General Terms and Conditions

These general terms and conditions govern the use and access to the service provided by Pickbee, S.L. ("Pickbee"), a company with registered address at Lajpat Nagar II, New Delhi, India and email address:contact@pickbee.com . The service provided by Pickbee is based on a collaborative consumption model, which is accessible by means of any mobile phone, tablet or any other smart devices and also available at www.pickbee.com and the APP Pickbee.
You acknowledge and agree that, by accessing or using the APP, the Site and the Pickbee Platform, or by becoming a Member, you will be indicating that you have read, understood and agreed to be bound by these Conditions and the Privacy Policy

"Pickbee" or "we" means Pickbee, the company maintaining the platform that puts in contact people through their APP for the shipment of items.
"APP" means the Pickbee application by means of which Pickbee provides the service to the users.
"Site" means the web site through which Pickbee provides the service to the users.
"Service" "Pickbee Service" means the online service through which a person (i) who intends to request an item and (ii) another one who intends to delivers it, are put in contact for the delivery of an item.
"Platform" means the online service platform through which the Service is provided.
"Conditions" means these General Terms and Conditions.
"Carrier" means the natural person who will carry the item from a place to another, as requested by the Buyer.
"Buyer" means the natural person who requests the Carrier to purchase and transport the item to another place.
"Make a Request" means the request for buying an item.
"Make a delivery" or "Item" means: the item that will be purchased and carried by the Carrier, as requested by the Buyer.
"Delivery fee" means the specific amount of money that the Buyer is going to pay to the Carrier for the performance of the Request.
"Member"," User" or "You" means any person with a registered account in the Pickbee's APP.
"Picture" means the picture of the Item that the Carrier may take and poston Make a request menu for the transportation of the Item.
"Where do you need it?" or "Destination point" means the location where the Shipment has to be finally delivered specified by the Buyer on the Request.
"Where do you need it from?" means the place or specific location form where you need the item or product.
"Product description" means the little details about the product you need to get a more thorough about the actual product the person need.
"Approx Price" is the guessed price of the product for the carrier or delivery guy to get the idea about how much it is going to cost them for the product they need to purchase.
"Pickbee Number" means the number associated to each Request.

The Platform, based on a collaboration consumption model, is an online Platform through which the Service is provided, that can only be used to facilitate a matching service between people:
who intend to request an item ("Buyer") to a specific location ("Where do you need it?") that are put in contact with people who have planned to travel, by car or walking ("Carrier") to that specific location, and who are willing to carry the Shipment that will be received by a person at the Destination point ("Buyer");
In light of the above, Pickbee makes available to Users an online platform with related technology for Buyers and Carriers to meet through the APP, and to facilitate a matching service for those Users to arrange the delivery of Shipments directly with each other.

The Service compromise an online platform through which Members may create listings aimed to carry and, where applicable, buy a specific Item. The Members understand and agree that Pickbee is not a party to any agreements, contracts or relationships of any nature, entered into between Parties and therefore Pickbee can not be liable for the mentioned agreements, contracts or relationships of any nature since the latter is solely an intermediary platform and its liability can only be derived from the functioning and availability of the APP.
You acknowledge and agree that, by accessing or using the APP, the Site and the Pickbee Platform, or by becoming a Member, you will be indicating that you have read, understood and agreed to be bound by these Conditions. Please read them carefully. By using the APP, the Site and the Service the Member agrees (i) to fully comply with these Conditions, (ii) not to use the APP, the Site nor the Service for any commercial purpose, and he/she recognizes (iii) that Pickbee is not party to any agreements, contracts or relationships of any nature entered into between the Members. Please also read carefully our Privacy Policy. If the Member do not agree to these Conditions nor with the Privacy Policy, he/she has no right to obtain information from or otherwise continue browsing and using the APP, the Site and the Service.
In addition, the Member understands and agrees that his/her relationship with Pickbee is limited to being a Member and he/she acts exclusively on his/her own behalf when using the Service. Pickbee does not control, including but not limited to, the Requests, travels, offline activities, the Shipment choice, development and completion, nor the validity, truthfulness or legality of the information published. Pickbee is an intermediary platform that does not provide any transport service and does not act in the capacity of Carrier, and Buyer. Pickbee only facilitates access to the Platform.
Members of the Service, agree not to do anything to create a false impression that they are endorsed by, partnering with, or acting on behalf of or for the benefit of Pickbee, including by inappropriately using any Pickbee intellectual or industrial property. Besides, Users agree to use the Service and the Platform only to be put in contact, on a non-business and non-commercial basis only for their personal use.

