Terms & Conditions

I. INTRODUCTION

AGILE DIGITAL VENTURES INC. (ADVI) is a corporation duly registered and existing under the laws of the Republic of the Philippines, the owner and operator of the Pickaroo website and mobile application.

ADVI as a platform provider is engaged in the business of building, operating and managing/maintaining an online marketplace which provides services in listing of products on the Pickaroo mobile application which can be downloaded from the Apple Store or Google Play Store.

II. DEFINITIONS

Pickaroo services include receiving through its mobile application orders from our customers. These orders are sourced from the Merchant Partners selected by the customer on the application. Upon receipt of these orders, Pickaroo will pick up the said items from the Merchant Partners and deliver it to the customers.

Pickaroo acts as a facilitator and is not and cannot be a party to control in any manner any purchase or sale between you and the Merchant Partners. Goods being sold on the website or mobile application are provided and sold by the Merchant Partners, not by Pickaroo.

As part of the registration process either via the website or via the mobile application, you’re allowing Pickaroo to collect the following personal information to ensure your identity as a customer. Information needed are and not limited to: Name - first and last name, email address, mobile phone number and other contact information, demographic profile (such as age, gender, occupation, educational background, etc.) and information about the pages on the website and mobile application that you access/visit, the links that you click on, the number of times you access a particular page/feature, and any of such information. Information collection about you is subject to the Republic Act 10173 – Data Privacy Act of 2012.

III. TERMS OF SERVICE

"Agreement" refers to this agreement ("Terms and Conditions"), the Privacy Policy, any order form, and the payment instructions provided;

"App" refers to the installable mobile application of Pickaroo;

"Delivery" refers to any form of service delivery which are provided to Merchant Partners listed in the Pickaroo app;

"Goods" means the consumer products which are on sold by the Merchant Partners, including but not limited to groceries and daily needs;

"Operating Hours" means a period within the day during which an order can be fulfilled and delivered to customer;

"Merchant Partner" is a third party seller/provider of Goods and/or services, which, within legal terms and conditions, agreed to supply the Goods and/or provide the services;

"Platform" refers to Pickaroo, a mobile application duly registered under ADVI and any mobile or web portal providing access to the same;

"Privacy Policy" means the agreement as displayed on this application, governing how we collect and store data, adhering to the Data Privacy Act of 2012;

IV. ORDERING

Ordering the Goods through Pickaroo’s App means that you order Goods from the Partner Merchants and not from Pickaroo. Pickaroo is simply a platform providing services for customers to order the goods and/or avail services.

In the event of a complaint from the customer, Pickaroo, through its customer service system, will communicate such complaints to the Merchant Partner and facilitate the prompt resolution of the matter.

You are responsible for providing us with your details and warrant that these details are accurate and complete at the time of the order. Any information you provide to Pickaroo will be dealt with utmost confidentiality. Pickaroo warrants that such information will not be transferred to, given, or dislosed to third parties, other than what is set out herein or in the Privacy Policy.

For your security, Pickaroo may ask for a photo of one (1) valid government issued ID and a photo of the credit card/debit card used showing only the last 4-digits of the card to confirm your identity and to prevent any fraudulent transactions.

You warrant that you are legally able to order any Goods provided through the App. Further, you agree to present valid identification, if requested during the delivery, to prove your identity.

Any purchase of goods such as alcoholic drinks must confirm to the minimum age required by Philippine Law. We may require you to present valid identification every time you purchase such goods and when they are delivered to you. Pickaroo reserves the right not to deliver such goods to you or the appointed recipient if you cannot provide valid identification and/or the appointed recipient is unqualified to receive the same (i.e. minor). In such situations, we will initiate the refund of any payment you may have made.

The selling of alcoholic drinks is conducted by Merchant Partners who are legally licensed to sell alcoholic drinks based on prevailing laws and regulations in the Philippines. Pickaroo only acts as a platform provider and therefore not liable for the selling of such alcoholic drinks by the Merchant Partner.

Items on the website and mobile application are intended for your personal use and not for resale. You hereby confirm that you are acting as a principal, and not as an agent for another party when utilizing Pickaroo’s services.

Pickaroo will take reasonable care to keep the details of your order and facilitate secure payment methods. Pickaroo shall not be responsible for any unauthorized purchases/procurements made by a third party on your account.

Any order that is made on the website or mobile application is subject to product availability, delivery capacity, and acceptance of the Merchant Partner and Pickaroo. An email confirmation will be sent by Pickaroo once an order has been placed successfully. Any incorrect information/details regarding the order should be communicated to us right away via email or in-app chat. The confirmation message does not indicate that the order is accepted by the merchant and will be fulfilled.

