Pinga Terms & Conditions of use

Disclaimer

Pinga is peer to peer market place for small tasks and favours provided by Proximize Ltd.

Pinga brings members of the public together so they can agree a price for goods and services. We are not endorsed by them, nor do we have any commercial relationship with them.

Pinga Terms Of Use

Introduction

By downloading and using the Pinga mobile application (the App), you agree to be bound by these Terms of Use and our Privacy Policy. This is a legal agreement between you and us which tells you the terms on which you may make use of the App. We do not sell the App to you and we remain the owners of the App at all times.

Any use you make of our website located at www.pinga-app.com (our site) will also be subject to these Terms of Use.

Please read these Terms of Use and our Privacy Policy carefully as they will apply to your use of the App and our site. By using the App and/or our site, you confirm that you have read and accepted them and that you agree to comply with them. If you do not agree to them, you must not use the App or our site.

Your use of the App is also subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App, being either the Google Play store and the Apple App Store (in each case Appstore). However, please note that the Appstore has no responsibility for the App or its content. To the extent that there is a conflict between those rules or policies and these Terms of Use and our Privacy Policy , these Terms of Use and our Privacy Policy shall take priority.

About us and how to contact us

Pinga is a technology platform, accessed through the App and/or our site, that connects users (such as you) with other users. It enables you to engage the services of another user for the collection and delivery of items from and to certain locations within urban areas in the United Kingdom.

The App and our site are operated and owned by Proximize Ltd. We are a limited company registered in England and Wales under company number 10465126 and have our registered office at 235 Old Marylebone Rd, London, NW1 5QT, UK

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at help@pinga-app.com or by pre-paid post to our registered office referred to above. We will confirm receipt of this by contacting you in writing, normally by email. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

Disclaimer

Pinga does not provide any collection or delivery services itself; we simply provide the platform that connects Users and allows them to be introduced. Any contract for the provision of collection and delivery services is between you and the relevant User (and not Pinga) and it is up to the User to perform any collection and delivery services you request through the App or our site.

We do not employ Users and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Users you engage through the App or our site or the quality of the services they provide. If you have any complaint in relation to the services provided by a User, that dispute must be taken up with the User directly.

The App and our site allow you to engage the services of a User for the collection of items from third parties, including Vendors from whom the relevant item(s) must first be purchased. Unless otherwise specified in the App or on our site, Pinga does not have any commercial connection, affiliation, link, relationship or other connection whatsoever with any Vendors, and Pinga has not obtained any express or implied endorsement, consent or authorisation whatsoever from any Vendors in relation to the facilitation of collection and delivery services in respect of items sold by those Vendors.

Use of the App and our site

These Terms of Use apply to the App and our website and your use of the connection service that we provide through them (Service), including any updates or supplements to the App, our site or the Service (unless those updates come with separate terms, in which case those terms shall apply). They do not apply to any third party collection and delivery services requested through the App or our site.

In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to use the App on any mobile telephone or other handheld device (Mobile Device) controlled or owned by you. All other rights in the App and our site are reserved by us and by our licensors.

Changes to these Terms of Use and updates

We may revise these Terms of Use at any time and you should check these Terms of Use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes when you next start the App or log in to our site and you may be required to read and accept them to continue your use of the Service. If you do not agree to any changes, please stop using the App and our site and delete or remove the App from your Mobile Device.

These Terms of Use were last updated on 4 July 2017.

We may (but are under no obligation to) update the App, our site and/or the content on them from time to time. Any update to the App will be issued through the Appstore and, depending on the update, you may not be able to use the Service on your Mobile Device until you have downloaded the latest version of the App and, if you are requested to do so, accepted any new terms.

Accessing the App and our site

The App is made available free of charge and you may download the App onto any number of Mobile Devices.

We make no representations, warranties or guarantees, whether express or implied, that the App, our site or any content on them: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

Access to the App and our site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the App and/or our site without notice. We will not be liable to you if, for any reason, the App or our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to access the App and our site. If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these Terms of Use for the use of the App or the Service on, or in relation to, any Mobile Device, whether or not it is owned by you.

Registration and security

If you wish to use the App or certain parts of our site, you must sign up using your Facebook account.

