Last Update: 9 November 2021

 

1. Accepting the Terms

 

Please read these terms of service (the “Terms”) carefully. By accessing or using the site, app or the services, you agree to be bound by the terms of service. If you do not wish to be bound by these terms of service, you may not access or use the site, app or the services.

 

These Terms constitute a legally binding agreement (“Agreement“) between you and Picko (as defined below) governing your access to and use of the Picko website, including any subdomains thereof, and any other websites through which Picko makes its services available (collectively, “Site“), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application“) and all associated services (collectively, “Picko Services“). The Site, Application and Picko Services together are hereinafter collectively referred to as the “Picko Platform”. 

 

When these Terms mention “Picko,” “we,” “us,” or “our,” it refers to the company you are contracting with, namely Picko Limited. When these Terms mention “Consumer Users”, “Users”, or “you”, it refers to you. “Member” refers to all users of Picko. “Business Partners” refers to Picko’s business partners.

 

2. Privacy and your Personal Information

 

For information about Picko’s personal information practices, please read Picko ‘s Privacy Policy, which is hereby incorporated into these Terms of Service. This policy explains how Picko treats your personal Information (as defined by the Privacy Policy) when you use the Site, App and Services. The policy may be updated from time to time. Changes will be effective upon posting to the Site.

3. Description of the Services

• Picko is a share-to-earn reward platform for credit card transactions for any Consumer Users (as known as the “Users”) to discover and share offers surrounding their interests while earning cash rewards from reward programs hosted in Picko Platform.
• Our scope of services may also include any other relevant services not covered in this Clause.

4. Account Registration and Registration Information

• In order to use the Picko Platform, you need to sign up for an account with Picko (the “Picko Account”) by providing your Hong Kong mobile phone number and other requested information (“Registration Information”).
• Each User can and should only sign up for 1 account using 1 Hong Kong mobile phone number. If a User creates more than 1 account, Picko has the right to terminate his account without compensation and prior notice.  
• Once you submit the required Registration Information, Picko has the sole discretion to determine whether to approve the registration of the account. Picko may use the information you provided to verify your identity when you contact Picko in the future. You hereby grant us the right to make any inquiries we consider necessary to validate your identity.
• If you do not provide all Registration Information, we may refuse you to use the Picko Platform. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your Picko Account and making relevant changes.
• Different Picko Accounts cannot be combined, and joint accounts are not permitted.
• You agree and understand that you are responsible for maintaining the confidentiality of your password which allows you to access the Site, App and Services. It is your responsibility to keep any SMS verification codes sent by Picko secured and not to share them with any third party.

5. Offers

• Offers are promotional campaigns hosted on Picko Platform, by Picko or its Business Partners.
• You will have the opportunity to earn Picko Points based on actions that you may take or transactions that you may conduct as described in a particular offer (“Offer”) made by Picko, by Business Partners of Picko or by another third party via the Site or App.
• Each Offer comes with an expiration date. Any actions done to fulfill the Offer requirements after the expiration date will be deemed invalid.
• By participating in the Offers, you accept the terms of this Agreement and also the terms and conditions specific to that particular Offer (“Offer Specific Terms“) imposed by Picko and our Business Partners.
• Picko and our Business Partners can update and make changes to the details of the Offers, including but not limited to the amount of Picko Points you can earn, information and any terms and conditions applicable to the Offers, without any prior notice to the Users.
• Our Business Partners may set a quota and/or budget for the Offers (“Offer Quota“). When the Offer Quota is used up, the Offer will be suspended unless and until our Business Partners increase the Offer Quota for the Offers (“Renewal of Offers”). Should there be no Renewal of Offers, such Offers are deemed to be terminated. Picko reserves the right to validate (or invalidate) sales made during the Offers suspension period. Should conflicts arise due to termination of Offers, Picko will determine the validity of the actions and/or transactions done in relation to the Offer.
• Picko is not responsible for the accuracy of any content in the Offers.