Once the order is accepted by the Merchant Partner, a confirmation message will be sent to you confirming that the order will be processed.

You will be informed of any unavailable items within your order via SMS by our shoppers, when applicable, or via email or the in-app chat.

V. PRICES AND AVAILABILITY

Prices and availability of items on the website and mobile application is provided by the Merchant Partner. Pickaroo does not keep an inventory of any items that are being sold on the website and mobile application.

All prices provided by the Merchant Partner are accurate at the time of publication. However, the prices might change anytime during the day. As a platform provider, Pickaroo will change the listed price as soon as possible as advised by the Merchant Partner.

Availability of goods listed in the app is deemed true and accurate at the time of publication. Pickaroo does not guarantee that the same item will have sufficient quantity at the time of fulfillment. A Pickaroo representative will call the customer to advise a suitable replacement when necessary.

The total price for goods and/or services ordered, including delivery charges and other charges, will be displayed in the app upon checkout. The customer shall pay the final price after fulfillment/completion of order including other charges. In case of alteration of order and with full consent of the customer, during the course of fulfilment, the customer agrees to pay any excess amount incurred if such alteration will result in a higher amount than what was checked out in the app.

Pickaroo reserves the right to modify, add, or remove items for sale on the website or mobile application without prior notice.

VI. PAYMENT

Total price of the Goods, including delivery fee and other charges, will be displayed on the site and mobile application when placing an order.

Full payment must be made for all Goods either cash via Cash On Delivery (COD) or via credit/debit card prior to receiving the order.

In the event that a credit/debit card payment fails, you will have the option to settle the balance via Cash or E-payment prior to receiving the order.

If you choose online payment platforms, you must provide your payment details before the order is delivered. To ensure that online shopping is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the Internet. Your credit card company may also conduct security checks to confirm it is you placed the order.

Any unauthorized transactions made via your credit/debit card should be immediately reported to your issuing bank. In compliance with the Republic Act 10173 – Data Privacy Act of 2012, Pickaroo cannot and will not disclose to you the identity of any fraudulent user (if any) of your credit/debit card. We will coordinate with your issuing bank once they reach out to us regarding the fraudulent transaction.

VII. DELIVERY

Delivery periods quoted at the time of ordering are approximate only and may vary. The delivery periods selectable are 1-hour timeframes for the current and succeeding calendar days. There will be a limited amount of deliveries in each delivery period, meaning that we cannot guarantee a slot on your desired delivery period. You may select another available time slot.

Pickaroo engages independent contractors to do the delivery service of goods. We will take great care to ensure that delivery is done in the time frame selected in the app.

Delivery time slots are within the operating hours of the Merchant Partners. Pickaroo may not be able to accommodate deliveries beyond the listed time slots.

Goods ordered will be delivered to the address assigned by you at the time of ordering.

If you or your appointed person receiving the Goods is not in the address within your chosen time slot, our crew rider will wait for fifteen (15) mins and within that period, the crew rider will try to contact you to confirm your whereabouts. If we do not receive any confirmation/response from you, we will have to return the Goods to the Merchant Partner.

You may contact our customer service via email or in app chat to request for redelivery. Payment of additional fees may be required.

Our crew riders are only allowed to bring the Goods outside your assigned delivery address.

We may strictly implement contactless delivery to safeguard the health of both the customers and our crew. Upon delivery of your order, our crew rider will leave the delivery bag in any space as you instructed, open the delivery bag and let you get your order from the bag.

For COD transactions, there will be a COD bag provided where you can place your payment.

You must ensure that at the time of delivery of adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. Pickaroo cannot be held liable for any damage incurred to such goods or premises where this arises as a result of failure to provide adequate access or arrangements for delivery.

Pickaroo reserves the right to refuse or reject delivery of goods if we deem that doing such will pose an imminent threat to the safety of our rider crew.

Please note that it may be impossible to deliver to some locations. In this case we will give prior notification to you and cancel your order.

Delivery times made are approximation which may still vary depending on the flow of traffic, weather, and location restrictions.

Neither Pickaroo nor its Merchant Partner shall be held liable for any losses, liabilities, costs, damages, charges or expenses arising out of late deliveries unless it is proven that the late delivery was due to the fault of Pickaroo, its crew rider or Merchant Partners.

In an event that the Goods are not delivered within the specified time, you may contact us via email or the in-app chat feature.

