate or reliable; (iv) the quality of any Services, information, or other material purchased or obtained by You through the Platform will meet Your expectations; or (v) any errors in the Platform will be corrected.

The information presented or contained in Pickitapp, or provided through the Platform ("Content") is presented for the purpose of promoting the Service Providers and providing their Services. You acknowledge that the Platform is a marketplace to enables Shoppers and Service Providers to buy and sell Services. In the event where a Shopper clicks on "Proceed" link on the Platform, the purchase is placed with the Service Providers and not Pickitapp. We make the Services available for purchase, take the Service, and collect the payment as the Disclosed Agent of the Service Providers and not on Our own behalf. Upon the click on the "Proceed" link on the Platform, an agreement is formed between You and Us directly.

Pickitapp is not responsible or liable for any misconduct of any of its Shoppers, Service Providers, or Delivery Drivers. All contact between You and the Service Providers/Delivery Drivers, including any transactions or messages, is entirely at Your own risk. We are not responsible for the ownership, content, quality, result, or legality of Services sold or listed on the Platform or for the accuracy of listings or the ability to complete a transaction. The Content and other information contained in the Platform are compiled from a variety of sources.

17. Limitation of Liability

By using Our Platform, You waive and agree not to assert any claims or allegations of any nature whatsoever against Pickitapp, its parent, affiliates or subsidiaries, their sponsors, suppliers, contractors, advertisers or other partners, licensors, any of their successors or assigns, or any of their respective officers, directors, agents, employees or interns arising out of or in any way relating to Your access or use of the Platform, including, without limitation, any claims or allegations related to the infringement of proprietary rights, or allegations that any of the mentioned above parties ("Related Parties") has or should indemnify, defend or hold harmless You or any third party from any claim or allegation arising from Your use or other exploitation of any third party products or the Platform.

Without limiting the foregoing, neither Pickitapp nor any other Related Parties shall be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of property, or otherwise, arising out of or in any way connected to the access to the Platform and the use of or inability to use any or all of the services, including without limitation any damages caused by or resulting from Your reliance on the Platform or other information obtained from or accessible via Pickitapp or any other Related Parties, or that result from mistakes, errors, omissions, interruptions, deletion of files or data or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, force majeure, communications failure, theft, destruction or unauthorized access to Pickitapp's or any other Related Parties' records, programs or services.

PICKITAPP SHALL NOT BE HELD LIABLE FOR SHOPPER AND OTHER' INFORMATION DETAILS THAT ARE PROVIDED OUTSIDE THE SCOPE OF THE PLATFORM INCLUDING, BUT NOT LIMITED TO, THE PLATFORM AND DIFFERENT CHANNELS OF COMMUNICATION LIKE PHONE AND EMAIL CONVERSATIONS OR EVEN PHYSICAL/LIVE COMMUNICATION.

PICKITAPP SHALL NOT BE HELD LIABLE FOR ANY BAD BEHAVIORS OF A SERVICE PROVIDER/DELIVERY DRIVER AND/OR A SHOPPER INCLUDING, BUT NOT LIMITED TO ANY BADLY, UNCOMPLETED SERVICE, GROSS NEGLIGENCE IN THE QUALITY OF THE SERVICE PURCHASED, OR SHALLFUL MISCONDUCT, ANY MORAL AND/OR PHYSICAL DAMAGES SUCH AS INJURY, DEATH THAT SHALL OCCUR TO A SHOPPER, DELIVERY DRIVER, OR THIRD PARTY.

18. Community Guidelines

As a user of the Platform, You are responsible for Your communications and Your use of Pickitapp. You must not engage in any of the following activities under any circumstances:

• (a) using simultaneous, unattended, or continuous connections to Pickitapp with one account;
• (b) posting or transmitting any message that is libelous or defamatory;
• (c) posting or transmitting any message, data, image, or program that is indecent, obscene, or pornographic;
• (d) posting or transmitting any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion;
• (e) using the Platform to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
• (f) intercepting or attempting to intercept email or other private communications not intended for You;
• (g) sending unsolicited email messages to other Shoppers, using Your email account as an address to which Shoppers need to respond, or using the Platform as a mass unsolicited distribution medium to communicate a generally unsolicited message (unless otherwise permitted by Pickitapp);
• (h) sending unsolicited email messages through third-party mail servers to relay Your email or hide the origination of Your email to others;
• (i) uploading or downloading files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless You own or control the rights to such files or have received all necessary consents;
• (j) deleting any author attributions, legal notices, or proprietary designations or labels in a file that Your upload to Pickitapp;
• (k) falsifying the source or origin of software or other material contained in a file that Your upload to Pickitapp;
• (l) using Pickitapp in a manner that adversely affects the availability of its resources to other Shoppers;
• (m) falsely purporting to be an employee or agent of Pickitapp;
• (n) causing repeated disruptive incidents;
• (o) acting, or failing to act, in Your use of Pickitapp in a manner that is contrary to applicable law or regulation;
• (p) engaging in any other activity deemed by Pickitapp to be in conflict with the spirit or intent of this Agreement.

