Terms and condition

User and Restaurant Partner Terms & Conditions (T&C)

This comprehensive document serves as an official electronic record, meticulously drafted and published in strict adherence to the provisions of the Information Technology Act, 2000, as well as all subsequent amendments that have been enacted to date. Furthermore, its publication specifically complies with the mandates set forth in Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. These detailed terms and conditions are legally binding and govern the access, navigation, and utilization of the www.pickngo.in website, which serves as the online portal for the platform, and the accompanying ‘Pickngo’ mobile application, which offers a convenient interface for users and merchants.

Definitions To ensure clarity and avoid ambiguity throughout this document, any capitalized terms that are not explicitly defined within these particular Merchant T&Cs will carry the meanings ascribed to them in the Services Agreement that has been duly executed between Pickngo and the Merchant. Additionally, for terms not found in either of those documents, their meanings will be derived from the broader Terms of Use that govern the general usage of the Pickngo website and its mobile application. This tiered approach to definitions ensures a consistent understanding across all related legal documents.

Scope of Services Merchants are hereby granted the right to utilize the Platform Services offered by Pickngo. This right is explicitly stated as being on a non-exclusive basis, meaning Pickngo is free to enter into similar agreements with other merchants. The relationship is strictly contractual, established through a formal agreement, and is perpetually subject to the terms and conditions meticulously outlined within this document and any other ancillary agreements. This ensures that the merchant’s engagement with the Pickngo platform is clearly defined and governed by a mutual understanding of responsibilities and rights.

Parties For ease of reference and to maintain formal clarity within this agreement, both the "Merchant" and "Pickngo" will be individually referred to as a ‘Party.’ When referenced together, collectively, they shall be addressed as ‘Parties.’ This distinction is vital for accurately attributing responsibilities and obligations throughout the document.

I. General Overview These "Merchant T&C," meticulously drafted to provide a robust legal framework, are to be read in conjunction with, and form an integral part of, the overarching Terms of Use that govern the general operation of the Pickngo platform, as well as any other specific agreements that may have been formally executed between Pickngo and the Merchant. In the event that any inconsistency or conflict arises between the provisions contained within these various documents, a clear hierarchy of precedence has been established: the terms and conditions outlined in any duly executed agreement will take precedence over these Merchant T&C. Furthermore, these Merchant T&C will, in turn, supersede any conflicting provisions found within the general Terms of Use. This hierarchy ensures that the most specific and mutually agreed-upon terms govern the relationship.

It is imperative that Merchants thoroughly read and fully comprehend these Merchant T&C. Their importance cannot be overstated, as they form the legal foundation of the relationship with Pickngo. Should a Merchant find themselves in disagreement with any of these terms, the only recourse is to immediately uninstall the Pickngo App and permanently refrain from using any of the Platform Services. By the act of utilizing the Platform, regardless of whether it involves downloading the application, installing it, or simply engaging with its services, Merchants are deemed to have entered into a legally binding contract with Pickngo. This action signifies their unequivocal acceptance of all terms contained within these Merchant T&C, the broader Terms of Use, and any other policies published by Pickngo, including, but not limited to, the Privacy Policy. This collective acceptance constitutes a legally enforceable agreement, effective from the very first date of download, installation, or active use of the Platform, whichever occurs earliest.

II. Entire Agreement These Merchant T&C, when combined with any formally signed Services Agreement, constitute the complete and exclusive understanding and agreement between the Parties concerning the provision and utilization of the Platform Services. This clause explicitly states that there are no other oral or written agreements, representations, or understandings between the Parties that are not incorporated herein. This ensures that all terms governing the relationship are contained within these documents, preventing future disputes over unrecorded stipulations.

III. Ownership and Definitions Pickngo unequivocally states its sole ownership and operational control of the Platform, which functions entirely under the prevailing laws and regulations of India. Throughout this document, when the terms "You" or "User" are employed, they refer specifically and exclusively to the merchant entity or individual engaged with the Platform. Conversely, the terms "Pickngo," "We," "Us," or "Our" are used to denote the Pickngo entity itself, representing the platform provider. These defined terms ensure precise attribution of roles and responsibilities within the agreement.

IV. Platform Services Pickngo's core function is to act as a facilitator, enabling seamless transactions between two distinct groups: Buyers and Merchants. Buyers are defined as individual consumers or entities who intend to purchase products through the platform. Merchants, on the other hand, are the participating entities who offer a diverse range of products for sale, encompassing categories such as Fast-Moving Consumer Goods (FMCG), various consumer goods, groceries, and electronic items. The platform provides a digital storefront where Buyers can conveniently browse through product listings and place orders directly with the Merchants. This fundamental service bridges the gap between consumers and product providers, streamlining the purchasing process.