You must not: (i) sign up or register using a Facebook account other than your own; (ii) use someone else’s Facebook account or log-in details to access the App or our site; or (iii) allow any third party to access the App or our site using your Facebook account or log-in details. If you know or suspect that anyone other than you is using or accessing the App or our site using your Facebook account or log-in details, you must promptly notify us at help@pinga-app.com.

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password, you must promptly notify us at help@pinga-app.com and change your password.

You are responsible for making all arrangements necessary for you to access the App and our site. If you control, but do not own, the Mobile Device onto which you download the App, you will be assumed to have obtained permission from the owner of the Mobile Device to do so. You or the owner of your Mobile Device may be charged by your or their mobile or internet service provider for data access on your Mobile Device. You accept responsibility in accordance with these Terms of Use for the use of the App or the Service on, or in relation to, any Mobile Device, whether or not it is owned by you.

Limitations of use during the University of Nottingham pilot

Proximize Ltd. is conducting a pilot launch (the Pilot) at the University of Nottingham from October 2017 until further notice. During the Pilot the App is intended for use by University of Nottingham students only. All users are prompted to confirm they are current students at the University of Nottingham during the sign-up process.

By confirming you are a University of Nottingham student you consent to Proximize Ltd. blocking your access to the App if it has reasonable grounds to believe this is not the case.

This restriction will be lifted as soon as the Pilot is complete.

Registration and security

If you wish to use the App or certain parts of our site, you must sign up using your Facebook account.

You must not: (i) sign up or register using a Facebook account other than your own; (ii) use someone else’s Facebook account or log-in details to access the App or our site; or (iii) allow any third party to access the App or our site using your Facebook account or log-in details. If you know or suspect that anyone other than you is using or accessing the App or our site using your Facebook account or log-in details, you must promptly notify us at help@pinga-app.com.

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows or has obtained your password, you must promptly notify us at help@pinga-app.com and change your password.

You are responsible for all acts and omissions of any third parties who use or access the App or our site using your Facebook account or log-in details, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

We have the right to disable your access to the App or our site at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

Items collected by another Pinga User for you

If any item(s) to be collected by another Pinga User (a ‘Doer’) at your request must first be purchased from a Vendor, you agree that the Doer will, on your behalf, pay the amount charged by the relevant Vendor for such item, plus any additional fee that you have agreed with the Doer, which amount will be charged to your payment card when you receive the item(s) in accordance with the provisions of these Terms of Use relating to pricing and payment set out below. You agree that the contract of sale in relation to such item(s) is made between you and the Vendor; it is not with us. The Doer is responsible for delivering the item(s) to you in the condition he or she bought them in, within reason (recognising for example that a hot coffee may have cooled slightly by time of delivery). However the Doer is not responsible for the manufacturing quality of the item(s) and neither we nor the User are responsible for (and make no representations, warranties or guarantees as to) the quality or fitness for purpose of the item(s).

Your ability to return any item(s) to the Vendor will be subject to the Vendor’s returns policy and you should address any queries relating to the item(s) to the Vendor.

It is your responsibility to review the profile and previous task rating of the Doer before task them and agree the task. In doing so you accept all personal liability risk during the delivery of the item(s). You agree we cannot be held responsible for any physical or mental harm that you receive during the completion of the task.

You agree that we are not responsible for any actual or perceived financial loss you incur during the completion of the task,

You agree that you will not request the services of a Doer to collect any item(s) which you are prohibited from purchasing by law (for example, if you do not meet the minimum age requirement for the purchase or consumption of the relevant item(s)). You further agree that either we or a Doer may request evidence of your identity and age (whether at the time you request the services of a Driver or at the time of delivery) and that failure to provide such evidence may result in your request being refused or non-delivery of the item(s) you have requested (although you may still be charged for the items(s) if they have already been collected).

Items delivered by you to another User

If you accept a task request from another User (a Tasker) you become a ‘Doer’ for the duration of the task. It is the responsibility of a Doer to clarify the task request and understand exactly what item(s) the Tasker wants and the condition they should be received in. You should also confirm approximately how long it will take to deliver the item.

You must always request a receipt for the item(s) from the vendor, and pass this receipt to the Tasker when you deliver the item.

It is your responsibility to negotiate a total price for the item(s) that includes your delivery fee.

It is your responsibility to review the profile and previous task rating of the Tasker before you accept the task and deliver the item(s). In doing so you accept all personal liability risk during the delivery of the item(s). You agree we cannot be held responsible for any physical, mental or any other harm that you receive during the completion of the task.

