Terms and Conditions

Introduction

This page sets out the terms and conditions (the “User Terms”) and the privacy policy (the “Privacy Policy”) which govern the use of the website (https://www.pickji.com) (the “Website”) and the “PICKJI”application for mobile and handheld devices (the “App”), each of which you shall be deemed to have read, understood and consented to of your free will.

The Website and App are owned and operated by Auspice Transitos Private Limited, (hereinafter referred to as “we”, “us”, “Company” or “PICKJI”). The Company is a private limited company registered under the Companies Act, 2013, bearing registration number U74900WB2015PTC206859 and having its registered office at 222, AJC Bose Road, 5th Floor, Flat No. 05A, Kolkata- 700017, West Bengal, India. “PICKJI” is a registered trademark of the Company.

The User Terms and the Privacy Policy are between the Company and registered users of the Website/App(hereinafter referred to as “you”, “your” or “User”) and describe the terms on which the Company offers you access to the Website, the App and the services availed through use of the Website/App(the “Services”).

We reserve the right to modify/update thewhole or any part of the User Terms and/orPrivacy Policy at any time without providing prior notice to you. It is your responsibility to review the User Terms (including the Privacy Policy) periodically for modifications/updates. Your continued use of the Website/App will mean that you accept and agree to be bound by such modified/updated User Terms (including Privacy Policy). As long as you comply with the User Termsand Privacy Policy, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website and the App.

The User Termsare an electronic record in terms of the Information Technology Act, 2000, the applicable rules thereunder (as amended from time to time) and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011. This electronic record is generated by a computer system and does not require any physical or digital signature.

If you are accessing the App, then while the User Terms will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's Play Store, Microsoft's store from time to time) which will govern the use of the App. These additional terms to the extent applicable are hereby deemed to be incorporated in the User Terms and Privacy Policy by way of reference.

Binding Contract

The User Terms along with the Privacy Policy constitute the entire contract between the User(s) and PICKJI with respect to the Services (or any of them), superseding any prior written or oral contracts in relation to the subject matter herein. By installing, browsing and/or using any of the Services, you signify your acceptance of the User Terms and Privacy Policy which takes effect on the date on which you install, browseand/or use the Services (or any of them), and create a legally binding arrangement to abide by the same. By accepting the User Terms and Privacy Policy, you also accept and agree to be bound by PICKJI’s policies, as amended, from time to time.

PLEASE READ THE USER TERMS AND PRIVACY POLICY CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE/APP OR ACCESSING ANY SERVICE. IF YOU DO NOT AGREE WITH THE USER TERMS AND PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE/APP.

PICKJI Business Model

PICKJI is an online marketplace for local courier service. We offer a 24 (twenty four) hours hassle free and secure, intra-city delivery servicefor all the day to day things that you may need to send or receive. PICKJI takes the challenge to deliver your package right from your doorstep to the final destination with a fleet of Global Positioning System (“GPS”) tracked motor bikes/ vehicles operated by “PICKJIEagles” over the route of your order. PICKJI technology platform is basically an enabling platform for a User to connect with a PICKJI Eagle through the App to avail the delivery services.

Ordering

By placing an order through the App, you agree to be bound by the User Terms and the Privacy Policy. You agree to take adequate care while placing the order and when providing us with your details and warrant that these details are complete and accurate so as to enable PICKJI to facilitate the delivery of the goods,documents and articles (“Consignment”).

When ordering thoughthe App you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to any third party. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. PICKJI cannot and will not be liable for any loss or damage arising from your failure to comply with the aforesaid requirements.

If your order is accepted by us, wereserve the right (but shall not be obliged) to confirm the same to you via a text message/short message service (“SMS”), callor through the App.

An order will not be accepted in the event of the designated address is outside the delivery zone in which we operate.

Eligibility for use

The use of the Services are available only to those individuals and body corporateswho can enter into legally binding contracts under applicable law. Persons who are incompetent to contractunder applicable law are not eligible to use the Services.

Orders are accepted from Users who are 18 (eighteen) years of age orabove. However if you are a minor i.e. under the age of 18 (eighteen) years but at least 13 (thirteen) years of age or above you may use the Website/App under the supervision of a parent or legal guardian who agrees to be bound by the User Terms and Privacy Policy.

By using the Website and/or the App you warrant and confirm that you have the legal right, authority and capacity to enter into and be bound by the User Terms and the Privacy Policy.