V. Facilitation Services Beyond merely connecting Buyers and Merchants, Pickngo extends its services to include vital Facilitation Services. These services are specifically designed to bridge the logistical gap between Pick-up and Delivery Partners (PDPs) and Buyers for the efficient pick-up and subsequent delivery of placed orders. These crucial facilitation services are currently available in select cities across India, indicating a targeted and expanding operational footprint. Pickngo's role here is to enable, not directly perform, the delivery, thus connecting the various components of the supply chain.

VI. Modifications to Merchant T&C Pickngo reserves the unilateral right to modify, amend, or update these Merchant T&C, as well as any other related policies, at its sole discretion and without prior individual notice to Merchants. All such modifications will be communicated by posting the revised terms on the Platform and, where deemed appropriate, through direct communication channels such as email or other electronic means. Merchants bear the sole responsibility for regularly reviewing these updated terms to ensure their ongoing awareness and compliance. Continued utilization of the Platform or its Services subsequent to the effective date of any such changes constitutes an unequivocal acceptance of the revised terms and conditions. This clause highlights the dynamic nature of online terms and conditions and places the onus of staying informed on the Merchant.

VII. General Conditions a. Commercial/Contractual Terms Merchants are exclusively responsible for establishing and offering all commercial terms related to the products they list on the platform. These terms encompass, but are not limited to, the pricing of products, applicable taxes, shipping fees, accepted payment methods, precise delivery details, and crucial aspects such as product quality, any associated warranties, and after-sales services. Buyers, in turn, engage with the platform with the understanding that they are agreeing to these specific commercial terms as set forth by each individual Merchant. It is critical to note that Pickngo functions purely as a communication and facilitation platform; the actual contract for sale of goods is a bipartite agreement entered into directly and exclusively between the Merchant and the Buyer. Pickngo exerts no control over, nor does it dictate, any of these commercial terms, emphasizing its role as an intermediary rather than a party to the sales contract.

b. Representations and Warranties Pickngo explicitly disclaims all representations, guarantees, or warranties of any kind, whether express or implied, pertaining to the quality, fitness for a particular purpose, merchantability, or any other characteristic of the products that are sold or offered for sale by Merchants through the platform. This clause unequivocally states that Pickngo does not endorse, vouch for, or guarantee the integrity or nature of the goods transacted between Buyers and Merchants. The responsibility for product attributes lies solely with the Merchant.

c. Non-Performance and Breach Pickngo bears no responsibility or liability for any instance of non-performance, breach of contract, or any other dispute arising from agreements forged between Buyers and Merchants, Buyers and PDPs, or Merchants and PDPs. This explicit disclaimer covers a wide range of potential issues, including, but not limited to, situations where products are out-of-stock, unavailable, or on back-order. Furthermore, Pickngo provides no guarantee or assurance that either the Buyer or the Merchant will fully or partially fulfill their respective obligations within any given transaction. This underscores Pickngo's role as a platform provider, not a guarantor of transactional success or party to underlying contracts.

d. Marketplace Role Pickngo's operational identity is strictly that of an online marketplace and a facilitator. It does not, at any point, take legal title to the products that are listed and sold through its platform. Consequently, Pickngo assumes no direct obligations or liabilities arising from the contracts entered into between Merchants and Buyers. This comprehensive disclaimer extends to, but is not limited to, any product liability claims that may arise from the sale of goods through the platform. This reinforces Pickngo's position as a neutral intermediary, merely providing the digital infrastructure for commerce.

e. Complaints and Redressal In the event that Buyer complaints are lodged pertaining to the efficacy, quality, or any other aspect of products sold by Merchants, Pickngo's responsibility is limited to notifying the relevant Merchant about such grievances. Pickngo also reserves the right, at its sole discretion, to redirect the aggrieved Buyer to a consumer call center or any designated support channel established by the Merchant for direct resolution. The Merchant retains sole and absolute responsibility for the thorough investigation and satisfactory resolution of all such complaints. To facilitate this process, Pickngo may, when deemed necessary and appropriate, share relevant Merchant details with Buyers to enable direct communication and resolution, thereby upholding transparency while maintaining its intermediary role.

