Pinga Terms & Conditions of use
Pinga is peer to peer market place for small tasks provided by Proximize Ltd.
Pinga brings members of the public together so they can agree a price for goods and services. We are not endorsed by them, nor do we have any commercial relationship with them.
About us and how to contact us
Pinga is a technology platform, accessed through the App and/or our site, that connects users (such as you) with other users. It enables you to engage the services of another user for the collection and delivery of items, such as supermarket items or small tasks, such as household odd jobs.
The App 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 1st Floor, Sackville House, 143-149 Fenchurch Street, London, EC3M 6BL.
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 email@example.com 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.
Pinga does not provide any collection or delivery services itself; we simply provide the platform that connects Users and allows them to be introduced. Any contract for the provision of collection and delivery services is between you and the relevant User (and not Pinga) and it is up to the User to perform any collection and delivery services you request through the App or our site.
The App and our site allow you to engage the services of a User for the collection of items from third parties, including Vendors from whom the relevant item(s) must first be purchased. Unless otherwise specified in the App or on our site, Pinga does not have any commercial connection, affiliation, link, relationship or other connection whatsoever with any Vendors, and Pinga has not obtained any express or implied endorsement, consent or authorisation whatsoever from any Vendors in relation to the facilitation of collection and delivery services in respect of items sold by those Vendors.
Use of the App and our site
We may (but are under no obligation to) update the App, our site and/or the content on them from time to time. Any update to the App 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 App and, if you are requested to do so, accepted any new terms.
Accessing the App and our site
The App is made available free of charge and you may download the App onto any number of Mobile Devices.
We make no representations, warranties or guarantees, whether express or implied, that the App, 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 App and our site is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the App and/or our site without notice. We will not be liable to you if, for any reason, the App or our site is unavailable at any time or for any period.
Registration and security
If you wish to use the App or certain parts of our site, you must sign up using your Facebook or Instagram account.
You must not: (i) sign up or register using a Facebook or Instagram account other than your own; (ii) use someone else’s Facebook or Instagram account or log-in details to access the App or our site; or (iii) allow any third party to access the App or our site using your Facebook or Instagram account or log-in details. If you know or suspect that anyone other than you is using or accessing the App or our site using your Facebook or Instagram account or log-in details, you must promptly notify us at firstname.lastname@example.org.
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 email@example.com and change your password.
You are responsible for all acts and omissions of any third parties who use or access the App or our site using your Facebook or Instagram account or 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.
Items collected by another Pinga User for you
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.
It is your responsibility to review the profile and previous task rating of the Pinga Partner before task them and agree the task. In doing so 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).
Items delivered by you to another User
If you accept a task request from another User (a Tasker) you become a ‘Pinga Partner’ for the duration of the task. It is the responsibility of a Pinga Partner to clarify the task request and understand exactly what item(s) the Tasker wants and the condition they should be received in. You should also confirm approximately how long it will take to deliver the item.
You must always request a receipt for the item(s) from the vendor, and pass this receipt to the Tasker when you deliver the item.
It is your responsibility to advise the Tasker of the true and accurate cost of the items by making price proposals in the app. If you wish to add an additional fee for a task, for example for a particularly long task, you must clearly state this in the chat before adding it to the price proposal.
It is your responsibility to review the profile and previous task rating of the Tasker before you accept the task and deliver the item(s). In doing so 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.
You agree that we are not responsible for any actual or perceived financial loss you incur during the completion of the task, with the exception of when the Tasker does not pay you for the completed task when it is reasonable to do so. If you believe the Tasker did not pay you for the completed task when it was reasonable to do so you should email firstname.lastname@example.org explaining the circumstances and we will review the case and if necessary refund you. You must attach an electronic copy the receipt(s) relating to your purchase.
You agree that the contract of sale in relation to item(s) purchased is made between you and the Vendor; it is not with us. Once you have given the item(s) to the Tasker, and they have paid you, the contract sale becomes with the Tasker and the Vendor.
If the Tasker 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 Pinga Partner. Instead, please email email@example.com , with a photo of the receipt, briefly explaining the circumstances and you will receive a full refund for your purchase.
Pricing and payment
When you first use the App or our site to request the services of a Pinga Partner, or to make yourself available as a ‘Tasker’, 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 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).
If you request the services of a Pinga Partner, payment will be taken automatically and processed by our third party payment service provider after you tap the ‘Accept delivery and pay’ button using the card details previously provided by you.
By entering your payment details you agree to the Stripe Terms & Conditions of use, which can be found here [enter hyperlink].