User Accounts

In order to avail the Services, you would be required to register by creating a user account via the App. During the registration process you will be invited to choose a desired username and password which will be unique to you.

You agree and confirm that you shall (a) provide accurate, truthful, current and complete information while creating your account and (b) in all your dealings through the App (i) maintain and promptly update your account information; (ii) maintain the security of your account by not sharing your password with others and restricting access to your account and your device; (iii) promptly notify PICKJI if you discover or otherwise suspect any security breaches relating to your account, the App or the Website; and (iv) take responsibility for all activities that occur under your account and accept all risk of unauthorized access to the same. By registering, accessing or using the App, the User accepts the User Terms and the Privacy Policy in totality.

PICKJI reserves the right (but shall not be obliged) to confirm and validate the information and other details provided by you in the course of your use of the Website/App. If upon such confirmation any detail furnished by you are found, or are reasonably believed, to be inaccurate, false, misleading or fraudulent, PICKJI shall, in its sole discretion, have the right to reject your registration and debar you from using the Services without any intimation to you and PICKJI assumes no responsibility and shall not be liable for, any such act on its part. The account created by the Userisowned by PICKJI.

In the event the system is unable to establish unique identity of the User against a valid mobile number or e-mail ID, the user account shall be indefinitely suspended by PICKJI without any liability on its part, whatsoever.

Prices and Payment

Delivery charges payable to PICKJI will be determined on the basis of the approximate distance (in kilometers) to be covered and weight of the Consignment (in kilograms) as provided by the User and calculated at the rates published by PICKJI on the Website/App from time to time (the “Price”). The distance to be covered is determined by PICKJI on the basis of the pick-up location and delivery location entered by the User on the App. We rely on the User to enter the accurate weight of the Consignment, however we reserve the right to verify the weight through thePICKJI Eagle at the time of pick-up and if any discrepancy is found, then the Price (at our sole discretion) will be altered accordingly.

The Price and other charges if any (e.g. for packaging, extra waiting time, insurance, pillion rider,etc.) payable by a User will be displayed on the App at the time of placing the order. The Price will be inclusive of applicable taxes and shall be final and non-refundable (on payment), unless otherwise determined by PICKJI. Therates published on the Website/App for calculation of the Price are subject to change/alterationby PICKJI at any time without any prior notice to Users.

Payment can be made in cash on pick-up of the Consignment to be delivered or through credit points or by online payment, e.g. via debit card, credit card and pre-paid instrument account held by the User. To ensure that online payment is secure, your debit/credit card details will be encrypted to prevent the possibility of anyonebeing able to read them. Your credit/debit card company may also conduct security checks to confirm if the order placed is genuine and if the same has been placed by you.

The financial information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. PICKJI expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card or pre-paid instrument account.

In addition to the User Terms and Privacy Policy, the terms and conditions of your bank, applicable financial institution, credit/debit card issuing association and/or pre-paid instrument account issuing authority may also be applicable to you. Your bank, financial institution,credit/debit card issuing association and/or pre-paid instrument account issuing authority may decline or prevent you from making electronic payments for availing the Services and PICKJI does not control the same and shall not be liable for the same.

PICKJI may from time to time contract with independent third party service providers or vendors (“Third Party Provider”) to facilitate delivery of goodsfrom such Third Party Providers to Users. You understand that this will result in charges to you for the goods you receive from a Third Party Provider as may be determined by such Third Party Provider (“Charges”). After you have received the goods, PICKJI will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. All Charges are due immediately and payment will be made to PICKJI on COD i.e. cash on delivery basis.PICKJI shall not be responsible for any discrepancy in payment of the Charges payable towards the goods purchased from the Third Party Provider.

Delivery Terms

Estimated Delivery Time (“EDT”) displayed on the Appat the time of ordering is only indicative and approximate and may vary. Consignment will be delivered atthe address designated by you at the time of ordering. Upon the delivery of the Consignment, we shall beabsolved from all risks, responsibilities and liabilities.

You must ensure that at the time of delivery of the Consignment, adequate arrangements including access where necessary, are in place for the safe delivery of the Consignment ordered. We cannot be held liable for any damage, cost or expense, whether direct or indirect, incurred byyouor any third party as a result of a failure on your part to provide adequate access/address or any other instructions or arrangements for the delivery.

If we are unable to deliver within theEDT due to any reasons attributable to you (including failure to provide appropriate instructions), then such Consignment shall be deemed to have been delivered to youas per your order and all risks and liability in relation to such Consignment shall pass to you.

