TERMS OF SERVICE

About PickSpot

PickSpot is a delivery-identity service. A PickSpot handle lets you receive order requests from merchants, review and approve payments, track orders, confirm delivery, and access the protections described in these Terms and the Refund & Failed Delivery Policy. PickSpot is designed to make buying from social commerce merchants safer and more transparent.

Documents that apply

These Terms are read together with the Refund & Failed Delivery Policy and the Privacy Policy, which are incorporated by reference. Where these Terms conflict with the Refund & Failed Delivery Policy on the handling of refunds, cancellations, failed deliveries, or returns, the Refund & Failed Delivery Policy governs that subject matter.

Eligibility

You must be at least eighteen (18) years old to use PickSpot. By using PickSpot, you represent that you are at least 18, have the legal capacity to enter into binding agreements, that the information you provide is accurate and complete, and that you will comply with applicable laws and these Terms. PickSpot may suspend or terminate access if eligibility requirements are not met.

PickSpot handles

Your PickSpot handle is your delivery identity within the platform. Handles are licensed, not sold. PickSpot retains all intellectual property and registry rights in the handle namespace. You may not sell, transfer, or misrepresent your handle, use another person's handle, or use a handle for unlawful or fraudulent purposes. PickSpot may modify, suspend, reclaim, or remove handles where necessary for operational, security, legal, or policy reasons.

Delivery addresses and privacy

Order requests

A transaction begins when you share your PickSpot handle with a merchant, who may use it to create an order request. An order request may include one or more items and may contain merchant information, product photographs, descriptions, pricing, delivery fees, platform fees, and other transaction information. You are responsible for reviewing order information before approving payment. There is no minimum order value; you may place orders of any amount. A small order surcharge may apply to orders below a threshold published by PickSpot from time to time, and any such surcharge is disclosed before you approve payment.

Payments

When approving an order, you may be required to pay the product price, the delivery fee, the PickSpot Customer Fee (3% of product value), payment processing fees, any applicable small order surcharge, and any other disclosed charges. Payment processing is provided by licensed third-party payment providers integrated with the platform. PickSpot does not process, hold, or transmit funds directly. Authorising payment constitutes your approval for the transaction to be processed and for delivery to be requested on your behalf.

Cancellation after payment

You may cancel an order after payment. If no parcel has been collected from the merchant, the order is treated as a Failed Order and you are refunded in accordance with the Refund & Failed Delivery Policy. If a parcel has already been collected, the order is treated as a Failed Delivery, the parcel is returned to the merchant, and the refund and fee provisions of the Refund & Failed Delivery Policy apply.

Delivery

Delivery confirmation

On delivery, you may:

1. Accept the order by providing the delivery OTP to the delivery person; or
2. Reject the order before providing the OTP. To reject, you may be required to select a reason and submit a photograph; the parcel is then returned to the merchant.

Inspect your order before providing the delivery OTP. Providing the OTP confirms that you have received and accepted the order. Once verified, the order is complete and final, and the cancellation, failed-delivery, and refund procedures no longer apply.

Failed deliveries and refunds

Cancellations, failed deliveries, and returns are governed by the Refund & Failed Delivery Policy. Where you have paid and an order does not complete, you are refunded the product price, delivery fee, and PickSpot Customer Fee. Payment processing fees are non-refundable, as they represent third-party costs incurred at the time of payment.

Spot Points and referral programme

Customer risk controls

PickSpot may monitor account activity to identify abuse, fraud, excessive failed deliveries, or other misuse. Customers with repeated failed deliveries, repeated cancellations, excessive rejection activity, suspected abuse, or policy violations may be subject to additional verification, delayed or restricted refunds, order limits, account restrictions, temporary suspension, or permanent suspension.

Merchant responsibility

Merchants are solely responsible for the products they sell, including quality, authenticity, legality, descriptions, photographs, pricing, and availability. You acknowledge that your purchases are made from merchants and not from PickSpot.

PickSpot's role

PickSpot provides a technology platform that facilitates delivery identity, order coordination, payment facilitation through licensed third-party payment providers, delivery facilitation through independent third-party delivery service providers, tracking, delivery confirmation, and refund administration under applicable policies. PickSpot is not the seller of products offered by merchants and does not manufacture, own, inspect, warrant, guarantee, or endorse them. PickSpot does not provide delivery services and does not employ delivery personnel.

Prohibited conduct

You may not use PickSpot for unlawful purposes, engage in fraud, misrepresent your identity, abuse refund systems, interfere with delivery operations, share false information, attempt to circumvent platform procedures, or use the platform in a manner that harms other users or PickSpot.

Suspension and termination

PickSpot may suspend, restrict, or terminate accounts for reasons including fraud, abuse, misrepresentation, security concerns, repeated failed deliveries, violations of these Terms, or legal or regulatory requirements. You may stop using PickSpot at any time.

Disclaimer of warranties

The PickSpot platform is provided "as is" and "as available." To the maximum extent permitted by law, PickSpot disclaims all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PickSpot does not warrant that the platform will be uninterrupted, error-free, or secure.

Limitation of liability

To the maximum extent permitted by law, PickSpot is not liable for merchant conduct, product quality, authenticity, legality, or defects, delivery service provider conduct, or for indirect, incidental, consequential, or special damages, lost profits, or business interruption. PickSpot's liability is limited to the extent permitted by applicable law.

Indemnity

You will indemnify and hold harmless PickSpot, its officers, directors, employees from and against any claims, losses, liabilities, damages, and expenses (including reasonable legal fees) arising from your breach of these Terms, your use of the platform, unlawful conduct, misuse of the refund or cancellation process, or violation of any law or third-party right.

Intellectual property

All software, content, trademarks, the handle namespace, and platform materials are owned by or licensed to PickSpot. You receive a limited, non-exclusive, revocable, non-transferable licence to use the platform for personal purposes in accordance with these Terms. You may not copy, modify, reverse-engineer, or create derivative works from the platform.

Changes

PickSpot may modify, suspend, or discontinue any aspect of the platform at any time, and may update these Terms from time to time. Continued use of PickSpot after publication of updated Terms constitutes acceptance of the revised Terms.

Governing law

These Terms are governed by and interpreted in accordance with the laws of Kenya. Any disputes arising out of or relating to these Terms are subject to the jurisdiction of the courts of Kenya. If you access PickSpot from outside Kenya, additional or different terms may apply as notified by PickSpot.

General provisions

• Force majeure. PickSpot is not liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, power outages, internet or telecommunications failures, payment provider outages, delivery service provider disruptions, government actions, or epidemics.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions continue in full force and effect.
• Assignment. PickSpot may assign these Terms or any rights under them. You may not assign your account or any rights under these Terms.
• Survival. Provisions relating to intellectual property, indemnity, limitation of liability, disclaimer of warranties, and dispute resolution survive termination.
• Entire agreement. These Terms, together with the Privacy Policy and Refund & Failed Delivery Policy, constitute the entire agreement between you and PickSpot regarding the platform.
• Waiver. Failure by PickSpot to enforce any provision is not a waiver of that provision.

Contact

All notices and enquiries may be directed to contact@pickspot.net or PickSpot Network Limited, Yare Towers, Yusuf Hajj Avenue, Eastleigh, Nairobi 00100, Kenya. PickSpot may notify you by email, in-app notice, SMS, or by posting updates to the platform.