6. Qualifying Activities

• Users can only earn Picko Points if what they have done with the Offer qualifies as a “Qualifying Activity”.
• To be considered as a Qualifying Activity, the following requirements should be satisfied:
• The Users must have accepted the Offers in the App;
• The Users have fulfilled all Offer Specific Terms; and are verified by Picko;
• For Offers relevant to satisfying spending requirements, the following requirements shall be fulfilled:
  • Purchases or spendings should be made with our Business Partners under active Picko Offers;
  • Picko shall verify that the Users have paid to Business Partners with the validly linked credit cards; and
  • The purchases or spendings made by the Users must be for legal purposes
• For transactions that fail to satisfy the requirements of Qualifying Activities stated in the above sub-term, they are considered as invalid activities (“Invalid Activities”). They will not be eligible to redeem Picko Points.
• For Invalid Activities that Picko credited Picko Points to your Picko Wallet, Picko will deduct the Picko Points you received for such an Invalid Activity. If the balance of Picko Points in your Picko Account is less than the amount of Picko Points you received for such an Invalid Activity, Picko will offset the applicable amount of Picko Points from the Picko Points you would otherwise receive for future Qualifying Activities. Picko reserves the rights to recover the relevant amount of Picko Points from you in cash form through legit channels and/or legal proceedings.
• Without limiting any of the other terms of this Agreement, if you return, chargeback, cancel, dispute, or otherwise request a refund for a Qualifying Activity, Picko will automatically deduct the Picko Points you earned with that particular Transaction.
• Personnel related to our business partners who initiated the Offers (including employees or suppliers), shall observe their contractual terms with the business partners. Upon request from the Business Partners and observation of fraudulent activities, Picko reserves the right to restrict certain Users to earn Picko Points from the Offers and reserves the right to deduct the Picko Points you earned with that particular Activity.

7. Reward Programs  – Wallet and Picko Points

• Picko Points are points earned upon (i) fulfilling all requirements of a specific Offer and (ii) upon satisfying the requirements of being a Qualifying Activity.
• The amount of Picko Points that can be earned from each Offer is specified in the Offer Specific Terms.
• Picko Points will be credited to your Wallet in not less than 14 days upon Picko verifying your transaction from your linked credit card (if that is an Offer in spending nature), verifying with our Business Partners (this process takes usually less than 45 days, depending on the Offer Specific Terms) and our Business Partners have fully paid their allocated marketing fee to Picko.
• Points earned will be stored in your Wallet in Picko and can be redeemed through bank transfer.
• There is no expiration date for Picko Points.
• If our Business Partners do not pay sufficient marketing fee to Picko for crediting Picko Points to your Picko Wallet, Picko will not credit the Picko Points you would have earned with that Business Partner. Picko is not liable for your losses in such situations.
• Picko has its own mechanism stipulated in the App to validate your spending and subject to the nature of the Offers, lies with the power to determine the time to credit the Picko Points to your Wallet. Picko can make changes to such mechanisms and power without prior notice.
• Picko Points are tied to the Picko Account that earned the points and are not transferable in any circumstance.
• It is your responsibility to ensure that your personal information is accurate for account registration and bank account and/or credit card information is correct for reward redemption.
• It is your responsibility to check your account regularly to ensure that points have been properly credited and that your account balance is accurate.
• If any Picko Account is locked, stolen or hacked for whatever reason, we are not responsible for any losses in Picko Points earned in the account.
• Any disputes related to the Picko Points credited to you must be received by Picko within 60 days of the date on which the user claims the points should have been accrued
• Picko reserves the right to cancel your accumulated Picko Points, suspend your benefits, or cancel your Picko Account at any time with immediate effect and without prior notice, in Picko’s sole discretion, including in instances where Picko believes that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iii) breached or violated any of these Terms of Service, or (iv) engaged in any misconduct or wrongdoing in connection with the Site, App or Services.

8. Reward Programs – Cashback

• Users can earn rewards for a fixed amount or at a percentage of spending, depending on the Offer Specific Terms upon any Qualifying Activity, which is completely independent from any discount and rebate programs (the “Cashback Programs”).
• Picko Points earned through the Cashback Program will be credited to the User’s Picko Account after the Qualifying Activity is validated by Picko under the procedures and conditions stated in Term 6 (Qualifying Activities).