Anundelivered Consignment will be sent back to the pick-up location (including to the Third Party Provider, as may be applicable)and chargesas may be applicable for such round tripshallapply and shall be payable by the User.

We will take due care and reasonable efforts to deliver the Consignment in a timely manner. In case the delivery does not take place within the EDT, you may contact us at +91 8017098888

Please note that it might not be possible for us to deliver the Consignment to the delivery location as per the order due to reasons and circumstances beyond our control. If this is the case, we will inform you using the contact details that you have provided to us. You can cancel the order or provide alternate delivery location.

Packaging

Users may avail the packaging service provided by PICKJI, which is available at a cost,to be calculated on the basis of the size and weight of the Consignment.

A ‘PICKJI delivery sticker’will be placed on allConsignments at the time of pick-up. Additionally it must be noted that theUser shallbe responsible for ensuring that the Consignment is appropriately and securely packaged for delivery taking into account the contents of the Consignment and for ensuring that it does not cause any damage or injury to the PICKJI Eagle, the motor bikes/ vehicles operated by the PICKJI Eagles or any other person during the course of delivery. Any Consignment not packaged according to these packaging guidelines and/or to the satisfaction of the PICKJI Eaglemay be refused for delivery. Notwithstanding the foregoing, PICKJI assumes no responsibility, and shall not be liable for any damage to the Consignmentor any loss, cost or expense, whether direct or indirect, incurred by you or any third party as a result of the Consignment not being appropriately and securely packaged by you for delivery.

Cancellation

As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.

You must notify us immediately if you decide to cancel yourorder, preferably by a phone call to us at +91 8017098888, and quote your order number or cancel the order on the App. If we accept your cancellation, no Cancellation Fee (as defined hereinafter) applies. However if the PICKJI Eagle has already left for picking up your Consignment, the order may notbe cancelled, provided that in such a case PICKJI may inits sole discretion cancel the delivery subject to levy of a charge on the User for such cancellation (“Cancellation Fee”).

We reserve the sole right to cancel your order under certain circumstances, including but not limited to the following:

  • failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
  • failure due to reasons beyond our control or attributable to a Third Party Provider.

Complaints

We are committed to provide excellent user experience. Therefore, we attend to User complaints with diligence. We aim to respond to your complaints within 6(six) working days. All complaints and feedback should be addressed to the following email ID feedback@pickji.com or info@pickji.com.

Website/App availability

PICKJI assumes no responsibility, and shall not be liable for, any damages caused by viruses, trojans or any other form of malware, adware and other malicious programs that may infect your computer system, mobile phone or any hardware or software used by you to access or use the Website/App or your account on the App and which may have an adverse impact on your experience of browsing the Website/App.

If you are dissatisfied with the Website/Appyour sole remedy is to discontinue using the Website/App. You are expected to use adequate anti-virus software and firewalls in your device to guard against possible attacks by all kinds of malicious software. Further, PICKJI shall not be responsible for any delays or failures you may have in initiating, conducting and completing any transactions in connection with the Services.

Any information disclosed or uploaded by you is at your own risk. PICKJI shall not be responsible in any manner for any direct, indirect, special or consequential damages, howsoever caused/arising out of any loss of such information provided to PICKJI.

PICKJI reserves the right to modify, suspend or withdraw the whole or any part of the Website/App or any of its contents at any time without any notice or liability.

Usage Conditions

You are advised to provide accurate information to PICKJI. PICJKIreserves the right to verify the information that you have provided and choose to refuse the Service without providing any reasons.

By using any of the Servicesyou agree and acknowledge that:

  • You will use any or all of the Services provided by PICKJI only for the purposes that are permitted by (i) the User Terms and Privacy Policy, and (ii) any applicable law and not for any fraudulent purposes or with a view to cause nuisance, annoyance or inconvenience.
  • Your Consignment, which you wish to get delivered, does not contain any letter of communication which will infringe any applicable law. PICKJI accepts your Consignment in good faith that it does not contain anything which will violate any applicable law.
  • Use of the Website/App is permitted only for delivery of legitimate Consignments.Consignments which are hazardous in nature including of a nature that falls within the ambit of the list of Restricted Items, shall not be accepted.
  • You will not copy or distribute the Website/App or other PICKJI content.
  • All the calls made to PICKJI will be recorded by the Company for quality and training purposes.
  • You are solely responsible for any breach of the User Terms and Privacy Policy and for the consequences resulting from such breach (including any loss, damage or expense suffered or incurred by PICKJI or its affiliates/business partners/vendors).