f. Dealings with Underage Persons Merchants explicitly acknowledge and agree that Pickngo bears no responsibility or liability whatsoever for any dealings, transactions, or interactions that may occur between Merchants and individuals who are underage or who may be acting under false pretenses regarding their identity or age. This clause places the sole responsibility on the Merchant to ensure compliance with age restrictions and to verify the legal capacity of transacting parties, thereby absolving Pickngo of any legal repercussions stemming from such interactions.

g. Platform Usage The Merchant’s entire use of and engagement with the Pickngo Platform, including all functionalities, features, and interactions, shall at all times be strictly governed by the comprehensive Terms of Use. These Terms of Use dictate the general conduct, acceptable practices, and prohibited activities for all users of the platform, ensuring a standardized and legally compliant environment for all participants.

h. Recommendations and Discounts Pickngo may, from time to time, leverage its data analytics capabilities and market insights to provide Merchants with strategic recommendations. These recommendations can pertain to various commercial aspects, including potential marketing campaigns, specific product categories that show high demand, and suggested discount structures. Any product discounts that are implemented as a result of such recommendations will be mutually agreed upon between Pickngo and the Merchant. Crucially, the Merchant retains absolute discretion to either follow or disregard Pickngo’s recommendations. This ensures that while Pickngo provides valuable data-driven insights, the ultimate commercial decisions and pricing strategies remain under the full control of the Merchant.

VIII. Terms and Conditions of Platform Services a. Product Display and Compliance Pickngo explicitly states that it does not guarantee any specific volume or number of Buyer orders. Merchants bear the sole and exclusive responsibility for the accurate, complete, and legally compliant display of their store details, product descriptions, and product images on the Platform. This includes, but is not limited to, strict adherence to all applicable regulations such as the Legal Metrology (Packaged Commodities) Rules, 2011, which govern the packaging and declaration of packaged goods, and the Food Safety and Standards (Labelling and Display) Regulations, 2020, which dictate the labeling requirements for food products. Pickngo's role is strictly limited to facilitating the display of content provided by the Merchant. It does not verify the accuracy, legality, or completeness of any such content. This places the entire burden of regulatory compliance and factual accuracy of product information squarely on the Merchant.

b. Delivery Facilitation Services Pickngo's role in the delivery process is strictly limited to facilitating the pick-up and delivery of orders through its network of independent Pick-up and Delivery Partners (PDPs). The PDPs themselves retain full autonomy and discretion in choosing the specific means and methods for performing their delivery services. It is crucial to understand that Pickngo provides only facilitation services for these logistics; it does not itself engage in or provide direct delivery services. Consequently, neither Pickngo nor the Merchant shall be held liable for any unauthorized actions, omissions, or misconduct committed by the PDPs during the course of their delivery duties. If, however, the Merchant chooses to undertake their own delivery services, bypassing Pickngo's facilitated network, then the Merchant explicitly assumes all related liabilities, risks, and responsibilities associated with such self-managed delivery operations. This distinction clearly delineates Pickngo's role in the logistical chain.

c. Misconduct by PDPs Pickngo explicitly disclaims any responsibility for misconduct or illegal activities perpetrated by Pick-up and Delivery Partners (PDPs). This includes, but is not limited to, acts such as theft, engagement in any illegal activities, or instances of vandalism. The contractual relationship between Pickngo and its PDPs is distinct from the relationship between Pickngo and the Merchants, and as such, the Merchant acknowledges that Pickngo is not liable for the independent actions of PDPs.

d. Service Area Determination Pickngo reserves the unilateral right to define and modify the geographical service areas within which its Platform Services, including delivery facilitation, are made available. This includes the ability to add new service areas or remove existing ones, at its sole discretion, based on operational considerations, logistical capabilities, or strategic decisions aimed at improving overall service efficiency. Furthermore, Pickngo retains the right to set maximum permissible delivery distances from Merchant locations. This ensures optimal logistical operations and helps manage delivery expectations, allowing Pickngo to fine-tune its service reach and maintain efficiency.

e. Disputed Orders Merchants shall bear full and sole responsibility for all costs, liabilities, and financial implications arising from "Disputed Orders." Disputed Orders are defined as instances where Buyers refuse payment, initiate chargebacks, or claim refunds due to issues directly attributable to the Merchant. Such issues may include, but are not limited to, Buyer dissatisfaction with the product, the delivery of expired products, or products deemed to be of inferior quality or not matching the description provided. This clause ensures that the financial burden for product-related customer dissatisfaction rests entirely with the Merchant, reinforcing their responsibility for product quality and customer service.