Pickbee may modify the APP, the Site or these Conditions. If we modify these Conditions , we will post the modification on the APP and provide the Members a notice of the modification. The Members continued access or use of the APP and/or the Site will constitute acceptance of the modified Conditions.

In order to have access to the Pickbee Platform, this means, to request to buy and accpet to deliver, the Users must create an account ("Pickbee Account") , and become a Member. Users may register to join the Service directly via the APP, or as described below.
The Member can also join by logging into his/her Facebook account via our APP or Site. By granting Pickbee access to his/her Facebook account, he/she understand that Pickbee will access, make available and keep (if applicable) certain information from the Member's Facebook account. Please read carefully our Privacy Policy to register on the Platform. Pickbee makes no effort to review any Facebook account for any purpose, including but not limited to for accuracy, legality or non-infringement. The Member's Pickbee Account and Pickbee Account profile page will be created for his/her use of the APP and Site based upon the personal information he/she provides to us or that we obtain via Facebook, as described above.
The Member can also join by logging into his/her Google account via our APP or Site. By granting Pickbee access to his/her Google account, he/she understand that Pickbee will access, make available and keep (if applicable) certain information from the Member's Google account. Please read carefully our Privacy Policy to register on the Platform. Pickbee makes no effort to review any Google account for any purpose, including but not limited to for accuracy, legality or non-infringement. The Member's Pickbee Account and Pickbee Account profile page will be created for his/her use of the APP and Site based upon the personal information he/she provides to us or that we obtain via Google, as described above.
The Member shall not provide inaccurate, fraudulent, incomplete or otherwise information that could be considered as a violation of these Conditions. Pickbee reserves the right to suspend or remove Member's Pickbee Account and their access to the APP/Site.

The APP and the Service are intended solely for persons who are 18 or older and in full possession of their physical and mental capacities. Any participation on the Service, access to or use of the APP, Site or the Service by anyone under 18, and/or without the full possession of their physical and mental capacities, is expressly prohibited. By participating, accessing or using the APP, the Site and the Service the Members represent and warrant that they are 18 or older and that they are in full possession of their physical and mental capacities.

For the execution of the delivery, Buyer and Carrier (collectively, the "Parties") must be dully registered and comply, respectively, at least, with the obligations and restrictions described throughout these Conditions. For the Parties convenience, please see below the main obligations applicable to each Party, following the two possible factual scenarios 1 and 2 explained in Section 2 above.

The Carrier is obliged to make available his/her travel details required (such as, Where he/she is? ("Current Location") and Where he/she is headed to?("Destination Point") etc.) so as to carry out the Buyer's Request (i.e., carry out the relevant Shipment).
Having (i) included the above information, (ii) selected a potential Shipment to be carried and, (iii) arranged all the details related to the Shipment with the Shipper, the Carrier will be required to perform an on-site thorough evaluation of the Shipment bearing in mind the existing legal and technical restrictions as explained below. Upon the evaluation, the Carrier reserves the right to reject the Shipment based on the legal limitations, reasons of security or safety, etc.
The Carrier acknowledges that he/she must be sufficiently solvent so as to be able to cover the relevant Declared Value.
Once accepted the performance of the delivery and until the official delivery of the Item takes place at the Destination point, the Carrier will be obliged to (i) carry the Shipment with due diligence avoiding any potential damage or lost of the Item, (ii) comply with the instructions given by the Buyer, and finally (iii) deliver the Shipment as agreed by the Parties.

Under this context the Buyer would be the natural person who will request the purchase. To that end, the Buyer will act as a Shipper and Recipient since he/she will request and receive an Item, but subject to these specific obligations:
The Buyer is obliged to carry out a thorough evaluation of the Shipment that he/she is willing to purchase and receive, in terms of weight and size, price, customs legal restrictions, and any other legal applicable restriction, as further described below in Section 8.
Having the certainty that the Shipment can be purchased and sent, complete the specific form describing the Item to be purchased (e.g., price, size, category, recommended shops, Shipment fee, etc.).
Check the purchased Item and the purchase receipt.

