Terms & Conditions

1.Agreement

By accessing, visiting, or otherwise using PicUp.com.au (“the Site”), you are entering into this Website User Agreement (the “Agreement”) with PicUp and you agree to be bound by the Agreement in connection with your access and use of the Site. This Site is owned and operated by PicUp Pty Ltd (53627699076).

For purposes of this Agreement, “PicUp”, “us”, “we”, or “our” means PicUp Pty Ltd if you are accessing the Site from anywhere else in the world.

Please read our terms and (the “Terms and Conditions”), which also govern your creation of an account on the Site or App, booking a task or accessing, visiting or otherwise using the Site or any of our other products or services that link to the Terms and Conditions (collectively referred to as the “Services”). By accessing or using the Services, you also agree to be bound by Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Services. To the extent you have also entered into and are subject to the Terms and Conditions, this Agreement is hereby incorporated by reference into, and forms a part of, the Terms and Conditions. In the event of a conflict between this Agreement and the Terms and Conditions, the Terms and Conditions will apply.

This Agreement may be amended from time to time at PicUp’s discretion and without prior notice to you. Visitors to the Site are encouraged to review this Agreement from time to time as your continued use of the Site will indicate your acceptance of the terms herein.

2.Intellectual Property Rights

PicUp retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, and the Site content including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sound effects, musical works, and moral rights. PicUp claims copyright over all content on the Sites, including Blog postings, unless otherwise indicated.

3.License to You

The Site is provided to you through this license. PicUp retains all ownership and proprietary rights in the Site and hereby grants you the non-exclusive, non-transferable, limited right to use the Site.

The Site includes an Application Programming Interface (API) through which PicUp[[SF1]](#_msocom_1)provides a number of services, such as quoting, booking and tracking goods for delivery, waste and junk removal. PicUp is the owner of all intellectual proprietary rights in the API subject to this license whereby PicUp grants you the right to use the API for your own purposes, explicitly for moving your goods or rubbish and junk removal. If you wish to use the API for the purpose of completing tasks for other parties, you must first seek the permission of PicUp to do so and adhere to any requirements set by PicUp from time to time. You can seek this permission by PicUp support.

This license commences upon your acceptance of this Agreement and continues until termination by PicUp or you. PicUp has the discretion to terminate your license immediately and without notice at any time and may take legal action against you if you have breached these terms. All rights not specifically granted under this Agreement are reserved by PicUp and, as applicable, its licensors.

This limited license excludes the right to:

(a) Frame or utilize framing techniques to enclose the Site or any portion of the Site;

(b) Republish, redistribute, transmit, sell, license or download the Sites or any and/or all Site Content (except caching or as necessary to view the Site);

(c) Make any use of the Site or any and/or all Site Content other than for personal use;

(d) Modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content;

(e) Collect account information for the benefit of yourself or another party;

(f) Use any meta tags or any other hidden text utilizing any and/or all Site Content;

(g) Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;

(h) Download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

By using this Site, you agree NOT to modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Site Content.

4.Your License to PicUp

By posting, submitting or otherwise publishing any material to the Site or App, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. By submitting or posting any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and publicly display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, or patent laws under any relevant jurisdiction. You also grant the discretionary right to identify you as the author of any of your postings or submissions by name, email address or screen name.

5.Limitations on Linking

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by PicUp, which does not exist.

6.PicUp’s Obligations

PicUp reserves the right to make changes to the Site, its operation and application at any time without prior notice. PicUp may engage a third party to provide technical assistance with the Site. PicUp will take reasonable steps to ensure the ongoing effective operation and maintenance of the Site and take steps to repair technical issues that arise from within the Site within a reasonable time, insofar as the issues are of a global nature, and do not arise from individual use.

7.Conditions of Use

You agree to use the Site in accordance with this agreement, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to PicUp.

You agree that you will not upload or provide content on the Site which is:

(a) Defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;

(b) Infringes the intellectual or other proprietary interests of third parties;

(c) Contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site or otherwise breaches or encourages other users to breach this Agreement;

(d) Violates any law; or

(e) Encourages or incites any other person to engage in any of the above behaviour;

You also agree that you will not :

(f) Use technology or other means that is not authorised by PicUp to access the Site;

(g) Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site;

(h) Attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Sites or the Facebook Page;

(i) Gain or attempt to gain unauthorised access to the Sites or Facebook Page including the networks or user accounts; or

(j) Attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.

8. Third Party Links

At times we may provide links and pointers to third party Sites. Once you leave our Site and move to a linked Site, you will be subject to the third party’s terms and conditions and privacy obligations. PicUp does not have control or responsibility over the content or security of third party linked Sites. Opinions expressed or material on third party Sites are not necessarily shared or endorsed by PicUp. PicUp uses a linked third party payment provider and PicUp does not provide any guarantees or warranties in relation to the functionality or security of that third party provider.

