Terms and Conditions

Last Updated: October, 2023

These Terms and Conditions ("Agreement") governs the use of the services ("Service"), including this website and all pages within this website (collectively referred to herein below as the "Website") that are made available by Pik N Deliver ("pikndeliver.nz", "we" or "us"). These Terms and Conditions represent the whole agreement and understanding between Pik N Deliver and the individual or entity who subscribes to our service ("Customer" or "you").

Please read this Agreement carefully. By interaction or use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Pik N Deliver may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that Pik N Deliver believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party.

Pik N Deliver Service is not for use by any minors (defined as those who are not 18 years of age), and you must not use this Service if you are a minor.

Pik N Deliver may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Customers upon posting of the modified Agreement to this web address (URL): https://pikndeliver.nz/terms/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

(1) Intellectual Property Rights

Pik N Deliver and/or its licensors own all rights to the intellectual property and material contained in Pik N Deliver Service, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for the purpose of viewing the material.

(2) Restrictions

You are expressly and emphatically restricted from all of the following:

2.1 publishing any Website and Pik N Deliver Service material in amy media.

2.2 selling, sublicensing and/or otherwise commercialising any Website and Pik N Deliver Service material.

2.3 publicly performing and/or showing any Website and Pik N Deliver Service material.

2.4 using this Website and Pik N Deliver Service in any way that is, or may be, damaging to this Website or Pik N Deliver Service.

2.5 using this Website and Pik N Deliver Service in any way that impacts Customer or user access to this Website or Pik N Deliver Service.

2.6 using this Website and Pik N Deliver Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website or Pik N Deliver Service, or to any person or business entity.

2.7 engagaing in any data mining, data harvesting, data extracting, data exfiltration, or any other similar activity in relation to this Website and Pik N Deliver Service, or while using this Website and Pik N Deliver Service.

2.8 using this Website and Pik N Deliver Service to engage in any advertising or marketing.

Certain areas or parts of this Website and Pik N Deliver Service are restricted from access by you, and Pik N Deliver may further restrict access for you to any areas or parts of this Website and Pik N Deliver Service, at any time, in its sole and absolute discretion. Any credentials (including, but not limited to username and password) you may have for this Website and Pik N Deliver Service are confidential and you must maintain confidentiality of such information.

(3) Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of our terms and conditions:

(4) General Terms

4.1 You agree that you are not entering into this Agreement contingent on the provision of any future functionality relating in any way to Pik N Deliver Service and no statement or other information made or provided orally or otherwise shall be binding.

4.2 This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the Parties.

4.3 This Agreement, including all exhibits and attachments, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

4.4 No modification, amendment, or waiver of any provision of this Agreement will be effective unless agreed to, in writing, by Pik N Deliver. However, to the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any exhibit or addendum hereto, the terms of such exhibit or addendum will prevail.

4.5 This Agreement may be executed in counterparts, each of which, when so executed and delivered (including by electronic execution and transmission), shall be deemed an original, and both of which shall constitute one and the same agreement.

4.6 There are no third-party beneficiaries to this Agreement, unless expressly stated otherwise.

4.7 Neither Party will be in default for failing to perform any obligation, if the failure is caused solely by events beyond the failing party’s reasonable control, including without limitation acts of God, civil commotion, strikes, terrorism, pandemics, failure of third-party networks or services or the public Internet, power outages, and labour disputes or governmental demands or restrictions.

4.8 No failure or delay by either party in exercising any right under this Agreement will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

4.9 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.

4.10 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of Pik N Deliver (not to be unreasonably withheld or delayed). Notwithstanding the foregoing, Pik N Deliver may assign this Agreement in its entirety, without consent of the other party, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. This Agreement will bind and insure to the benefit of the parties.

4.11 Upon signing up with Pik N Deliver, each Customer will checkmark the box which declares that they understand and accept Pik N Deliver Terms and Conditions. It is recommended that you thoroughly read and understand this agreement to avoid unnecessary delays, claims or problematic matters for you, or for Pik N Deliver. If you have any questions or would like to contact Pik N deliver regarding these Terms and Conditions, please do so by either emailing info@pikndeliver.nz or via the "Contact Us" form as https://pikndeliver.nz.

4.12 Pik N Deliver is engaged in the transportation of consignments, operating in the Auckland region. If the pick up or delivery location for a consignment falls outside of our service region, please contact Pik N Deliver at info@pikndeliver.nz for assistance.