The Parties acknowledge that in case of cancellation of the Request, they should notify such circumstance to Pickbee and agree between them the terms of the Item's return.
The parties agree that Pickbee is an intermediary platform that does not provide any transport service and does not act in the capacity of Buyer and Carrier and therefore its liability can only be derived from the functioning and availability of the APP.

All Members when using the Platform agree to be fully and properly informed about all the legal obligations and restrictions. In the sense, Parties must comply, including but not limited to, with all the technical and legal obligations and restrictions imposed by the relevant state regulation.
The Buyer agrees that the Declared value of the Shipment to be purchased can not, in any case exceed the amount of Rs 1500.00. Likewise, the Shipment fee paid to the Carrier must not exceed, in any case, the amount of Rs 120.
Pickbee as a mere intermediary Platform has no access, in any case, to the Shipment. Under no circumstances, Pickbee will be considered as owner of the Shipment or its contents. Pickbee can not and does not control the content of the Shipment and the condition, legality or suitability of any Shipment. Pickbee is not responsible for and disclaims all liability related to any and all shipments. Any Request will be made or accepted at the Members' own risk. Unless explicitly specified otherwise in the Pickbee platform, Pickbee's responsibilities are limited to the correct functioning of the APP and its service to the interested parties.

As commented above the Carrier shall perform the delivery of the item with due diligence. In case there is a non-delivery of the Item in the time and place agreed with the Buyer as a consequence of the lack of such due diligence, the liability derived from the non-delivery will be, as a general rule, of the Carrier.
In any case, the Carrier must provide official evidence of the above.
If the Carrier can not make the delivery due to the non-fulfillment of the Buyer (i.e., Buyer is not at the meeting point as planned). Pickbee by the confirmation from both the sides will block the Buyer and he will not be able to use the service of our APP.

As commented above the Carrier shall perform the delivery of the item with due diligence. In case there is a defective delivery of the Item as a consequence of the lack of such due diligence, the liability arising from the delivery of a defective Item to the Buyer will be, as a general rule, of the Carrier.
In any case, the Carrier must provide official evidence of the above.

The Parties acknowledge and agree that it is strictly prohibited to profit in any way from using the Pickbee Service.
The Declared Value, as the value indicated by the Buyer on the Request, constitutes the maximum amount of the Carrier's liability in connection with the transportation and, where applicable, the purchase of the Shipment. Please note that it is not permitted under these Conditions the transport of an Item which its value exceeds the amount of Rupees 1,500.00. The Members agree to determine the Declared Value in accordance with the fair and market value of the Shipment. Otherwise, the Members will bear the risks of revaluation of the transaction completed via the Platform.
Concerning the Shipment fee determined on the Request, the Buyer shall not set a fee that exceeds, in any case, the amount of Rupees 1,500.00. For setting the Shipment fee, Pickbee will suggest the Buyer to click on pay button in the app and fill the final bill amount if item has been delivered by the Carrier. Then the amount which you will have to pay will come on your screen in both the Buyer and Carrier. If Buyer does not agree to pay that amount, Pickbee do not take the responsibility. The Carrier may report for the incident and perform action against Buyer.

In the event, that the delivery is not carried out as expected, either due to the non-delivery of the Item, the costs generated will be assume as follows:
In case there is a non-delivery of the Item as a consequence of the lack of due diligence by the Carrier, the liability derived from the non-delivery of the Item will be, imposed to the Carrier.
In any case, the Carrier must provide official evidence of the above.
If the Carrier can not make the delivery due to the non-fulfillment of the Buyer (i.e., Buyer is not at the meeting point as planned). Pickbee by the confirmation from both the sides will block the Buyer and he will not be able to use the service of our APP.

As commented above the Carrier shall perform the delivery of the item with due diligence. In case there is a defective delivery of the Item as a consequence of the lack of such due diligence, the liability arising from the delivery of a defective Item to the Buyer will be, as a general rule, of the Carrier.
In any case, the Carrier must provide official evidence of the above.

The Parties acknowledge that in case of cancellation of the Request, they should notify such circumstance to Pickbee and agree between them the terms of the Item's return.
The parties agree that Pickbee is an intermediary platform that does not provide any transport service and does not act in the capacity of Buyer and Carrier and therefore its liability can only be derived from the functioning and availability of the APP.