Additionally, You must not post or transmit any message that is harmful, threatening, abusive, or hateful. While Pickitapp encourages Shoppers to express their opinions and take controversial positions, it reserves the right to take appropriate action in cases where the Platform is used to disseminate statements that are deeply and widely offensive and/or harmful. Each time You upload a file on Pickitapp, You represent and warrant that You own or otherwise control the rights or have the necessary consents to do so. Failure to comply with any of these limitations or obligations may result in civil or criminal liability.

19. Indemnification

By using the Platform, you agree to protect, defend, and hold harmless Pickitapp and its Related Parties from any claim or demand, including reasonable attorney fees, made by any third party resulting from Your violation of the Terms or documents incorporated by reference or Your infringement of any law or the rights of a third-party.

YOU HEREBY RELEASE US AND AGREE TO HOLD PICKITAPP HARMLESS FROM ANY AND ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE SERVICE PROVIDERS OR THE PLATFORM, INCLUDING (WITHOUT LIMITATION) ANY ACT, OMISSION, OPINION, RESPONSE, ADVICE, SUGGESTION, INFORMATION AND/OR NON-MATCH OR BAD SERVICE OF ANY SERVICE PROVIDER AND/OR ANY OTHER CONTENT OR INFORMATION ACCESSIBLE THROUGH THE PLATFORM.

YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT THE PLATFORM IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY. THE USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE FULLEST EXTENT OF THE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. YOU UNDERSTAND, AGREE, AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

20. Severability

In the event that any provision of the Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in the Agreement are included for convenience only and shall not limit or otherwise affect the Terms.

21. Termination

These Terms, including any modifications, will become effective upon Your initial use, pre-Membership, or Membership of the Platform, and will remain in full force and effect throughout Your use of the Platform and its services. Notwithstanding anything to the contrary, We reserve the right to terminate Your Membership and/or block Your access to and use of the Platform at any time and without prior notice, at Our sole discretion. We also reserve the right to refuse service to anyone for any reason and at any time. If Your access to the Platform is terminated for any reason, You will not have the right to obtain copies of any data or communications You may have stored or conducted through the Platform or any other data. You may voluntarily terminate Your use of the Platform at any time by simply deleting your account and discontinuing Your visits or use of any aspect of the Platform.

22. Force Majeure

We shall not be held liable for any delay or failure to perform any obligation related to the Platform if the delay or failure is due to unforeseen events that are beyond Our reasonable control, including, without limitation, acts of God, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, or fire, explosion, accident.

23. Entire Agreement

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms as well as any other policies or operating rules posted by Us on the Platform or in respect to the Services, constitute the entire agreement and understanding between You and Us and govern Your access and use of the Platform, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against Us.

24. Terms Modification

We reserve the right to review and modify these Terms at any time. You are subject to the Terms in effect at the moment in which You access the Platform or use any of its services, except when by law or decision of a governmental entity We must make changes retroactively to said policies, Terms, or Privacy Policy. In this case, the possible changes will also affect requests made previously by You.

25. Governing Law and Jurisdictions

25.1 Governing Law

This Agreement shall be governed by, and all disputes arising under or in connection with this Agreement shall be resolved in accordance with the laws of England and Wales. These laws will apply no matter where in the world you live, but You may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

25.2 Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be referred to and finally resolved by arbitration. The number of arbitrators shall be one (1) and the language to be used in the arbitral proceedings shall be English. The seat (the legal place) of the arbitration shall be the Abu Dhabi Global Market and the Arbitration Regulations of the Abu Dhabi Global Market in force at the date of the reference to arbitration shall apply. Any arbitration under these Terms will take place on an individual basis. You understand that by agreeing to the Terms, You are waiving the right to trial by a judge, or to participate in a class action lawsuit.