9.Warranties

The site is provided on an “as-is” and “as available” basis, and PicUp (and our suppliers) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. PicUp makes no warranty that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

PicUp does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. PicUp maintains current anti-virus software, however to the extent provided by law, we do not guarantee against third party interference. PicUp does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. PicUp is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond our reasonable control.

The advice and information contained within this Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. Any views expressed are the views or opinions of PicUp and we do not guarantee that any information provided is up to date or error free.

10.Indemnities

You agree to indemnify PicUp and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim or demand, including costs and attorneys’ fees, arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of the Agreement, including violation of this Agreement or of any applicable laws or regulations. PicUp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PicUp. PicUp will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11.Limitation of Liability

To the maximum extent permitted by law, in no event shall PicUp (or our suppliers) be liable to you or any third party for any lost profits, lost data, costs of procurement or substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use, the site, even if PicUp has been advised of the possibility of such damages. access to, and use of, the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

12.Breaches of This Agreement

PicUp reserves the right to take any of the following actions if we reasonably suspect that a breach of this agreement has occurred:

(a) issue a formal warning;

(b) suspend or prohibit access to the Site;

(d) block computers using your IP address from accessing the Site;

(e) contact any or all your internet service providers and request that they block your access to the Site;

(f) take legal action against you, and

(g) suspend or delete your account on the Site.

If we suspend, prohibit or block your access to the Site or a part of the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.

13.Governing Law

This agreement is governed by the laws of Queensland and Australia.

Privacy Collection Statement

This statement is provided to you in accordance with the Australian Privacy Principle 5 under the Privacy Act 1988. This statement is prepared by PicUp Pty Ltd (ABN 53627699076 ) (“PicUp”). All privacy related queries should be directed in writing to PicUp customer support.

PicUp collects, uses, holds and discloses information first and foremost to provide our services to you. This includes collecting your information so that you may open an account with us and collecting information about third parties to complete a task to them.

We use your information to:

• give you access to the services that we provide;

• arrange the movement of goods or remove junk and waste;

• send you promotional material from time to time;

• assist you with customer service queries;

• assess and deal with feedback and complaints; and

• for marketing and promotional activities, including those conducted by our benefits partners and;

We require certain information to provide our services to you and when required information is not provided, our service will not be available to you. You may opt out of receiving promotional material at any time.

We disclose information to:

• third party agents for the purpose of providing the services to you;

• our business advisors in which case information is generally disclosed in a de-identified aggregate form;

1. Agreement

• By registering an account or sending or receiving goods with PicUp, you agree to be bound by these Terms and Conditions. PicUp may amend these terms and conditions from time to time, so we encourage you to review this page as continued use of the Site will indicate your acceptance of them. These Terms and Conditions should be read together with our Website User Agreement and Privacy Policy.

2. Requirements of Use

1. You must be at least eighteen (18) years of age to use our Services; and by doing so you warrant and represent to us that you are at least eighteen (18) years old.

2. To access our services, you may wish to open an account with us. You are responsible for maintaining confidentiality of your account, username and password information. PicUp is not responsible for any unauthorised transactions made through your account.

3. If you are accessing and using an account on behalf of someone else, you represent that you have the authority to bind that person as principal to these Terms and Conditions.

4. By opening a PicUp account you represent and warrant that the information provided is true and correct. You agree to indemnify PicUp for any loss, damage or claim that is made against or suffered by PicUp arising from a breach of this term.

5. You warrant that you hold the copyright to any images uploaded to the Site or that you have the authority of the copyright owner to upload any images to the Site.

6. PicUp retains the right to close an account anytime.

3. Our Services

1. PicUp facilitates the booking and movement of goods, as well as junk and waste removal. PicUp provides its services in accordance with the Australian Consumer Law. PicUp is not a common carrier, and we do not accept any liability as a common carrier. PicUp may refuse to provide services at its discretion.

4. Goods Movement Requirements

PicUp will only arrange movement of goods that respect the size and weight limits of the PicUp products. We reserve the right to refuse to take goods for delivery that exceed our size and weight limits.

PicUp will not accept possession of or deliver the following:

1. • Hazardous, dangerous, prohibited or illegal goods,
2. • Arms / weapons,
3. • Living goods and perishables
4. • Irreplaceable items or items with a value exceeding $20000,
5. • Irreplaceable legal documents or money.
6. • Dangerous Goods
7. • Munitions of war

PicUp has the right to open and inspect parcels at any time, without notice to the sender or recipient, to determine the nature, condition, ownership or destination of the contents.