f. Information Accuracy and Updates Merchants are under a continuous obligation to diligently review and meticulously update all information they provide or display on the Platform. This includes, but is not limited to, product descriptions, pricing, availability, and any other details relevant to their offerings. This constant vigilance is necessary to ensure both legal compliance with all applicable laws and regulations and the accuracy of information presented to Buyers. Merchants must promptly inform Pickngo of any changes to their business details, product listings, or operational status. Pickngo shall not be held liable for any inaccuracies, omissions, or misrepresentations in product descriptions or other information that has been provided by the Merchant. The onus of accuracy and legal compliance of displayed content rests entirely with the Merchant.

g. Product Warranty/Guarantee Merchants are solely and exclusively responsible for fulfilling any and all product warranties or guarantees, whether express or implied, pertaining to the products they sell through the Pickngo platform. Pickngo explicitly states that it bears no responsibility, liability, or obligation whatsoever in relation to these warranties or guarantees. This clause clearly delineates that post-sale product support and any commitments made regarding product performance or longevity are the sole purview of the Merchant.

h. Merchant Personnel Behavior Merchants are contractually obligated to ensure that all their staff, employees, and representatives maintain a professional, respectful, and courteous demeanor when interacting with Pick-up and Delivery Partners (PDPs), representatives of Pickngo, and Buyers. Any instances of rude, abusive, or unprofessional conduct are strictly prohibited. Furthermore, Merchants are required to promptly report any behavioral issues or complaints regarding the conduct of PDPs or Pickngo representatives to Pickngo, enabling appropriate action to be taken. This clause underscores the importance of maintaining a positive and respectful environment across all interactions within the Pickngo ecosystem.

i. Overcharging Buyers In the event that Pickngo receives complaints from Buyers alleging overcharging for products or services, Pickngo reserves the right to conduct an immediate verification of such claims. Should the complaint be substantiated, Pickngo may, at its discretion, issue a refund of the excess amount directly to the Buyer. Any such refunded amount will then be deducted from future financial settlements due to the Merchant. This mechanism ensures fairness to Buyers and maintains the integrity of pricing on the platform, while allowing Pickngo to recover funds associated with verified overcharges.

j. Adherence to Pickngo Advisories Merchants are obligated to consistently stay updated on and strictly comply with all advisories issued by Pickngo pertaining to ancillary charges, service fees, or any other operational guidelines. This adherence is crucial for ensuring that Merchants follow best industry practices and maintain consistency within the Pickngo ecosystem. Failure to comply with such advisories may result in remedial actions by Pickngo, as outlined in other sections of these terms.

IX. Use of Trademarks and Brand Promotion Each Party (Pickngo and the Merchant) hereby grants the other Party a limited, non-exclusive, non-transferable, worldwide, and royalty-free license. This license permits the use of their respective trademarks, service marks, logos, trade names, and any related corporate or brand information solely for the purpose of promoting their collaborative relationship on the Pickngo Platform. Furthermore, Pickngo reserves the right to conduct brand promotion activities directly within Merchant outlets. Any such promotional activities within Merchant premises will be subject to a mutually agreed-upon compensation structure, ensuring that both parties benefit from the co-promotion efforts. This clause facilitates joint marketing and visibility while protecting each party's intellectual property.

X. Termination and Discontinuation of Services Pickngo reserves the unequivocal right to delist specific products, temporarily discontinue, or entirely terminate the provision of Services to a Merchant under various circumstances, primarily stemming from breaches of these terms or non-compliance with applicable regulations. Such circumstances include, but are not limited to: repeated or severe Buyer complaints regarding product quality, significant breaches of key legislative acts such as the Information Technology Act, 2000, the Food Safety and Standards Act, 2006, the Legal Metrology Act, 2009, the Drugs and Cosmetics Act, 1940, or the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or any other relevant national or local laws. Termination can also occur due to consistent misbehavior towards Pickngo representatives, the unauthorized inclusion of competitor materials within Buyer orders, or any other substantial violation of these Merchant T&C. Pickngo explicitly retains the sole discretion to determine whether and when to resume services after such a suspension or termination, based on corrective actions taken by the Merchant and its internal review.