Pursuant to the applicable regulation you have the right of withdrawal. However, the right of withdrawal would not be applicable, and you accept that you do not have that right from the moment that the Buyer and Carrier agrees the performance of the delivery, since the purpose of Platform which is putting Members in contact, has been fully executed.

The Members are obliged to use the services, information and materials of the APP and/or Site of Pickbee in conformity with the law and these Conditions. In no case may your use of the APP and/or Site violate laws in force, morality, accepted customs or public order, and you must at all times make proper and legal use of the services, information and materials of the APP and/or Site.
As a user, you may:
(i) Access and browse, free of charge and without the need for prior authorization, the materials and services of the APP and/or Site; and
(ii) Utilize the services and materials of the APP and/or Site exclusively for private use.
In no case may you engage in the following activities:
a. Disseminating content or propaganda of a racist, xenophobic, pornographic, obscene, or derogatory nature; or which incites or promotes the commission of criminal, violent, defamatory or degrading acts for reasons of age, gender, religion or beliefs; or which commits, promotes or incites, directly or indirectly, justification of terrorism; or which contravenes the human rights and fundamental rights and liberties of third parties, legislation in force, morality, accepted customs or public order; or for injurious purposes which could harm, damage or impede in any way access to same to the detriment of Pickbee or third parties.
b. Carrying out acts that violate the Intellectual Property rights of their legitimate owners.
c. Causing damage to the computer systems of Pickbee, its suppliers or third parties, and/or introducing or spreading computer viruses, harmful code or software or other types of systems which might result in any of the following: damage to or alteration of computers systems; unauthorized alteration of the content, programs or systems accessible through the materials or services of the APP and/or Site, or of the information systems, files and computer equipment of users of same; unauthorized access to any materials and services of the APP and/or Site.
d. Transmitting advertising by any means and, especially by sending electronic messages, when transmission of the advertising has not been requested or authorized by the recipient.
e. Utilizing the APP, Site and/or the Service, wholly or in part, to promote, sell, contract, disseminate one's own advertising or that of third parties without prior written authorization from Pickbee, or including hyperlinks on private or commercial websites to the APP and/or Site, except with the express authorization of Pickbee.
f. Utilizing the Service and materials offered through the APP and/or Site in a manner contrary to the Conditions that regulate the use of a particular service and/or content in detriment or in a manner that undermines the rights of other users.
g. Eliminating or modifying in any way the protection and/or identification mechanisms of Pickbee or its legitimate owners which may be present on the APP and/or Site, or the symbols, logos or brands that Pickbee or legitimate third-party holders of the rights may attach to their creations and which may be covered by intellectual property rights.
h. Including on web pages and/or applications under the responsibility of or owned by you or third parties, without prior and written authorization from Pickbee, unauthorized "metatags" corresponding to the Pickbee's brands, logos, trade names or distinguishing marks; or utilizing brands, logos, trade names or any other type of identifying mark subject to intellectual property rights without the prior, express and written authorization of their legitimate holder.
i. Including on web pages and/or applications under your responsibility or ownership a hyperlink that generates a window or a software browsing session employed users of your website and which includes brands, trade names or distinguishing marks owned by you and through which the APP and/or Siteº is displayed.
The Member shall be liable to Pickbee, or to third parties, for any damages of any type that may be caused as a consequence of failure to comply with or observe, directly or indirectly, these Conditions. Pickbee shall act at all times so as to ensure respect for the legal framework in force and could deny, wholly or in part, at any time and without the need for prior notice, access by any user to the APP and/or Site whenever one or more of the circumstances described in this clause apply.

Please note that in order to increase trustworthiness, prevent typos and wrong information, Pickbee may, at any time, control and verify the information provided (in particular, personal and travel information), by Members. The Members acknowledge to give real, accurate and, in no circumstances, fraudulent, not current or incomplete information about you, the travel, the Shipment and/or any other relevant information for the performance of the Service.
Please be informed that Pickbee will have the right to deny, reject and/or cancel any Member account which may breach the abovementioned information requirements.

