Pinga Terms & Conditions of use

Disclaimer

Pinga is a local shop marketplace, provided by Proximize Ltd.

Pinga allows customers (“Customers”) to order items from nearby shops and for local people (“Pinga Partners”) to get paid for buying the items and delivering them to Customers.

 

Pinga Terms Of Use

Introduction

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

Any use you make of our website located at www.pinga.co.uk (the “Site”) will also be subject to these Terms of Use.

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

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

 

About us and how to contact us

Pinga is a technology platform, accessed through the Apps and/or our Site. It enables Customers to engage the services of Pinga Partners for the collection and delivery of items, such as supermarket items.

The Apps and our Site are operated and owned by Proximize Ltd. We are a limited company registered in England and Wales under company number 10465126 and have our registered office at 2 Bath Place, Rivington Street, London, EC2A 3DR.

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

 

Disclaimer

Pinga does not provide any collection or delivery services itself; we provide the platform that connects Customers and allows them to be introduced to Pinga Partners. Any contract for the provision of collection and delivery services is between the Customer and the Pinga Partner (and not Pinga).

We do not employ Pinga Partners and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Pinga Partners you engage through the Apps or our Site or the quality of the services they provide.

The Customer App allows you to engage the services of a Pinga Partner for the collection of items from third parties, including shops (“Vendors”) from whom the relevant item(s) must first be purchased. Pinga does not necessarily have any commercial connection, affiliation, link, relationship or other connection with the Vendors.

 

Use of the Apps and our Site

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

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

 

Changes to these Terms of Use and updates

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

These Terms of Use were last updated in February 2021.

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

 

Accessing the Apps and our Site

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

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

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

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

 

Registration and security: Customer App

If you wish to use the Customer App, you must sign up using the in-app registration process.

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

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

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

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

 

Items collected by Pinga Partners for you

If any item(s) to be collected by a ‘Pinga Partner’ at your request must first be purchased from a Vendor, you agree to pay the amount specified in the Customer App for the items, the delivery fee and the any service fee (collectively the “Total Cost of Order”). The Total Cost of Order will be pre-authorised to your payment method, and charged in full when you receive the item(s) in accordance with the provisions of these Terms of Use relating to pricing and payment set out below.

You agree that the contract of sale in relation to such item(s) is made between you and the Pinga Partner; it is not with us. The Pinga Partner is responsible for delivering the item(s) to you in the condition he or she bought them in, within reason (recognising for example that a hot coffee may have cooled slightly by time of delivery). However the Pinga Partner is not responsible for the manufacturing quality of the item(s) and neither we nor the User are responsible for (and make no representations, warranties or guarantees as to) the quality or fitness for purpose of the item(s).

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

You accept all personal liability risk during the delivery of the item(s). You agree we cannot be held responsible for any physical or mental harm that you receive during the completion of the task.

You agree that we are not responsible for any actual or perceived financial loss you incur during the completion of the task, although we will make reasonable endeavours to assist with any problems you have experienced.

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

 

Pricing and payment

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

By entering your payment details you agree to the Stripe Terms & Conditions of use, which can be found here https://stripe.com/en-gb/ssa .

 

Intellectual Property Rights

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

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

 

Your liability to us

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

 

Limitation of our liability

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

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

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

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

 

We will not under any circumstances be liable for:

the behaviour, acts or omissions of any Pinga Partners or Customers you engage through the Apps or our Site or the quality of the services they provide;

the quality or fitness for purpose of any item(s) collected by a Pinga Partner at your request;

the failure by a Vendor to supply, or to allow the Pinga Partner allocated to you to collect, your item(s); or

any loss or damage caused by any bug, virus or other technologically harmful material that may infect your information technology (including your Mobile Device), data or other proprietary material due to your use of the Apps or our Site or your downloading of any content on any website linked to them.

 

Nothing in these Terms of Use:

excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by English law; or

is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Restrictions on use of the Apps

 

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

not to copy the Apps or our Site except where such copying is incidental to normal use of the Apps or our Site or where it is necessary for the purpose of back-up or operational security;

not to sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the Apps or our Site;

not to permit the Apps, our Site or any part of them to be combined with, or become incorporated in, any other programs;

not to access without authority, interfere with, damage or disrupt any part of the Apps or our Site, any equipment or network on which the Apps or our Site is stored, any software used in the provision of the Apps or our Site or any equipment or network or software owned or used by any third party;

not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Apps or our Site or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the Apps or our Site with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the Apps or our Site with another software program; (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and (iii) is not used to create any software that is substantially similar to the Apps or our Site; and

not to provide or otherwise make available the Apps or our Site in whole or in part (including object and source code) in any form to any person without prior written consent from us.

 

Provision of Free Credit

From time to time we provide promotional free delivery codes.

We reserve the right to withdraw any provided free credit at our discretion for reasons including, but not limited to: (i) elapsed time since issue of the code; (ii) using codes that were clearly intended for other users; or (iii) systematically obtaining and entering codes for prolonged periods with the intention of not paying for delivery of items or completion of services.

In extreme cases we reserve the right to suspend or terminate access to the Customer App if we believe You are deliberately exploiting the free credit system to avoid paying delivery fees.