XI. Immediate Delisting of Non-Compliant Products Pickngo reserves the right to immediately and without prior notice delist any product offered by a Merchant if, in Pickngo's sole discretion, that product is found to be in non-compliance with any applicable laws, regulations, or industry standards. This swift action capability is vital for maintaining the legality, safety, and integrity of the products offered through the platform, protecting both Buyers and Pickngo from legal exposure.

XII. Non-Exclusivity of Services All Services provided by Pickngo on the Platform are offered on a strictly non-exclusive basis. This explicitly means that Pickngo is free to offer identical or similar services to any other merchants, individuals, or entities, including those who may be direct competitors of the Merchant. Similarly, Merchants are not restricted from utilizing other platforms or engaging in similar business activities outside of their relationship with Pickngo. This clause reinforces the open marketplace model and prevents any claims of exclusivity by either party.

XIII. Modification of Categories Pickngo retains the full and absolute right to introduce new product categories, withdraw existing ones, or modify any aspect of the current product categories offered on the Platform. This includes the ability to attach specific terms, conditions, or limitations to these categories as deemed necessary for operational efficiency, market responsiveness, or compliance purposes. This flexibility allows Pickngo to adapt its platform offerings to changing market demands and regulatory environments.

XIV. Account and Registration Obligations Merchants bear the paramount responsibility for maintaining the strict confidentiality of their login ID and password. Any unauthorized use of a Merchant's account due to a breach of this confidentiality shall be the sole liability of the Merchant. Furthermore, all information provided by the Merchant during the registration process and throughout their use of the Platform, including but not limited to business details, contact information, and product specifics, must be consistently true, accurate, updated, and complete. Pickngo reserves the explicit right to suspend, temporarily block, or permanently terminate a Merchant's access to the Platform if any information provided is found to be inaccurate, incomplete, or misleading. The Merchant's registration on the Platform is strictly non-transferable and is intended solely for their personal or business use, as applicable, without the right to assign or sublicense their account to any third party.

XV. Communications By using the Merchant interface, engaging with the broader Pickngo Platform, or otherwise communicating with Pickngo through any means, Merchants hereby grant their explicit consent to receive electronic communications periodically. These communications may include, but are not limited to, transactional updates, service announcements, promotional offers, and important notices. Such communications may be delivered via various electronic channels, including email, in-app notifications, or other electronic or non-electronic means deemed appropriate by Pickngo. This consent ensures that Pickngo can effectively communicate essential information to its Merchants.

XVI. Pickngo Partner App and Usage Merchants are granted access to and the right to utilize the Pickngo Partner App, which serves as the primary interface for managing their operations on the platform. In certain instances, Pickngo may, at its discretion, issue pre-installed handheld devices to Merchants for optimal integration. It is an explicit requirement that Merchants consistently maintain a functional device with the Pickngo Partner App installed and operational. This device and app are essential for receiving and confirming orders, providing accurate delivery estimates to Buyers, and managing their operational status. Merchants are strictly prohibited from using alternative communication methods to circumvent the formal order confirmation or decline process within the App, especially if an order is declined. Direct communication with Pickngo operators via phone, email, or SMS is required for support and specific queries, but not for core order management if an official channel exists. Furthermore, Merchants are obligated to actively manage and update their real-time stock levels, inventory availability, and outlet operating hours within the App to ensure accurate information is presented to Buyers.

XVII. Disclaimer Pickngo explicitly states that it provides its Platform Services on a "best-effort basis." This means that while Pickngo strives to ensure optimal functionality and availability, it is not liable for service failures or disruptions that are beyond its reasonable control. To the fullest extent permissible by applicable law, Pickngo, along with its affiliated entities, officers, directors, employees, and agents, explicitly disclaims all warranties, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Pickngo makes no representations or warranties concerning the accuracy, completeness, or reliability of any content displayed on the Platform or on any third-party websites linked to the Platform. Pickngo assumes no liability for any errors, inaccuracies, omissions, or misstatements present within the content. Furthermore, it disclaims responsibility for any personal injury, property damage, or any nature of damage whatsoever, resulting from the Merchant's or Buyer's access to and use of the Platform. This extends to liability for any unauthorized access to Pickngo's secure servers and/or any personal or financial information stored therein, any interruption or cessation of service transmitted to or from the Platform, or any bugs, viruses, Trojan horses, or other malicious software that may be transmitted through the Platform by any third party. Pickngo also disclaims any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Platform.

Pickngo explicitly disclaims all liability for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, any deficiencies in orders that are solely attributable to the Merchant's actions or inactions. This also covers technical errors, delays, or inaccuracies caused by the Merchant, omissions, or any other malfunctions of the Platform.