The Member agree that Pickbee’s Privacy Policy. (as may be updated from time to time) governs Pickbee’s collection and use of his/her personal information. In addition, whether the Member register to join by logging into his/her Account with Facebook, the latter accepts the that governs the use and access to that social network.

All material and information in Pickbee's APP and/or the Site are subject to current law on intellectual and/or industrial property. The rights to the material and other elements that appear in the APP and/or the Site (including, although not limited to, drawings, text, graphics, photographs, audio, video, software, distinctive signs, etc.) belong to Pickbee or, in some cases, to third parties that have licensed or transferred these to Pickbee. Pickbee also owns the rights to its logos, trading names, domains and trade marks.
Access to or browsing in the APP and/or the Site, use, locating or downloading material and/or use of the Services by the Members may in no case be understood to imply that Pickbee or the owner of the rights, as the case may be, waives, transfers or licenses, in whole or in part, the rights indicated above.
Consequently, Members may not delete, avoid or manipulate notifications of author’s rights (“copyright”) or any other data incorporated into the Service identifying Pickbee's rights or the rights of others, nor delete, avoid or manipulate technical protection devices or any information and/or identification mechanisms incorporated in them.
In particular, the incorporation, in whole or in part, of any material or elements in the APP and/or the Site that are not part of this Website is strictly forbidden without prior written authorization by the owner of the Website.
References to trading names, trade marks, registered trade marks, logotypes or other distinctive signs, whether the property of Pickbee or of other companies, imply that such may not be used without the consent of Pickbee or their legitimate owners. At no time, unless expressly stated, does access to or use of the APP and/or the Site confer the Members any rights to the trademarks, logotypes and/or distinctive signs included therein and protected by law.
All rights to intellectual and industrial property are reserved, and in particular, the contents, elements and products, as the case may be, included in the APP and/or the Site may not be modified, attached, copied, reused, exploited in any way, reproduced, transformed, duplicated, subtitled, ceded, sold, hired, lent, publicly communicated, republished on a second or later occasion, incorporated into files, sent by post, transmitted, used, treated or distributed in any way for public or commercial use without express written authorization from Pickbee or the owner of the rights, as the case may be.
If an action or omission, whether deliberate or due to negligence, attributable directly or indirectly to a Member of the Service, infringes Pickbee's intellectual and industrial property rights or those of a third party and this causes Pickbee to suffer damage, losses, joint responsibilities, expenses of any nature, sanctions, coercive measures, fines or other payments arising from or derived from any claim, demand, action, lawsuit or process, whether civil, penal or administrative, Pickbee shall have the right to act against said Member using all legal means at its disposal and to claim any quantities corresponding to indemnities, moral damage or damage to its image, consequential damages and lost profits, publicity costs or any other types of cost that may be required to repair the damage, amounts corresponding to sanctions or convictions, interest for late payment, the costs of financing all pecuniary penalties suffered by the Pickbee, legal and defence costs (including those of solicitors and lawyers) in any process in which Pickbee has sued for the reasons described above for damages and prejudicial consequences caused by the act or omission, without detriment to the right to exercise any other acts to which Pickbee has a legal right.
In addition to the above, the Members warrant that the Item which will be sent by means of the Carrier/Shopper will respect the current law on intellectual and/or industrial property

The Members may not use or publish images that infringe the rights of third parties or any applicable law, including illegal, obscene, pornographic, abusive, defamatory, misleading, racist, moral or public order content, or that incites the commission of unlawful, pornographic, abusive, defamatory, misleading, racist or xenophobic activities, or those that result in discrimination of any physical person. Mentions that include rude language or insults will not be accepted.
The Members expressly warrant the ownership and originality of any of the images uploaded to the APP and/or the Site. In this sense, the Members acknowledge that they will not use any content that they do not have a legal right to reproduce, distribute, adapt, copy, attach or place at the disposition of third parties. All pictures uploaded to the APP and/or the Site shall be considered to have been ceded to Pickbee at no charge, for the maximum time permitted and throughout the world, and may be used by Pickbee within the limits established by applicable regulations, with no obligations as regards confidentiality of said contents or information.
Given the enormous quantity of information that can be stored in the APP and/or the Site, it is impossible for Pickbee to verify the originality of the contents submitted by a user or to check that third-parties’s rights have not been infringed; the user is solely responsible to all effects for any infringements that may be produced as a result of supplying the information.
Pickbee may modify the material provided by users in order to adapt it to the formatting requirements of the APP and/or the Site.

