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Last updated, July 4, 2024
Welcome to Picker! These terms and conditions (“Terms”) are a binding agreement between you and Caarry Solutions, Inc. (“Picker”, “we”, “our” or “we”) that govern your use of our website, mobile applications and services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service. Picker is a technological platform that connects you with local and national delivery providers for the delivery of goods, among other complementary services. We strive to make the delivery process simple, fast and reliable. Our mission is to provide an easy-to-use platform that streamlines delivery for individuals and businesses. Our Terms are designed to protect both our users and Picker. They outline your rights and obligations while using our Service, as well as our rights and obligations to you. Please read these Terms carefully before using the Service. If you have any questions or concerns about these Terms or the Service, contact us at soporte@pickerexpress.com.
By creating an account, accessing or using the Picker services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you will not be able to access or use our services. These Terms constitute a binding legal agreement between you and Picker. You represent and warrant that you have the legal capacity to accept these Terms and to comply with all applicable laws and regulations. If you are accessing or using our services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
Picker provides a technological platform and related services (the “Service”) to allow users to connect with delivery service providers in order to organize the delivery of packages, goods or other items (the “Delivery Services”). The Service includes several products that can be used by customers, delivery partners and merchants, including:
Orchestrator: A technological platform that allows customers to place orders and search for a delivery person among multiple delivery companies.
Tracking: A tracking system that provides delivery updates to customers and merchants.
Cash: A payment system that allows customers to pay for their orders in cash.
MyFleet: A system for managing and optimizing the performance of the Picker delivery fleet.
Shield: Insurance against lost or damaged shipments. Which covers the merchant from any losses.
Fast Deposits: A feature that allows merchants to get paid for their sales quickly.
Delivery Support: A support service for customers, delivery partners and merchants to resolve issues related to Delivery Services. By using the Service, you agree to comply with these Terms and Conditions, as well as any additional terms and conditions that may apply to specific products or features of the Service.
You will have the option of giving tips to the delivery person as a voluntary and personal reward. Such tips do not constitute a payment made by Picker to the supplier or the deliverer. Consequently, Picker undertakes to transfer these tips in full to the corresponding provider, who acts as an intermediary for the funds and is responsible for transferring them to the dealer. It is important to note that Picker will not withhold any percentage of these tips and is committed to making their transfer effective to the supplier in a timely manner.
By using the Service, you agree to comply with the following obligations:
1) Compliance with applicable laws: You agree to use the Service only for legal purposes and in accordance with all applicable laws, regulations and requirements.
2) Creating an account: To use certain features of the Service, it may be necessary to create an account on the Service and provide accurate, complete and up-to-date information. You are responsible for maintaining the confidentiality of your login information and any activity that occurs under your account.
3) Precise Information: You agree to provide accurate, complete and up-to-date information when using the Service.
4) Keep up to date: With all payments corresponding to the services provided by Picker. This involves making payments on the agreed dates and ensuring that there are no delays or breaches in relation to the amounts established for the continued use of the services. The user acknowledges that a breach of this obligation may result in the suspension or interruption of the services provided by Picker until the outstanding payments are settled.
5) Unauthorized access: You agree not to access or attempt to access the Service in any way other than through the interface provided by Picker or to use the Service for any purpose other than its intended purpose.
6) Prohibitions: You agree not to use the Service to post, upload, transmit, distribute, store or create any content that is illegal, defamatory, libelous, obscene, pornographic, indecent, lascivious, threatening, harassing, hateful, racial, ethnic or in any other objectionable way, or that violates the intellectual property or privacy rights of any third party.
7) Appropriate Conduct: You agree to use the Service appropriately and to behave in a respectful and non-abusive manner with other users of the Service.
8) Responsibility for the use of the Service: You are responsible for any activity that takes place through your account and you agree to compensate and hold Picker harmless for any claim, damage, loss, liability, cost or expense (including attorney's fees) that arise from the use of your account or the breach of these obligations.
Picker reserves the right to suspend or cancel your access to the Service at any time and for any reason, including, without limitation, if you fail to comply with these obligations or if you are suspected of participating in illegal or fraudulent activity.