The amount a Tasker will pay for use of the Service and the services of any Pinga Partner you request through the App or our site will comprise: (i) the actual price (if any) paid by the Driver on your behalf for the item(s) (if applicable); (ii) a service fee agreed with the Pinga Partner (if applicable).
The amount a Pinga Partner will be paid for completing services on behalf of a Tasker will comprise: (i) the actual price (if any) paid by the Tasker on your behalf for the item(s) (if applicable); (ii) a service fee agreed with the Tasker (if applicable); (iii) minus a 0.5% bank transfer fee to your account levied by Stripe
Order process and cancellation
If you decide to cancel the services of a Pinga Partner once you have agreed a final price via the App you may do so by tapping the cancel button, however by doing so you accept that you must pay a cancellation fee, and if the Pinga Partner has already incurred costs you will be liable for paying these costs to the Pinga Partner.
Intellectual Property Rights
You acknowledge that you have no right to have access to the App or our site in source code form.
Your liability to us
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 App 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 App, our site or any content on them, whether express or implied.
You may only use the App and/or our site for domestic and private use. You agree not to use the App 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 Taskers you engage through the App 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 App or our site or your downloading of any content on any website linked to them.
- 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 App
- not to copy the App or our site except where such copying is incidental to normal use of the App 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 App or our site;
- not to permit the App, 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 App or our site, any equipment or network on which the App or our site is stored, any software used in the provision of the App 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 App 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 App 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 App 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 App or our site; and
- not to provide or otherwise make available the App 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.
Acceptable use of the App and our site
- use the app in good faith and fully complete any task before marking a task as complete. You must not attempt to use the app fraudulently for the purposes of making money or receiving free goods or serves. If attempts to use the app fraudulently are detected Proximize Ltd. reserves the right to immediately suspend access to the app and to cancel any payments.
- not use the App or our site to arrange for the collection and delivery of any item that is dangerous and/or illegal;
- not use the App or our site to arrange for collection, delivery or to anyway get involved in any of the following activities, goods or services:
- Adult content and services
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory
- Artifacts, grave-related items, and Native American arts and crafts bail bonds
- Catalytic converters and test pipes
- Cell phone (wireless) service contracts
- Controlled substances including drugs and drug paraphernalia
- Counterfeit currency and stamps Counterfeit or unauthorized goods
- Credit cards
- Electronics equipment – examples include cable TV de-scramblers, radar scanners, and traffic signal control devices
- Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
- Embargoed goods and prohibited countries
- Event tickets
- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
- Gift cards
- Government documents, IDs, and licenses
- Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms
- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
- Human remains and body parts
- International trading
- Intellectual property or proprietary rights infringement (Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; any product or service that directly infringes or facilitates infringement upon the trademark, patent, copyright, trade secrets, or proprietary or privacy rights of any third party)
- Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
- Lockpicking devices
- Lottery tickets
- Mailing lists and personal information
- Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
- Military items (see also firearms, weapons, and knives)
- Mortgage consulting or debt reduction services; credit counselling or repair;
- Multi-level marketing, pyramid, and matrix programs
- Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
- Plants and seeds
- Police-related items
- Political memorabilia (reproduction)
- Prescription drugs
- Prohibited services
- Pseudo pharmaceuticals (Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory)
- Sexual or adult only services of any kind
- Social media activity (Sale of Twitter followers, Facebook likes, YouTube views, and other forms of social media activity)
- Substances designed to mimic illegal drugs (Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
- Real estate
- Recalled items
- Slot machines
- Stocks and other securities
- Stolen property
- Surveillance equipment
- Video game or virtual world credits (Sale of in-game currency unless the merchant is the operator of the virtual world)
- Virtual currency that can be monetized, resold, or converted to physical or digital products and services or otherwise exit the virtual world (e.g., Bitcoin); sale of stored value or credits maintained, accepted and issued by anyone other than the seller
- comply with any terms of service that apply between you and any Pinga Partners or Taskers you engage through the App and/or our site;
- not access the App or our site using another person’s Facebook or Instagram account or log-in details;
- not use the App, 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 App or our site (for example, when using the App’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 App 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 App 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 App or our site.
Suspension and termination
You may terminate the legal agreement between us at any time by emailing firstname.lastname@example.org . By doing so we reserve the right to suspend your use of the App.
- immediate, temporary or permanent withdrawal of your right to use the App 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.
If we withdraw your right to use the App and/or our site:
- you must immediately delete or remove the App from all Mobile Devices.
Links to third party websites and resources
The App 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
Other important terms
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.