The Members grant their express consent and authorization in accordance with the applicable law, to Pickbee to use their personal image and name for the provision of the Services and for the reproduction, distribution and public communication throughout mass media, press, internet and any other communication media, including but not limited to the APP and/or the Site. The Member understands that every person who accesses those platforms can visualize the content in which the images assigned on this authorization were included.
The Members specifically authorize the processing of their personal data and the transfer and use of their image rights in the terms included in these Conditions and the Privacy Policy.

In the event that, any Member includes links or hyperlinks from their own to Pickbee's APP and/or the Site must comply with the conditions described below; ignorance of these shall not exempt the Members from any responsibilities derived from non-complying with these Conditions.
a) It is forbidden, according to the applicable legislation in force at the time, to establish “frames” or boxes of any kind that enclose the APP and/or the Site or that allow the APP and/or the Site to be viewed in whole or in part via internet addresses different from those of the APP and/or the Site and, in any case, when they allow elements of the APP and/or the Site to be viewed together with other contents, not part of the Website and/or the Contents in a way that:
(i) induces or may induce error, confusion or deception in Members as regards the true origin of the elements displayed or th e services used;
(ii) constitutes an act of unfair comparison or imitation;
(iii) seeks to take advantage of Pickbee's trade mark and prestige;
or
(iv) is in any way prohibited by current legislation.
b) The page containing the link shall not include any type of false, inexact or incorrect statements or indications regarding Pickbee, its employees, its clients or the quality of the services that it provides.
c) In no case shall it be stated or given to understand, in the page that contains the link, that the Pickbee has given its consent for the link to be included or in any way sponsors, collaborates with, verifies or supervises the Members’ services.
d) The use of any of Pickbee trade marks, whether nominative, graphic or mixed, or of any other distinctive sign is forbidden except in those cases permitted by law or expressly authorised by Pickbee, and always provided that a direct link to the Site and/or APP is permitted in accordance with the conditions established in this clause.
e) The page containing the link or hyperlink must comply scrupulously with the law and may in no case provide or link to content belonging to the Members or third parties that:
(i) is illicit, noxious or contrary to morality and good customs (including, but not limited to, pornography, violence, racism, etc.)
(ii) induces or may induce a Members to falsely believe that Pickbee subscribes to, recommends, adheres to or in any way supports the ideas, statements or expressions in the website, whether licit or illicit;
(iii) are inappropriate or irrelevant to Pickbee's activities as regards the location, contents or theme of the web page.
f) Authorization to insert a link or hyperlink in no case implies consent to reproduce the visual and functional aspects (“look and feel”) of any of Pickbee's APP and/or the Site. In particular, authorization to insert hyperlinks to the Website and/or the Contents is subject to respect for human dignity and liberty. The website containing the link may not contain information or contents that are illicit, or contrary to morality, good customs or public order, nor may it contain contents that infringe the rights of third persons.
g) The creation of a hyperlink in no way implies the existence of a relationship between Pickbee and the owner of the web page containing the link nor acceptance or approval by Pickbee of the contents or services offered therein to the public.
Pickbee may request, at any time and with no obligation to justify the request, that any link or hyperlink to the APP and/or the Site be removed and the person responsible for the website containing the link should eliminate it immediately.

The provisions of these Conditions constitute the entire agreement between you and Pickbee related to the use of the APP. These Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms.
In the event any provision of these Terms is held to be invalid or unenforceable, it may be replace for another that is as similar as possible to the previous one. However, this shall not affect or prejudice the remaining provisions, which shall be unaffected by any clause or provision that is illegal, invalid or unenforceable and shall remain fully in force.

These Conditions will be governed by Indian law without prejudice the rights that may correspond to Users granted in application of the Consumer Protection Regulation of their place of residence.

The User may cancel their registration by sending an e-mail to this effect to: contact@pickbee.com.

Pickbee undertakes, when required pursuant to the applicable regulation, to allow the access to the information and data owned by the latter and/or the User to any competent authority and/or law enforcement agency.

These Conditions were last revised on August 2017 and govern your access of this APP and Site from this date forward until a later revision is posted.