Picker is the exclusive owner of all intellectual property rights related to the Service, including, but not limited to, patents, trademarks, copyrights, trade secrets, know-how and any other intellectual property right. You acknowledge that you do not acquire any intellectual property rights through the use of the Service and you agree not to reproduce, duplicate, copy, sell, commercialize or exploit in any way the Service or any part of it without the prior written consent of Picker.
In addition, you agree not to use the Service in any way that infringes the intellectual property rights of Picker or any third party, and to immediately notify Picker if you become aware of any violation or unauthorized use of the Service or its content.
If you contribute any content to the Service, including, but not limited to, comments, suggestions, ideas or any other type of content, you grant Picker a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, represent and display such content in any medium known or to be known in the future. You represent and warrant that you have the right to grant such license to Picker and that your content does not infringe any intellectual property rights of third parties.
If you consider that any content on the Service infringes your intellectual property rights, we request that you immediately notify us through the means of contact provided on the Service. Picker reserves the right to remove any content from the Service that infringes the intellectual property rights of third parties, without prior notice and at its sole discretion.
Picker is responsible for providing and maintaining the Service and related technological platform. Any system crash due to technical or technology vendor errors will be resolved as soon as possible. However, Picker will not be responsible for any loss caused to users during these falls.
Picker is also responsible for keeping connections with delivery service providers up to date and for providing support, tracking and financial reconciliation, depending on the services being used.
However, Picker will not be responsible in the following cases:
1) If delivery service providers are unable to fulfill orders due to lack of capacity in a certain area.
2) If there is a delay in assigning a delivery person or in delivering the order.
3) If penalties are generated due to face-to-face misunderstandings with delivery people, both in stores and at the final delivery point.
4) If there is loss, damage, theft or deterioration of the products transported by the vendors' couriers, except in those cases where the Shield product has been contracted, which is additional insurance.
In short, Picker will not be responsible for any loss, damage, delay, misunderstanding, or any other circumstance related to delivery service providers, unless otherwise specified in these Terms and Conditions or in a separate contract with the customer.
1) The payment method for the platform is by credit or debit card, and is made immediately with each invoice. It is also possible to make payments by bank transfer to certain accounts, which must be made within 7 calendar days after the date of the invoice to avoid suspension of the service.
2) Billing is done biweekly. Any request for additional credit or special conditions must be negotiated separately and detailed in an addendum, which will be a direct contract with the customer.
3) Refunds can be issued if there are any errors or problems with the service, and these will be processed within 30 days. Any additional fees or charges incurred by the customer, such as bank fees or exchange rate differences, will not be refunded.
4) It is important to mention that refunds will always be made in the form of a credit note for the following invoices, and not in payments or cash transfers.
5) Please note that Picker is not responsible for any fees or charges imposed by the customer's bank or credit card company for the use of our services. It is the customer's responsibility to verify these rates with their bank or credit card company.
6) It is important to note that no refunds or dispersions of collected cash will be made if the user has unpaid bills. The amount of the reimbursement or dispersion will be applied directly to the customer's outstanding debt before being applied as a credit note for future bills.
The Picker Shield product is insurance that protects businesses against loss, theft, or damage while shipping their orders. This insurance only applies to shipments that are actually collected by a deliveryman connected to the Picker system.
1) The Picker Shield product is insurance that protects businesses against loss, theft, or damage while shipping their orders. This insurance only applies to shipments that are actually collected by a deliveryman connected to the Picker system.
2) The insurance does not cover shipments that are not collected or returned to the branch.
3) The cost of the Shield product is 2% + VAT of the total value of protected orders and offers 100% coverage for all incidents during the month.
4) Businesses can activate the Shield product through the Picker customer support team via email. Soon they will also be able to activate it through the console.
5) In the event of an incident, businesses must report it through the console's Dashboard to request a refund.
6) The reimbursement request process will be evaluated by Picker's executives and, if the claim is confirmed, the amount will be credited as a credit to the customer's next invoice within a maximum period of 48 hours.
7) Businesses must report any incident no later than 24 hours after it occurs.