You agree that we are not responsible for any actual or perceived financial loss you incur during the completion of the task, with the exception of when the Tasker does not pay you for the completed task when it is reasonable to do so. If you believe the Tasker did not pay you for the completed task when it was reasonable to do so you should email help@pinga-app.com explaining the circumstances and we will review the case and if necessary refund you. You must attached an electronic copy the receipt(s) relating to your purchase.

You agree that the contract of sale in relation to item(s) purchased is made between you and the Vendor; it is not with us. Once you have given the item(s) to the Tasker, and they have paid you, the contract sale becomes with the Tasker and the Vendor.

If the Tasker has requested any age restricted items (e.g. alcohol or tobacco), it is your responsibility to ask for proof of age when you deliver the item(s) if you believe they look under 25 years of age. If they cannot provide acceptable photographic ID then you must not deliver the item(s) to the Doer. Instead, please email help@pinga-app.com , with a photo of the receipt, briefly explaining the circumstances and you will receive a full refund for your purchase.

Pricing and payment

When you first use the App or our site to request the services of a Doer, or to make yourself available as a ‘Tasker’, you will be asked to provide us with credit or debit card payment details to pay for: (i) the cost of any item(s) to be collected and delivered by a Doer at your request (if applicable); and (ii) your use of the Service and the services of any Doer you request through the App or our site. Our Payment Provider (Stripe) will store your card details for such purpose and you agree that we may undertake authorisation checks on that card (including when you use the Service to request the services of a Doer).

If you request the services of a Doer, payment will be taken automatically and processed by our third party payment service provider after you tap the ‘Accept delivery and pay’ button using the card details previously provided by you.

By entering your payment details you agree to the Stripe Terms & Conditions of use.

The amount a Tasker will pay for use of the Service and the services of any Doer you request through the App or our site will comprise: (i) the actual price (if any) paid by the Driver on your behalf for the item(s) (if applicable); (ii) a service fee agreed with the Doer (if applicable).

The amount a Doer will be paid for completing services on behalf of a Tasker will comprise: (i) the actual price (if any) paid by the Tasker on your behalf for the item(s) (if applicable); (ii) a service fee agreed with the Tasker (if applicable); (iii) minus a 0.5% bank transfer fee to your account levied by Stripe

Order process and cancellation

If you decide to cancel the services of a Doer once you have agreed a final price via the App you may do so by tapping the cancel button, however by doing so you accept that if the Doer has already incurred costs you will be liable for paying these costs to the Doer.

Intellectual Property Rights

You acknowledge that all intellectual property rights in the App, our site and the technology used or supported by them anywhere in the world, including, without limitation, the trade mark “Pinga”, belong to us or our licensors, that rights in the App and our site are licensed (not sold) to you and that you have no rights in or to the App, our site or the technology used or supported by them other than the right to use each of them in accordance with these Terms of Use.

You acknowledge that you have no right to have access to the App or our site in source code form.

Your liability to us

You will be liable to us and will indemnify us for any breach by you of these Terms of Use or of any contract between you and any third party (including any terms of service that apply between you and any Taskers or Doers you engage through the App or our site). This means that you will be responsible for any loss or damage we suffer as a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.

Limitation of our liability

You acknowledge that the App and our site have not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the App and our site meet your requirements.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, our site or any content on them, whether express or implied.

We will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the App or our site if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms of Use or our negligence or if it was reasonably contemplated by you and us at the time you downloaded the App or started using our site as a possible result of our breach of these Terms of Use or our negligence.

You may only use the App and/or our site for domestic and private use. You agree not to use the App or our site for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not under any circumstances be liable for:

  • the behaviour, acts or omissions of any Doers or Taskers you engage through the App or our site or the quality of the services they provide;
  • the quality or fitness for purpose of any item(s) collected by a Doer at your request;
  • the failure by a Vendor to supply, or to allow the Doer allocated to you to collect, your item(s); or
  • any loss or damage caused by any bug, virus or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of the App or our site or your downloading of any content on any website linked to them.