4.13 Pik N Deliver reserves the right to decline a booking at its discretion, and to discontinue access to its services at any time without notice.

4.14 Pik N Deliver's maximum carrying weight is 20 KG per consignment, and the maximum dimensions of 50 (L) x 50 (W) x 50 (H) centimeters (cm) per consignment. If your consignment exceeds this weight and dimensions limit, please contact info@pikndeliver.nz. Pik N Deliver will decline pick up, transportation, and delivery of any consignment if it does not comply with these specifications.

4.15 The maximum number of parcels per consignment must not exceed 5. This means that the total number of parcels to be picked up from a pick up address and delivered to a delivery address must not exceed 5. Pik N Deliver reserves the right to refuse or cancel pick up, transportation, and delivery of your consignment if it exceeds this maximum parcel per consignment allocation.

4.16 All consignments must be legal products, and not containing any prohibited, restricted, dangerous goods, hazardous materials, firearms or live animals. Pik N Deliver will decline any consignments deemed illegal, and maintains the right to contact and report such instances to the proper authorities. Pik N Deliver reserves the right to impose charges on the Customer to account for, at the least, any fines or similar costs incurred by or imposed on Pik N Deliver for the inclusion of prohibited, restricted, dangerous goods, harzardous materials, firearms or live animals as part of the consignment.

4.17 Consignments containing perishable or limited life items will be transported at the Customer’s and Receiver’s own risk. Pik N Deliver will not be liable for any damage to the consignment. Exemption to this clause may be applied to business entities at Pik N Deliver's sole discretion. Exemption will be captured within the business entity specific service agreement, if applicable.

4.18 Customer is fully responsible for proper packaging of the consignment. Pik N Deliver does not accept responsibility for any damage to consignment due to poor or improper packaging. Additionally, Pik N Deliver reserves the right to refuse pick up, transportation, and delivery of improperly packaged consignments, and in such cases is without liability to deliver consignment on time. Refunds will not be issued for consignments comprising of improperly packaged and/or labeled parcels.

4.19 Pik N Deliver reserves the right to inspect any consignment where Pik N Deliver deems necessary to assesss and confirm conformance to Pik N Deliver Terms and Conditions. Inspection will include opening the consignment to verify contents against Pik N Deliver Terms and Conditions and the Customer submitted information on the website booking form or mobile application.

4.20 Pik N Deliver reserves the right to verify Receiver identity by sighting current (not expired) New Zealand government issued or accepted proof of photographic identity documentation. Commonly acceptable proof of photographic identitiy documents include (without limitation) passport and New Zealand photo driver's licence. Pik N Deliver reserves the right to refuse the release of the consignment at the delivery address in the case that provision of proof of photographic identity documentation is refused by the Receiver, or proof of photographic identity documentation is provided by the Receiver but is deemed not satisfactory by Pik N Deliver at its sole discretion. A new booking would need to be created by the Customer to have the consignment returned, in the case the consignment is required to be returned to the Customer. This will incur additional delivery fees.

4.21 Any offers or quotes provided by Pik N Deliver in relation to its services is valid for 30 days from the date of issue. In the case that an offer or quote expiry date is specified within a given offer or quote, then the offer or quote expiry date specified with the given offer or quote shall prevail.

4.22 Pik N Deliver reserves the right to retract any offers and quotes that Pik N Deliver provides in relation to its services at any time. Retraction of offers and quotes by Pik N Deliver renders applicable offers and quotes invalid immediately upon the retraction notice being sent out by Pik N Deliver. Retraction notice is sent out by Pik N Deliver to the offer or quote recipient(s) via email in the event an offer or quote is retracted by Pik N Deliver.

(5) Age Restricted Items

5.1 Pik N Deliver strictly prohibits the use of Pik N Deliver Service to facilitate the sale and supply of alcoholic beverages, intoxicating drinks and other age restricted products (such as knives and tobacco products) to persons under 18 years old. You must be at least 18 years old and any Recipient you are obtaining for or supplying the said products to must likewise meet this requirement.

5.2 You agree and acknowledge that Pik N Deliver, in its absolute discretion, may seek to verify your age via methods that are legally accepted as Proof of Age, as well as the age of the Recipient.

5.3 Pik N Deliver reserves the right to refuse, cancel, or reverse any transaction in its absolute discretion if it reasonably suspects that Clauses 3.1 or 3.2 are not being strictly complied with, either by the Customer and/or the Recipient.