Representation and Warranties

PICKJI makes no representation or warranty that:

  • The Services shall meet the User's requirements and shall be to the satisfaction of the User.
  • Access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
  • The information available on the Website/Appis correct, accurate or otherwise reliable at all times.

All the PICKJI Eagles and the motor bikes/ vehiclesregistered with PICKJI are continuously tracked using GPS during the course of delivery, however PICKJI does not warrant the sustainability or accuracy of this tracking system and shall not be held responsible or liable for the same, in any manner.

Limitation of Liability

PICKJI shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of any of the Services. PICKJI shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Services or your inability to access or use the Services; or (ii) any transaction or relationship between you and any Third Party Provider. PICKJI shall not be liable for delay or failure in performance resulting from causes beyond PICKJI’s reasonable control. In no event shall PICKJI’s total liability to you in connection with the Services for all damages, losses and causes of action exceed Rs. 5,000 (Rupees Five Thousand only).

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.

Intellectual Property Rights

PICKJI is the sole owner or licensee of all intellectual property rights in the Website, the App and the materials/contents published therein.

Copying, storing, distributing, transmitting or otherwise modifying any content on the Website/App other than for your personal, non-commercial use is prohibited and shall amount to an infringement of the intellectual property rights of PICKJI or the relevant licensor(s) under applicable laws. If you print off, copy or download any part of the Website/App in breach of the User Terms, your right to use the Services will cease immediately and you must, at your option, return or destroy any copies of the materials you have made.

All rights not otherwise claimed under the User Terms and Privacy Policyare hereby reserved.

We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information provided on the Website and the Appare provided ”AS IS“with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for any particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s).

PICKJI reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Website and the App.

CONSENT TO ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

By downloading and/or using the App and the Website, you consent to receiving communications, notices and information from us electronically, whether sent by e-mail or through other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication at the email address/mobile number provided by you and maintained in our records, or when we post the electronic communication on the App or the Website. Further, you agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

DISCLAIMER

The User agrees and acknowledges that the use of the App, Website or the Services is at the sole risk of the User and that the Company provides the Services “AS IS” and without any warranty or condition, whether express, implied or statutory. The Company specifically disclaims all representations and warranties of any kind, whether express or implied as to the title/ownership, merchantability, condition, suitability, quality and fitness for any particular purposes and the same are excluded to the fullest extent as may be permitted under applicable law.

The contentson the Website/App is for general information purposes only. Due to the vagaries that can occur in the electronic distribution of information and due to limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Website/App or delay or errors in the functionality of any or all of the Services. While PICKJI endeavors to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability thereof for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through the Website and the App you may be able to access other websites and/or mobile applications.Such websites and/or mobile applications are not under the control of PICKJI. We have no control over the nature, content and availability of those sites/mobile applications. The inclusion of any such links does not necessarily imply a recommendation or endorse the views expressed therein. We reserve the right to disable such access to other websites and/or mobile applications, although we are under no obligation to do so.

Every effort is made to keep the Website and the App up and running smoothly. However, PICKJI takes no responsibility for, and will not be liable for, the Website and/or the App being temporarily unavailable due to technical issues beyond our control. Further, the Website and/or the App may be subject to upgradation, as and when required and therefore, some functions and features may not be fully operational during those periods.

You acknowledge and agree that at no time are we making any representation or warranty regarding any goods provided by a Third Party Provider nor will we be liable to you or any such Third Party Provider for any consequences or claims arising from or in connection with the goods provided by such Third Party Provider. You hereby disclaim and waive any rights and claims you may have against us with respect to goods of a Third Party Provider.

In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the contents on the Website/App.

In the event the Service is accessed from outside India, it shall be entirely at your risk. If you choose to access or use the Services from or in locations outside India, you shall be responsible for ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorizations, rules and guidelines.

Further, you understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

CHOICE OF LAW AND DISPUTE RESOLUTION

TheUser Terms, the Privacy Policy and your use of the Website and the App shall be governed by, and construed in accordance with, the laws of India, including without limitation the Indian Contract Act, 1872, Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder (including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011) and the Information Technology (Intermediaries Guidelines) Rules, 2011, and without reference to principles of conflicts of law. The courts or tribunalsat Kolkata shall have exclusive jurisdiction over any dispute arising from or relating to the User Terms, Privacy Policy, or your use of the Services. You expressly consent to the jurisdiction of the said courts/tribunal and irrevocably waive any objection now or in future, to such jurisdiction based on forum non convenience or any other basis.