8) Picker reserves the right to change the 2% percentage based on certain conditions in the future, always with prior notice to the customer.
9) Picker reserves the right to remove the Shield service for a particular customer in the event of fraud.
10) Picker is committed to acting in good faith and working with customers to resolve any incident fairly and fairly.
11) By using the Shield product, customers agree to comply with these policies and any other regular Picker usage policies.
It should be noted that, since Picker is a logistics technology service that connects to user sales channels, and understanding that end customers are the property of the user, Picker is not responsible for any loss or overcharge that may be generated in the service due to a false shipment, fraud or other similar situation. It is the user's responsibility to take preventive and security measures to avoid any type of fraud or similar situation when using our service.
It should be noted that the following scenarios can be considered fraud:
1) Customers who request shipments with payment in cash and who, at the time the delivery person arrives, there is no one to receive it.
2) Customers who do not want to pay for shipments in cash, stating that they have already prepaid elsewhere.
3) Customers who indicate that they have not received the order when everything proves to have done so (tracking, communication with the customer, etc.).
4) Other similar cases that are not detailed here, but are not absolved of being considered fraud.
It is important to note that Picker is not responsible for any loss or charge that may arise in the service due to a false shipment, fraud, or any other type of illegal activity.
Picker will not be responsible for any direct or indirect damage that may arise from the use of our service. Customers agree that Picker is not responsible for losses, damages, or losses, including damages for loss of profits, property damage, or personal injury.
In addition, customers agree to compensate and hold Picker, its employees, directors, agents and affiliates harmless, from and against any demand, loss, liability, damage or cost, including attorneys' fees, that arise from the use of our service.
In addition, Picker will not be responsible for any breach or delay in fulfilling its obligations, caused by circumstances beyond our control, including but not limited to acts of God, war, civil unrest, strikes, technical failures, interruptions of public services, or any other cause that is beyond Picker's reasonable control.
This membership agreement can be terminated by the user at any time without the need for justification, as long as there are no outstanding amounts due. If the user is a customer using the transfer payment method, they must ensure that they have made the corresponding payments before requesting the cancellation of the service.
On the other hand, Picker reserves the right to suspend or terminate the user's service at any time, without the need for justification, as long as there are no amounts or credits due to the user that could not be used.
In addition, it is important to mention that Picker can suspend the user's service if two or more outstanding bills accumulate, and will not be reactivated until the user updates the corresponding payments. It is the user's responsibility to keep their payments up to date to avoid the suspension or termination of the service by Picker.
Should this agreement be terminated, the Fraud, Liability and Dispute Resolution sections will continue to apply after the termination.
Any dispute relating to these Terms and Conditions will be subject to the jurisdiction of an arbitration center in the country that is convenient for both parties, provided that both parties have a legal presence there. If a suitable country is not found, one will be chosen that Picker has chosen as the right one.
Email: All official notifications and communications must be made through the following email addresses: info@pickerexpress.com and jd@pickerexpress.com.
Mailing Address: If necessary, official communications can also be made by post to the following addresses, depending on the user's country:
1) United States: 382 NE 191st STPmb 13933 Miami, Florida 33179-3899 US
2) Mexico: LAZARO CARDENAS 318 RESIDENTIAL SAN AGUSTINNUEVO LEON 66260
A notification sent by post will be considered received ten (10) business days after it is sent.
1) This agreement constitutes the entire agreement between the user and Picker and supersedes all previous agreements and understandings between the parties with respect to the subject matter of this agreement.
2) If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
3) The user may not assign or transfer any rights or obligations under this agreement without the prior written consent of Picker.
4) No waiver of any provision of this agreement will be effective unless made in writing and signed by both parties.
5) Any notice or communication required or permitted under this agreement will be in writing and delivered to the appropriate party by email.
6) Picker reserves the right to change the terms and conditions of this agreement at any time.
7) The parties agree that the relationship established by this agreement does not create an association, joint venture, or employment relationship between them.
8) This agreement will be binding on the parties, their successors and authorized assigns.
9) Picker's failure to enforce any right or provision of this agreement will not be considered a waiver of such right or provision.