5.4 Pik N Deliver will charge you a return delivery fee to return the products to the original pick-up point if the Driver can not complete delivery either due to the absence of the Recipient or any other person in the delivery address, if there is no available person over the age of 18 to receive the products at the delivery address or if there is a reasonable belief that the Recipient is intoxicated, or if in the reasonable opinion of the Driver that any proof of age documentation shown or supplied is not genuine.

(6) Chilled and Frozen Deliveries

6.1 The temperature of the goods at pick-up must be within the expected temperature range of the goods at delivery. Pik N Deliver will take a temperature measurement at pick-up using its own temperature measurement apparatus and Pik N Deliver reserves the right to reject pick-up and delivery of goods in the case the goods temperature at pick-up is not within the expected delivery temperature range.

(7) Consignment Pick Up

7.1 It is your responsibility to ensure that the consignment is ready to be picked up from the specified pick up address when making a booking with Pik N Deliver. If the consignment to be picked up is not released at the pick up address to Pik N Deliver, Pik N Deliver reserves the right to treat the booking as fulfilled and complete, and take no further action. Furthermore, you will forfeit the booking fee in its entirety and Pik N Deliver will reserve the right to retain the full booking fee. A new booking will need to be made by you with Pik N Deliver for the consignment of interest to be picked up and delivered when the consignment is ready to be released by the sender.

(8) Redelivery

Pik N Deliver only undertakes a single redelivery attempt for a booking under the following conditions:

8.1 If the Recipient is unavailable at the delivery address, the Driver will attempt to contact the Recipient to obtain clarification and/or confimation from the Recipient as to where the Driver can leave the consignment. If the Driver's attempt to contact the Recipient is unsuccessful (for whatever reason), the Driver will attempt redelivery at another suitable time (entirely dependent on the Driver's schedule) on the delivery day. If the Recipient is unavailable at the delivery address during the redelivery attempt, the Driver will attempt to contact the Recipient to obtain clarification and/or confimation from the Recipient as to where the Driver can leave the consignment. If the Driver's attempt to contact the Recipient is unsuccessful during the redelivery attempt (for whatever reason), the Driver will leave the consignment at a safe place (which is determined by the Driver at their sole discretion) within the accessible area of the property. At this point the consignment will be deemed delivered and Pik N Deliver will no longer be liable for the consignment.

8.2 If the Driver deems it unsafe to leave the consignment (for whatever reason), a notification will be sent to the customer and the recipient, and a new booking would need to be created by the customer or the recipient to have the delivery completed with the applicable booking fee.

8.3 If the items to be delivered consist of alcohol and/or other age restricted products including, but not limited to alcohol, tobacco, spray paints, and blades, and either the Recipient or the person receiving the consignment at the delivery address is under 18 years of age, intoxicated, unavailable, or unreachable via mobile phone, a new booking would need to be created by the Customer to have the consignment redelivered to the delivery address.

(9) Returns

9.1 If the Recipient is unavailable and unreachable (via mobile phone) at the delivery address at the time of delivery or redelivery, a new booking would need to be created by the Customer to have the consignment returned, in the case the consignment is required to be returned to the Customer. This will incur additional delivery fees.

9.2 If the items to be delivered consist of alcohol and/or other age restricted products including, but not limited to alcohol, tobacco, spray paints, and blades, and either the Recipient or the person receiving the consignment at the delivery address is under 18 years of age, intoxicated, unavailable, or unreachable via mobile phone, a new booking would need to be created by the Customer to have the consignment returned to the pick up address.

9.3 If the delivery address or any delivery information provided is incorrect and the delivery is undertaken and completed based on the provided incorrect information, a new booking would need to be created by the Customer to have the consignment returned to the pick up address.

9.4 If wrong parcel(s) or consignment is turned over to the Driver at the pick up address, a new booking would need to be created by the Customer to have the consignment returned to the pick up address.

(10) Your Content

10.1 In these Website Terms and Conditions, "Your Content" shall mean any audio, video, text, images, or other material you choose to upload to this Website (where explicitly permitted). With respect to Your Content, by uploading it, you grant Pik N Deliver a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.

10.2 Your Content must be your own and must not be infringing on any third party's rights. Pik N Deliver reserves the right to remove any of Your Content from this Website and Pik N Deliver Service at any time, and for any reason, without notice.