INDEMNITY

You agree to defend, indemnify and hold harmless PICKJI, its affiliates, independent contractors, service providers, consultants, licensors, agents and representatives, and each of their respective directors, officers and employees, from and against any and all claims, losses, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from or related to (a) your access to or use of the Website and/or App; (b) your violations of the User Terms; (c) your violation of any rights of any third party, including infringement of their intellectual property right; and/or (d) your conduct in connection with the Services.

SEVERABILITY

If any provision of the User Terms, including the Privacy Policy is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the User Terms and shall not affect the validity and enforceability of any of the remaining provisions.

INSURANCE TERMS AND CONDITIONS

Each Consignment is insured against the risk of loss or damage during transit for an amount of Rs. 5,000 (Rupees Five Thousand only). In the event aUser desires to insure the Consignment for a higher insurance coverage, PICKJI will debit the premium for such additional insurance coverage from the User's account maintained with PICKJI. The insurance coverage offered herein is subject to and shall be governed by the terms and conditions set out in [please provide the link to the insurer’s terms] . All claims for insurance in respect of loss or damage of Consignment shall be made to PICKJI within a period of [24 (twenty four) hours of occurrence] .

General Conditions

We do not own, sell, resell, furnish, provide, prepare, manage and/or control any Third Party Provideror the goods provided by such Third Party Provider.

PICKJI’s responsibilities are limited to facilitating the availability of the Services.

PICKJI Eagles will not purchase the Consignment from the User under any circumstances whatsoever.

Where the delivery order for any Consignment is on COD basis, the User shall be necessarily required to give a challan/ invoice to the PICKJI Eagle.

Users will be required to sign and record the details of the Consignment in the order book that will be available with the PICKJI Eaglesat the time of pick-up of the Consignment. Similarly, the recipient of the Consignment will be required to sign the order book as acknowledgement of receipt of the Consignment at the time of delivery. It is clarified that PICKJI Eagles shall solely rely on the details of the Consignment as provided by the User in the order book and not under any circumstances be obliged to independently verify the contents of the Consignment.

PICKJI Eagles will furnish a receipt for all cash payments made to them by a User.

The User shall make all such payments as may be required to be made to statutory bodies or municipal or state/central government agencies with respect to any Consignment during transit or at the time of delivery.

The following items constitute “Restricted Items”:

  • Explosives including fireworks;
  • Firearms and firearm accessories: including but not limited to ammunition, dismantled firearms, vision enhancement/zooming equipment, precision and aiming equipment and distance measuringequipment;
  • Gases: aerosol cans, etc.;
  • Flammable liquids paint, matches, petrol, kerosene, etc.;
  • Combustible substances;
  • Toxic, poisonous, orinfectious substances;
  • Irritating substances;
  • Radioactive substances;
  • Fake/dummy/replica/BB guns, antique weapons, swords, knives, etc.;
  • Live or dead animals or human;
  • Narcotics
  • Plants/seeds Batteries;
  • Lithium, consumer batteries, car-boat-machine batteries;
  • Indecent and pornographic materials;
  • Items and substances, the possession or use of which is prohibited by law;
  • Cash/bearer cheques;
  • Articles of exceptional value: like jewelry, precious metals and stones, diamonds, works of art, antiques, etc.; and
  • No article/item/goods which are of a dangerous nature or hazardous to nature to human life, safety and/or property.

PICKJI or the PICKJI Eagles shall not under any circumstances be obliged to verify the contents of the Consignment. It shall be the sole responsibility of the User to ensure, and the Users hereby warrant and confirm, that the Consignment does not contain any Restricted Item.

We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign or novate any part or parts of our rights under theUser Terms and Privacy Policy without your consent or any requirement to notify you.

Users shall not use or launch any automated system or program in connection with the App or its online ordering functionality.

Users shall not collect or harvest any personally identifiable information from the App, use communication systems provided by the App for any commercial solicitation purposes, solicit for any reason whatsoever any Users of the App with respect to their submissions to the App, or publish or distribute any vouchers or codes in connection with the App, or scrape or hack the App.

No delay or failure on our part to enforce our rights or remedies under the User Terms and Privacy Policy shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

The rule of construction, if any, that a contract should be interpreted against the Parties responsible for the drafting and preparation thereof shall not apply.

All dealings, correspondence and contacts between us shall be made or conducted in the English language.