Nothing in these Terms of Use:

  • excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or
  • is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Restrictions on use of the App

Except as expressly set out in this these Terms of Use, you agree:

  • not to copy the App or our site except where such copying is incidental to normal use of the App or our site or where it is necessary for the purpose of back-up or operational security;
  • not to sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the App or our site;
  • not to permit the App, our site or any part of them to be combined with, or become incorporated in, any other programs;
  • not to access without authority, interfere with, damage or disrupt any part of the App or our site, any equipment or network on which the App or our site is stored, any software used in the provision of the App or our site or any equipment or network or software owned or used by any third party;
  • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or our site or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App or our site with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App or our site with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the App or our site; and
  • not to provide or otherwise make available the App or our site in whole or in part (including object and source code) in any form to any person without prior written consent from us.

Acceptable use of the App and our site

You must:

  • not use the App, our site or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, our site, the Service or any operating system;
  • not use the App or our site to arrange for the collection and delivery of any item that is dangerous and/or illegal;
  • not use the App or our site to arrange for collection, delivery or to anyway get involved in any of the following activities, goods or services:
    • Adult content and services
    • Animals and wildlife products – examples include live animals, mounted specimens, and ivory
    • Art
    • Artifacts, grave-related items, and Native American arts and craftsbail bonds
    • Catalytic converters and test pipes
    • Cell phone (wireless) service contracts
    • Contracts
    • Controlled substances including drugs and drug paraphernalia
    • Cosmetics
    • Counterfeit currency and stampsCounterfeit or unauthorized goods
    • Coupons
    • Credit cards
    • Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
    • Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
    • Embargoed goods and prohibited countries
    • Event tickets
    • Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
    • Gift cards
    • Government documents, IDs, and licenses
    • Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms
    • Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
    • Human remains and body parts
    • International trading
    • Intellectual property or proprietary rights infringement (Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party)
    • Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
    • Lockpicking devices
    • Lottery tickets
    • Mailing lists and personal information
    • Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments 
    • Military items (see also firearms, weapons, and knives)       
    • Mortgage consulting or debt reduction services; credit counselling or repair;                    
    • Multi-level marketing, pyramid, and matrix programs
    • Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia 
    • Pesticides
    • Plants and seeds                           
    • Police-related items
    • Political memorabilia (reproduction)
    • Prescription drugs
    • Prohibited services
    • Pseudo pharmaceuticals (Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory)
    • Sexual or adult only services of any kind
    • Social media activity (Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity)
    • Substances designed to mimic illegal drugs (Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
    • Real estate
    • Recalled items
    • Slot machines
    • Stamps
    • Stocks and other securities
    • Stolen property
    • Surveillance equipment
    • Video game or virtual world credits (Sale of in-game currency unless the merchant is the operator of the virtual world)
    • Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller
  • comply with any terms of service that apply between you and any Doers or Taskers you engage through the App and/or our site;
  • not access the App or our site using another person’s Facebook account or log-in details;
  • not infringe our intellectual property rights or those of any third party in relation to your use of the App, our site or the Service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);
  • not use the App, our site or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

If you make use of any feature that allows you to provide comments and/or feedback via the App or our site (for example, when using the App’s ‘Help’ or ‘Contact support’ feature), any such comments and/or feedback must be accurate and must not:

  • be defamatory of any person;
  • be obscene, offensive, hateful, inflammatory or otherwise objectionable;
  • promote violence or sexually explicit material;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of the App or our site;
  • be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy another person;
  • be used to impersonate any person or to misrepresent your identity or affiliation with any person; or
  • give the impression that they emanate from us, if that is not the case.

We will not be responsible, or liable to any third party, for the content or accuracy of any comments and/or feedback provided by you via the App or our site. Any such feedback and/or comments will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose the same to third parties for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party in respect of whom you provide comments and/or feedback via the App or our site.

Suspension and termination

You may terminate the legal agreement between us at any time by emailing help@pinga-app.com . By doing so we reserve the right to suspend your use of the App.

We will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of the App and/or our site and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the App and/or our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and
  • disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

The responses described in these Terms of Use are not limited and we may take any other action we deem reasonably appropriate.

If we withdraw your right to use the App and/or our site:

  • all rights granted to you under these Terms of Use shall cease;
  • you must immediately cease all activities authorised by these Terms of Use, including your use of the Service; and
  • you must immediately delete or remove the App from all Mobile Devices.

Links to third party websites and resources

The App and/or our site may contain links to websites and resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.

Events outside our control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms of Use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

Other important terms

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use are not intended to confer rights on anyone other than you and us.

Applicable law

These Terms of Use, their subject matter and formation are governed by English law.

The courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland).

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.