It is acknowledged that the Platform may undergo periodic upgrades, and consequently, some functionalities may not be fully operational at all times. Delays, omissions, or inaccuracies may occur in the content or functionality due to the inherent nature of electronic distribution and the reliance on information derived from multiple sources. Pickngo does not represent or warrant that all information displayed on the Platform is correct, complete, or up-to-date. Pickngo expressly disclaims any liabilities arising from the unauthorized use of credit/debit cards or other payment instruments. While third-party services may be available or integrated within the Platform, and Pickngo may partner with such providers, Pickngo makes no warranty or representation regarding the quality, suitability, or reliability of their services or products and is not liable for any consequences or claims arising from the use of such third-party services. Users explicitly waive any and all rights and claims against Pickngo concerning services or products provided by third parties, Merchants, or PDPs. Pickngo further disclaims all liability for any violations of applicable laws related to products and services offered by Merchants or PDPs. While materials on the Platform aim for accuracy, Pickngo makes no guarantees, representations, or warranties regarding the professional qualifications, expertise, or quality of work of any Merchant or service provider. Pickngo does not endorse any specific services or products described on the Platform and is not liable for any decisions or actions taken by Users based on such information.

Pickngo is not responsible for any Buyer expectations not being met by Merchant or PDP services or goods, or for any loss, harm, or damage incurred as a result thereof. It is not responsible for product availability, incorrect orders, or any product liability claims concerning goods sourced from Merchants. Pickngo is not responsible for any liabilities arising from delivery services provided by PDPs. Delivery times displayed are approximate estimates, and Pickngo is not responsible for any delays in delivery. If Merchants undertake their own delivery services, they are solely in control of and liable for such operations, and any disputes are solely between the Buyer and the Merchant. Orders will only be delivered to the designated address provided by the Buyer; changes in the delivery address after order placement may result in order cancellation without refund. Any changes to delivery locations are subject to the acceptance of the PDP or Pickngo’s sole discretion. Buyers must provide adequate directions, information, and authorizations to enable delivery; non-delivery due to the Buyer’s act or omission means the goods are deemed delivered, with full risk transferring to the Buyer without refund. Pickngo’s liability ends once the order is delivered, except for any Merchant product liability. Buyers must provide correct and accurate credit/debit card details for payment and must use their own credit/debit card. Such information is not shared with any third parties unless required for fraud verification or by law. Buyers are solely responsible for the security and confidentiality of their card details; Pickngo disclaims liabilities from unauthorized card use. Pickngo does not offer refunds for purchased goods or services unless an error directly attributable to Pickngo occurred. Services are provided only during Merchant and PDP working hours. Users grant permission to Pickngo for promotional SMS and emails; an opt-out option is available by emailing support@Pickngo.in.

Order Booking and Financial Terms The Platform fundamentally enables Buyers to place Orders for products or services offered by Merchants. Upon successful acceptance of an Order by the relevant Merchant, Pickngo's role expands to facilitating the subsequent delivery of these ordered items, either through its network of Pick-up and Delivery Partners (PDPs) or by coordinating the completion of the requested task. It is crucial to reiterate that Pickngo does not, at any point, own, sell, or resell the products offered by Merchants; nor does it exercise direct control over the Merchants themselves or the specific services they provide. Orders placed through the Platform are always subject to various terms and conditions, including, but not limited to, the availability of the product, the serviceability of the Buyer's location, and the final acceptance of the order by the Merchant and/or a PDP. Generally, orders and the associated delivery services are confirmed upon successful processing. Pickngo reserves the right to contact Buyers via phone to confirm order details, pricing, and estimated delivery/pick-up times, and may require additional Buyer information for this purpose. Buyers are responsible for promptly pointing out any incorrect details to Pickngo. Pickngo may also contact Buyers to communicate any changes to an order, which could arise due to product availability issues, unavailability of certain items, or price changes initiated by the Merchant; such changes, once communicated and accepted by the Buyer, are considered final. Furthermore, Pickngo reserves the right, at its sole discretion, not to process any order that it deems suspicious or potentially fraudulent.