  

Acceptable use of the Apps and our Site

You must:

use the Apps in good faith and fully complete any task before marking a task as complete. You must not attempt to use the Apps fraudulently for the purposes of making money or receiving free goods or serves. If attempts to use the Apps fraudulently are detected Proximize Ltd. reserves the right to immediately suspend access to the Apps and to cancel any payments;

not attempt or offer to make or receive a cash payment for a task. All payments must be made in full via our in-build payment service;

not use the Apps, our Site or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Apps, our Site, the Service or any operating system;

not use the Apps or our Site to arrange for the collection and delivery of any item that is dangerous and/or illegal;

comply with any terms of service that apply between you and any Pinga Partners or Taskers you engage through the Apps and/or our Site;

not access the Apps or our Site using another person’s log-in details;

not infringe our intellectual property rights or those of any third party in relation to your use of the Apps, our Site or the Service, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);

not use the Apps, our Site or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

not collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

 

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

be defamatory of any person;

be obscene, offensive, hateful, inflammatory or otherwise objectionable;

promote violence or sexually explicit material;

promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

infringe any copyright, database right or trade mark of any other person;

be likely to deceive any person;

be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of the Apps or our Site;

be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;

be likely to harass, upset, embarrass, alarm or annoy another person;

be used to impersonate any person or to misrepresent your identity or affiliation with any person; or

give the impression that they emanate from us, if that is not the case.

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

 

Suspension and termination

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

 

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

immediate, temporary or permanent withdrawal of your right to use the Apps and/or our Site;

issue of a warning to you;

legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

further legal action against you; and

disclosure of such information to law enforcement authorities as we feel is reasonably necessary.

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

 

If we withdraw your right to use the Apps and/or our Site:

all rights granted to you under these Terms of Use shall cease;

you must immediately cease all activities authorised by these Terms of Use, including your use of the Service; and

you must immediately delete or remove the Apps from all Mobile Devices.

 

Links to third party websites and resources

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

 

Events outside our control

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

 

Other important terms

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

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

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

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

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

 

Applicable law

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

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

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

 

Your responsibilities as a Pinga Partner

This section only applies if you have applied to become a Pinga Partner and have received a username and password to use the Pinga Partner App. This only takes place when you have completed our training and onboarding process.

You will provide original and valid versions of the following documents before you can become a Pinga Partner:

  • Right to work in the UK
  • Proof of address
  • Proof of identity – passport or driving license
  • Disclosure and Barring Service (DBS) certificate (Basic DBS check and above)

If at any time any of these documents are due to expire you will provide updated version(s) before they expire.

By entering the username and password we provide you into the Pinga Partner app, you agree to the following terms and conditions:

  • The Pinga Partner app gives you the opportunity to accept, complete and get paid for Customer Orders.
  • You confirm you are a self-employed supplier.
  • As a Pinga Partner you are free to work for such third parties as you choose.
  • Pinga is not obliged to make available any minimum amount of work to you and you are not obliged to perform any minimum amount of work.
  • It is your responsibility to log on to the Pinga Partner App and to accept any orders that you wish to accept.
  • You will ensure that you accept and complete Customer orders in accordance with the performance standards you agreed to during your onboarding training.
  • You will supply an Android or iOS smartphone and ensure that it is sufficiently charged and enables you to access voice and data services at the times when you have accepted and are completing a Customer order.
  • You will download and install the Pinga Partner App and will also apply all new versions as required by Pinga.
  • You will supply your own zero carbon dioxide emissions vehicle for the purposes of accepting and completing Customer orders. You will ensure that at all times your vehicle is clean, in a good state of repair, and roadworthy, covered by any required current MOT certificate, and where appropriate has up-to-date road tax.
  • You will at all times ensure a safety helmet is worn and in a good state of repair when completing Customer orders by bicycle or scooter.
  • If you are using a scooter or car, you will hold and will continue to hold a valid driver’s license which permits you to drive in the UK.
  • You confirm you are not registered for VAT and will notify Pinga if this changes.
  • You may, without the need to obtain Pinga’s prior approval, arrange with another registered Pinga Partner for them to deliver a Customer order on your behalf. In such event you acknowledge that this will be a private arrangement between you and that individual and you will bear full responsibility for ensuring the Customer order is delivered to the standards you agreed to during your onboarding training. You’ll ensure the individual is fully remunerated on your behalf.
  • You will obtain at your own cost appropriate insurance which shall be valid when you are completing any Pinga Customer order.
  • Pinga will pay you a variable amount for each completed Customer order. The amount we pay will be clearly indicated in the Pinga Partner app before you accept the Customer order.
  • You may keep any tips you receive from Pinga Customers.
  • You accept all personal liability risk during the delivery of the item(s). You agree we cannot be held responsible for any physical, mental or any other harm that you receive during the completion of the task.
  • If the Customer has requested any age restricted items (e.g. alcohol or tobacco), it is your responsibility to ask for proof of age when you deliver the item(s) if you believe they look under 25 years of age. If they cannot provide acceptable photographic ID then you must not deliver the item(s) to the Customer and record the outcome in the Pinga Customer App.
  • You agree that the contract of sale in relation to item(s) purchased is made between you and the Customer; it is not with us. Once you have given the item(s) to the Customer, and they have paid you, the contract of sale becomes with the Customer and the Vendor.