PicUp also has the right to do anything deemed appropriate in its sole discretion, if we think a parcel contains goods that are listedabove, o[[SF2]](#_msocom_2)r contains goods that have not been properly described, declared or that may become dangerous. This includes the right to destroy or dispose of the goods or contact any relevant authorities to do so. In this case, PicUp has the right to charge the sender of the goods for any disposal costs.

PicUp is not liable for the non-delivery of goods under this Clause.

5. Customer Obligations

1. The user is responsible for ensuring that:

2. • the goods are within the size requirements offered to be moved or disposed of,
3. • the goods are properly packaged for transit given the nature of the goods and any notification is given with respect to special handling requirements,
4. • the goods are accurately described in content and value,

5. • the goods are not of the nature described in section (4) above

     [[SF3]](#_msocom_3)

     ,

6. • all declarations made in relation to the goods are true and correct, and
7. • the delivery instructions displayed when making a booking are clear and correct.

8. The sender warrants that you are the owner or have the authorisation of the owner of the goods and are authorised to send or dispose of them.

9. Senders and recipients agree to indemnify PicUp against any cost or liability incurred, paid by PicUp in dealing with any claim against PicUp for loss or damage to property, illness, injury or death that arises from:

10. • the contents of the goods being moved or disposed of;
11. • the insufficient, or improper packing, labelling or marking of a goods;
12. • the sender or recipient’s breach of these terms and conditions;
13. • a negligent or unlawful act or omission, or wilful misconduct by the sender, recipient or any person acting for them.

14. The indemnity contained above[[SF4]](#_msocom_4)may be enforced without PicUp suffering the actual loss or damage.

15. The sender complies with all applicable customs, import, export, data protection laws, sanctions, embargoes and other laws and regulations.

16. The sender acknowledges that loss or damage are insurable risks, obtaining insurance is the responsibility of the Sender and choosing not to do so is at the Sender’s own risk.

6. Owner’s Risk[[SF5]](#_msocom_5)

1. These items are deemed to be at Owner's Risk (that is, they are NOT covered by PicUp Cover).

2. • Second-hand car parts
3. • Perishables (e.g. fresh fruit and vegetables, meat or frozen goods)
4. • Flowers or plants
5. • Cash or other negotiable instruments (e.g. tickets)
6. • Irreplaceable items or items with a value exceeding $20000
7. • Irreplaceable legal documents or other valuables
8. • Fine art
9. • Second-hand goods and clothes
10. • Dangerous goods and prohibited items
11. • Jewellery, gems, trinkets or personal ornaments like rings, necklaces, trinkets or other items containing jewels or precious metals

2.If you choose to send these goods with PicUp despite our warnings, you do so at your own risk. We strongly advise you to arrange coverage for loss or damage.

3.You acknowledge that You are responsible for ensuring that no Goods required to be carried are left behind or omitted

4.You acknowledge that We bear no liability if any Goods are carried due to any mistake, accident, error or otherwise by You.

5.You acknowledge that We are under no obligation to arrange insurance of Goods.

7. Our Application Programming Interface

1. PicUp provides a number of services, such as quoting, booking and tracking, via its Application Programming Interface (API).

2. PicUp is the owner of the API however, we give you the right to use the API for your own purposes, explicitly for moving your own goods or disposing of junk and waste.

3. If you wish to use the API for the purpose of moving goods for other parties, you must first seek the permission of PicUp to do so and adhere to any requirements set by PicUp from time to time. You can seek this permission by contacting the PicUp customer support.

8. Collection

1. PicUp will endeavour to pick up your goods or junk and waste on the required day, however, we can do not guarantee this will happen.

2. All goods must be ready for collection on the designated date. If the required goods are not ready when the hauler arrives for collection, the delivery will be considered futile and the delivery fees will be forfeited. PicUp may also charge a service fee for parcels considered futile. We will only collect goods or waste and junk from the location specified in the pickup instructions.

3. Goods left unattended for collection are left at the responsibility of the person who booked the PicUp. PicUp does not have liability for any loss or damage that occurs to unattended parcels.

4. Our agents reserve the right to decline to enter any premises that they deem to be dangerous or unsafe. If this occurs, PicUp will attempt to contact the sender to make alternative arrangements, failing which the parcel will be tagged as a futile collection attempt.

9. Delivery

1. We provide customers with an estimated date and time of pick up and delivery, however, these estimates are subject to change and are not guaranteed.