VIII. RETURN, REFUND & CANCELLATION POLICY

Pickaroo and its Merchant Partners provide adequate information and accurate description of the Goods. In the event that you receive Goods that are not deemed acceptable by you, you have the right to reject the items, provided a valid reason as to why the Goods are not acceptable is sufficiently provided.

Change of mind will not be honored as a valid reason for return. You agree that Pickaroo reserves the sole right to deactivate your account and restrict your access or prevent you from creating another account without prior notice.

Returns of perishable Goods are subject to individual return policies of each Merchant Partners.

Cash refunds may be provided after confirmation of the validity of the return, refund or cancellation upon the conduct of an investigation. It may be done via bank transfer, cash, or in-app credit.However, Pickaroo reserves the right to decline any refund request, including but not limited to situations where the order was successfully delivered.

Pickaroo reserves the right to cancel any order when:

There’s a ground to believe that the order is a fraudulent or suspicious transaction;

If we cannot perform the delivery for any reason beyond our control; or

When the transaction is not in compliance with these Terms and Conditions.

Pickaroo reserves the right to deny any further access, or future registration for non-compliant user/s and abusers and cancel any orders placed on your account without prior notice.

IX. COMPLAINTS

Pickaroo will facilitate your complaint by communicating it to the concerned Merchant Partners. We will try to find resolution to your concern quickly. However, dependencies might keep us from resolving your concerns the soonest time possible. You may direct your concerns and complaints to [email protected].

X. LIMITATION OF LIABILITY

We do our best at Pickaroo to ensure that the information on the website and the app is correct and error free. Notwithstanding our efforts, however, we cannot warrant that the website and the app will always be free of errors and their use always in accordance with the objectives. Further, Picakroo does not guarantee that the website and the app will always be free of viruses or bugs or show their overall functionality, accuracy, and reliability. We do not make these warrants, either expressed or implied, relative to the objectives, purposes or accuracies.

By accepting these terms of use, you agree to relieve Pickaroo from any liability whatsoever arising from your use of information from any third party, or your consumption of any goods from the merchants.

Pickaroo relinquishes any and all liability to you for the conduct of delivery/supply of Goods or services as long as permitted by applicable laws and regulations. This does not affect your legal rights as a customer. If we find that we are responsible for any loss or loss to you, that responsibility is limited to the value you have paid for the relevant Goods purchased or services availed. Pickaroo will not accept responsibility for any loss, loss or expense, including any direct or indirect losses such as loss of profits to you, for any reason. This limitation of liability does not apply to personal accidents or deaths that arise directly from our willful misconduct or gross negligence.

Pickaroo does not accept any responsibility for any delay, failure, error or negligence or loss of information sent, viruses or other contamination or damaging things sent to the customer's computer, mobile phone or any electronic device, through the website and the app.

Pickaroo shall not be held accountable for any failures or delays in carrying out services or delivering Goods where these failures arise as a result of any actions or omissions, which are beyond our control such as any extraordinary and unavoidable events that are caused directly and specifically by natural forces which cannot be anticipated, controlled, or prevented, with precaution, care and attention, including but not limited to: war, riots, law or government orders, regulations, provisions or directives and actions of third parties.

The Goods we post in the website and the app are deemed for private domestic and consumer use only. As such, we are not responsible for any indirect losses, loss due to any cause, loss of data, loss of income or profits, loss or damage to property and / or loss of claims from third parties arising from the use of the application or for any product or service sourced from us.

We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

In the event we have a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Pickaroo may cause the customer to be blocked immediately and reserves the right to refuse future service. Furthermore, we reserve the right to seek compensation from any and all violators and take legal action, should there exist an abuse of vouchers or discount codes.

Offers, promotions, discounts, vouchers are subject to Pickaroo’s sole discretion and may be withdrawn or changed at any time without prior notice to the consumer.

XI. GENERAL PROVISIONS

All prices are in Philippine Peso (PHP); Applicable taxes are included unless otherwise indicated.

We may subcontract any part or parts of the services or goods that we provide to you from time to time.

Any relative material or substantive amendments to the Terms and Conditions will be published in Pickaroo website or app or any Pickaroo social accounts where it matters, and you shall carefully read such amendments. If you continue to use and access the app after any posted an amended version of the Terms and Conditions, it will be considered as your acceptance of the amended Terms and Conditions.

The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other terms or provisions on the website or app except for privacy matters, these Terms and Conditions shall prevail.

If any terms or conditions of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such terms or conditions shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such terms or conditions.

These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines. The parties hereto submit to the exclusive jurisdiction of the courts of Taguig City, Philippines.

No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.