XVIII. Intellectual Property a. Ownership of Intellectual Property: Each Party to this agreement explicitly retains full and complete ownership of their respective intellectual property (IP) rights. This encompasses, but is not limited to, their distinct trade names, service marks, proprietary inventions, all forms of copyrights, confidential trade secrets, and registered or pending patents. These Merchant T&Cs do not, by implication or otherwise, grant any license or right to use either Party’s intellectual property, except where such a grant is expressly and specifically provided within the terms of this agreement. In the event that a third party asserts a claim of intellectual property infringement directly related to content provided or displayed by the Merchant on the Platform, the Merchant shall be solely responsible for the thorough investigation, defense, settlement, and ultimate resolution of such a claim. Pickngo will not be involved in the defense or financial resolution of such disputes.

b. Respect for Third-Party Intellectual Property Rights: Pickngo operates under a stringent ‘IP Notice and Take Down Policy,’ which is designed to promptly address and manage instances of alleged intellectual property infringement concerning listings on its Platform. This policy is fundamental to maintaining trust and integrity within the marketplace. It is important to note that Pickngo does not proactively verify the rights or licenses of Merchants to sell, distribute, or display any listed products. However, upon receiving a legitimate and authorized report of intellectual property infringement from a rights holder, Pickngo will take swift action to remove the infringing listing(s) from the Platform. This reactive approach ensures that while Pickngo does not pre-screen all content, it is committed to addressing valid infringement claims efficiently.

XIX. Notice a. Notices to Pickngo: All formal notices required or permitted under these Merchant T&Cs, intended for Pickngo, must be sent exclusively by electronic mail to the designated email address: support@pickngo.in. This ensures that all official communications are received and properly recorded by Pickngo's support channels.

b. Notices from the Merchant to Pickngo: Merchants wishing to raise specific issues, particularly those concerning collection discrepancies or financial settlements, are required to do so by sending an email to partnersupport@pickngo.in. Pickngo commits to resolving such issues through mutual discussion and agreement, aiming for a resolution within a timeframe of fifteen (15) days from the date of receiving the Merchant's notice.

c. Notices from Pickngo to the Merchant: Pickngo may, at its discretion, issue formal notices to the Merchant through various reliable channels. These methods include, but are not limited to, dispatch via registered post, courier service, direct hand delivery, notification through the Pickngo Partner App, or transmission to the email address and/or mobile number that has been officially registered with Pickngo by the Merchant. This multi-channel approach ensures that critical communications reach the Merchant effectively.

XX. Force Majeure In the event that the performance of obligations by either Party under these Merchant T&C is prevented, hindered, or delayed due to the occurrence of "Force Majeure Conditions," the affected Party shall not be held liable for such non-performance or delay. Force Majeure Conditions are defined as unforeseen events or circumstances beyond the reasonable control of the affected Party, including, but not limited to, Acts of God (e.g., natural disasters like earthquakes, floods, severe storms), Man-Made Events (e.g., war, terrorism, civil unrest, strikes, widespread industrial disputes, power outages, failures of public utilities or telecommunications networks), or Other Unforeseen Events (e.g., fires, epidemics, pandemics, government restrictions, embargoes, changes in law, or other similar circumstances). The Party experiencing the Force Majeure event must provide prompt written notification to the other Party, specifically within twenty-one (21) days of the commencement of such a condition, detailing the nature of the event and its anticipated impact on their obligations. The affected Party will then be excused from the performance of the specific obligations so delayed or prevented for the duration of the Force Majeure period, without incurring liability for such non-performance or delay. However, it is explicitly stated that any obligations that accrued prior to the onset of the Force Majeure event shall remain fully enforceable and must be fulfilled once the Force Majeure condition ceases. This clause provides a crucial safeguard for both parties against unpredictable and uncontrollable external events.

XXI. Anti-Bribery Both Parties to this agreement acknowledge and commit to upholding the highest standards of ethical conduct. Should either Party become aware of any instance where a benefit (whether in the form of cash, gifts, favors, or any other kind of advantage) has been offered or provided with the intent to secure a transaction or influence a decision, to any officer, employee, or associate of the other Party, they are obligated to immediately notify the other Party. Upon such notification, both Parties shall promptly collaborate to determine the appropriate course of action, which may include investigations, disciplinary measures, or legal remedies. Notifications pertaining to potential bribery incidents concerning Pickngo can be made by sending an email to support@pickngo.in, ensuring a designated channel for reporting such serious violations.

