PikUp Terms Of Use

Welcome to PikUp, a community-based kai harvesting marketplace provided by Tāiki e! Impact House ("PikUp," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in PikUp services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement.  If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").

 

Please read this agreement carefully to ensure that you understand each provision.  You understand and agree that PikUp is not a party to any agreements entered into between homeowners and food harvesters, nor is PikUp an agent or insurer.  PikUp has no control over the conduct of harvesters or other users of the service and disclaims all liability in this regard.  

 

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilise the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the PikUp service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

Eligibility

This Service is intended solely for people sixteen (16) years of age or older, and any registration, use or access to the Service by anyone under 16 is strictly prohibited. PikUp reserves the right to limit or restrict access by any person, in our sole discretion.

End User License

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. PikUp may terminate this license at any time for any reason or no reason.

Indemnity

You agree to defend, indemnify and hold harmless PikUp and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of New Zealand or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

No Warranty

If you choose to use the service and/or participate in a listing, you do so at your own risk.  The service and any products are provided on an “as is” and “as available” basis.  To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  No advice or information, whether oral or written, obtained by you from PikUp or through the service will create any warranty not expressly stated herein.  Without limiting the foregoing, PikUp, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.  You will be solely responsible for any damage or loss that results from your use of the service or products.

Limitation of Liability

Except as expressly provided in the insurance provision, to the maximum extent permitted by applicable law, in no event shall PikUp, its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any rental.

To the maximum extent permitted by applicable law, PikUp assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party.  In no event shall PikUp, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts paid by PikUp to you in the twelve (12) month period prior to the event giving rise to the liability; or (b) One hundred dollars ($100).  The limitations of damages set forth above are fundamental elements of the basis of the bargain between PikUp and you.  This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if PikUp has been advised of the possibility of such damage.  The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PikUp without restriction.  Any attempted transfer or assignment in violation hereof shall be null and void.

Termination

We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.

Entire Agreement/Severability

This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by PikUp via the Service, shall constitute the entire agreement between you and PikUp concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

No Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PikUp’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. 

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of New Zealand, unless something else is required by binding law.