2. All tasks are tracked within PicUp’s platform and forwarded on via the app to the person who made the booking.

3. Goods may be left unattended at the delivery address when instructed to do so by the person making the booking. PicUp holds no responsibility for goods left unattended at a delivery address when the parcel has been approved to be left unattended.

4. If goods have been returned to the pick up location or another specified other than the booking an extra charge can be incurred.

5. We rely upon the delivery details provided by the Sender, if an item is not accepted for delivery the parcel may be returned to the Sender.

6. Our haulers reserve the right to decline to enter any premises that they deem to be dangerous or unsafe. If this occurs, PicUp will attempt to contact the receiver to make alternative arrangements, failing which the parcel will be returned to the PicUp location.

10. Payment

1. A valid credit card Payment is required to be connected to your PicUp account at the time of placing an order through the PicUpApplication or website. PicUp accepts payments through a third party payment gateway stirpe https://stripe.com/au. PicUp does not store any credit card details.

2. PicUp may choose to take payment for an order immediately at the time of placing an order, or on a weekly basis where a single payment will be taken for one or more orders.

3. If a credit card payment fails, PicUp may either retry the payment after a number of days or choose to lock your account.

4. PicUp does not charge a fuel levy, however, at times additional costs may apply due to taxes, duties or tolls.

5. PicUp reserves the right to charge an additional fee in the event that the booking weight or volume of your order is less than the actual weight or volume. This additional fee will be the difference in the cost of delivery or dumping fees between the booking weight or volume and the actual weight or volume. A service fee may also be charged in addition to the difference of the booking weight and the actual weight.

11. Cancellations or Changes

1. Changes to delivery information can only be made prior to the goods or waste and junk being collected.

2. If a change to the delivery address arises once the goods are is in transit, a new delivery charge will apply. We cannot guarantee that we will be able to communicate the new address to the delivery agent.

3. An order can only be cancelled prior to collection, in which case there will be no charge to the customer. Orders cannot be cancelled once the task has started.

12. Subcontracting

1. We and any Subcontractor are entitled to subcontract or on forward, on any terms, the whole or any part of the Services.

2. Every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defence and immunity of whatsoever nature for Our benefit or to which We are entitled hereunder is also available and will extend to protect: (1) All Subcontractors; (2) All of Our servants, agents and every other Person by whom the Services or any part thereof are performed or undertaken; and (3) All Persons who are or might be vicariously liable for the acts or omissions of any Person referred to in Clause 12.2

3. For the purpose of this Clause, We are or will be deemed to be acting as agent or trustee on behalf of and for the benefit of all such Persons and each of them will to this extent be or be deemed to be parties to this Contract.

13.Limited Liability

1. Without limiting the operation of the Australian Consumer Law, PicUp excludes all conditions, warranties, terms and guarantees otherwise implied by law.

2. Goods are moved at your own risk. PicUp excludes liability for any loss or damage that occurs during transit that is:

3. • attributable to the misconduct of someone acting on your behalf,
4. • ordinary wear and tear,
5. • leakage from your Goods,
6. • ordinary loss in weight or volume shrinkage,
7. • ordinary leakage,
8. • inappropriate packaging,
9. • delay or caused by an event outside of our control.
10. • mould, moths, insects, rats or vermin,
11. • electrical or mechanical breakdown or malfunction unless there is visible external evidence of physical damage to the goods,
12. • rust, oxidisation or discolourisation
13. • or caused by strikers, locked-out workers, people taking part in labour disturbances, riots or civil commotions.

14. The sales price amount covered by PicUp Cover includes GST, waste transfer fees and associated costs with transporting goods waste and junk.

15. PicUp is not liable to pay for any direct, indirect, economic, special or consequential loss or damage including but not limited to loss of sale, revenue, profit, production, business or claims made by you or made against you, regardless of foreseeability.

16. Without limiting any rights at law our liability is limited to supplying the services again, or to the cost of supplying the services again.

14. Force Majeure

1. Except for obligations to make payment, non-performance by any Party will be excused to the extent that performance is rendered impossible or impractical by acts of God, lightning strike, earthquakes, floods, storms, explosions, fires and any natural disaster, acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution or governmental acts, orders or restrictions.

15. General

1. If any provision of this Agreement is invalid under any law the provision will be deleted from the Agreement and the remaining provisions will remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of Queensland and Australia and the parties agree that any claim arising out of this Agreement will be heard in Queensland.

---

[[SF1]](#msoanchor1)Refer to #7 in privacy component – is this a repeat?

[[SF2]](#msoanchor2)Check reference

[[SF3]](#msoanchor3)Check reference

[[SF4]](#msoanchor4)Check reference

[[SF5]](#msoanchor5)Is this a repeat of 4 and 5?