Additional User Terms of Use and Prohibited Conduct Users of the Pickngo Platform, which includes both Merchants and Buyers, are strictly prohibited from engaging in certain conduct that undermines the integrity, security, or ethical operation of the platform. Specifically, users must not, under any circumstances, utilize another person's account information or attempt to impersonate any individual or entity. Impersonation includes, but is not limited to, using false names, email addresses, or other identifying information. Furthermore, users are expressly forbidden from engaging in antisocial, disruptive, or destructive acts. This encompasses a range of online misconduct, such as "flaming" (posting hostile or insulting messages), "spamming" (sending unsolicited bulk messages), "flooding" (sending a large amount of messages to disrupt service), "trolling" (posting inflammatory or off-topic messages to provoke a response), or "griefing" (harassing or annoying other users).

A particularly crucial prohibition is against discrimination. Users are strictly forbidden from discriminating against Merchants, Buyers, or Pick-up and Delivery Partners (PDPs) based on any unlawful metric. This includes, but is not limited to, discrimination based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic protected by law. Pickngo takes such violations very seriously; credible and verifiable proof of any such discriminatory behavior may lead to immediate and irreversible loss of access to the Platform. In such instances, the offending user will have no claim or recourse against Pickngo for any liability arising from the termination of their access.

A comprehensive list of specifically prohibited activities on the Pickngo Platform includes:

Engaging in or promoting gambling or any illegal gambling activities.
Interfering with or disrupting other users’ ability to enjoy the Platform or similar services provided by Pickngo or its partners.
Referring to, linking to, or promoting inappropriate websites or content that violates the spirit or letter of these Terms of Use, including content that is offensive, harmful, or unlawful.
Acts intended to harm minors in any way, including the sharing of inappropriate content or soliciting personal information from minors.
Infringing upon any intellectual property rights (including copyrights, trademarks, patents) or trade secrets of Pickngo or third parties, or violating the public or privacy rights of others.
Engaging in fraudulent activities of any kind, or the sale of counterfeit or stolen products.
Violating any current local, national, or international law, regulation, or ordinance.
Deceiving or misleading any user about the origin of a message or transmitting any information that is grossly offensive, menacing, or otherwise inappropriate.
Further instances of impersonating another person or entity.
Introducing or containing software viruses, worms, Trojan horses, time bombs, cancelbots, easter eggs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.
Including malicious routines that damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information.
Content that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order; or incites the commission of any cognizable offense; or prevents investigation of any offense; or is insulting to any other nation.
Any information that is false, inaccurate, or misleading in nature.
Directly or indirectly offering, attempting to offer, trading, or attempting to trade in any item or service that is prohibited or restricted under any applicable law, rule, regulation, or guideline for the time being in force.
Creating any liability for Pickngo or causing Pickngo to lose (in whole or in part) the services of its internet service providers or other suppliers.

Users are expressly forbidden from utilizing "deep-link," "page-scrape," "robot," "spider," or any other automated device, program, algorithm, methodology, or any similar manual process to access, acquire, copy, or monitor any portion of the Platform or any content. This prohibition also extends to reproducing or circumventing the navigational structure or presentation of the Platform or any content, or obtaining or attempting to obtain any materials, documents, or information through any means not purposely made available through the Platform. Pickngo reserves the unqualified right to prohibit any such activity. Users shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform, by hacking, "password mining," or any other illegitimate means. Users shall not probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform, or any other customer of Pickngo, to reveal any personal information, including but not limited to identification or personal information, other than their own information, as provided for by the Platform.

Pickngo expressly reserves the right, but does not undertake the obligation, to monitor the materials posted on the Platform. Pickngo shall have the right to remove or edit any content that, in its sole discretion, violates applicable law or the spirit or letter of these Terms of Use. Notwithstanding this right, users remain solely responsible for the content of the materials they post on the Platform and in their private messages. Pickngo is not responsible for any content posted by users or for any claims, damages, or losses resulting from the use of such content. Users warrant that they possess all necessary rights to all content they provide and that such content does not infringe upon any third-party rights or contain any libelous, defamatory, or otherwise unlawful information. User dealings with advertisers and/or sponsors found on the Platform are solely between the user and the advertiser/sponsor; Pickngo is not responsible for any loss or damage incurred as a result of such dealings. Users acknowledge that by using the Platform, they may be exposed to content from other users that is deemed offensive, indecent, or objectionable, and that other users (including unauthorized users or "hackers") may obtain personal information about them. Pickngo does not approve of such unauthorized uses and is not responsible for any personal information that is publicly disclosed or shared. Pickngo further reserves the right to take appropriate legal action and claim damages from any user involved in Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks, hacking attempts, or penetration testing attempts against the Platform without prior explicit consent and agreement.