 

9. Reward Programs – Referral Rewards

• Picko may provide you with the opportunity to invite friends and family members (each, an “Invitee”) to participate in an Offer (the “Referral Programs”) and earn reward for a fixed amount or at a percentage of Invitees’ spending (“Referral Reward Rate“) as a Referrer. 
• Upon the Invitee (i) accepting your invitation to participate in the Offer, and (ii) fulfilling all the requirements of the Offer, you can earn Picko Points specified under the Offer Specific Terms. Picko Points earned through the Referral Program will be credited to the User’s Picko Account after the Qualifying Activity is validated by Picko under the procedures and conditions stated in Term 6 (Qualifying Activities).

 

10. Linking Credit Cards

• In order for Picko to validate your spending in relation to Qualifying Activity, you shall link a valid credit card to your Picko Account and you hereby direct and authorise Picko to retrieve your transaction-related information maintained and/or stored online through third parties which can retrieve your account and/or financial transactions information, including, without limitation, bank account information, electronic payment history etc (“Account Information”).
• You shall only link credit cards issued by our supported banks in Hong Kong.
• Each credit card can only be connected to one Picko Account.
• Picko cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, loss of personalization settings or other service interruptions. Picko cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. Information may be more up-to-date when obtained directly from the relevant sites. You can update your Account Information through the Services, in the manner prescribed in the associated instructions.
• You must provide accurate, current, and complete information when adding a credit card and/or bank account to your Picko account, and it is your obligation to keep your Information up-to-date at all times to enable Picko to validate it.
• Picko may engage third party data aggregation service providers to collect your data. You hereby agree to observe the terms of such third party data aggregation service providers.

11. Linking Bank Account and Withdrawal of Picko Points

• To redeem Picko Points to cash, the Users must link a bank account and/or a FPS identifier (“Bank Account“) to their Picko Account.
• Each Bank Account can only be linked to one Picko Account.
• The threshold of cashing out Picko Points is HK$100, i.e. you can only redeem your Picko Points to cash when you have a minimum of 100 Picko Points in your Picko account.
• Upon making the redemption, the cash will be transferred to your Bank Account within 14 working days.
• You are entirely responsible for providing accurate Bank Account information to Picko. Picko will not be responsible for any losses in transfer of Picko Points to your Bank Account if you fail to provide accurate information.
• If the redemption of Picko Points is not accurately reflected in your Bank Account, you must raise such an issue to Picko in writing through official support channels within 60 days upon submitting the cash redemption request. Failure of which will constitute a waiver of your right.
• We are not responsible for any additional fees that the payment service providers might charge you when you redeem your Picko Points.

12. Termination of Service

• You may terminate this Agreement and cancel your Picko Account at any time by submitting a request to Picko through official support channels. Picko shall process your termination within 60 days upon receipt of your request.
• If you cancel your Picko Account, you are solely responsible for requesting and completing any payout in accordance with Clause 11 Linking of Bank Account and Withdrawal of Picko Points on the remaining balance of your account via the supported Payment Methods. If you have any difficulty requesting a Payout, you should seek assistance from us before the account cancellation. When you cancel your Picko Account before redeeming the Picko Points, you forfeit the Picko Points you have earned.
• Picko may immediately, without notice, terminate this Agreement and/or stop providing access to the Picko Platform if (i) you have materially breached your obligations under these Terms, (ii) you have made multiple attempts at non-Qualifying Transactions or involved in fraudulent activities, (iii) you have violated applicable laws, regulations or third party rights, or (iv) engaged in any misconduct or wrongdoing in connection with the Site, App or Services, (v) Picko believes in good faith that such action is reasonably necessary to protect the personal safety or property of Picko, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
• If your account is terminated or disabled for any reason, whether or not they are covered above, your existing rewards will be forfeited and any further transactions which might otherwise earn you Rewards will not be applicable.
• Picko may cancel your accumulated points, suspend your benefits, or cancel your account at any time with immediate effect and without prior notice, for any reason and in Picko’s sole discretion, including in instances where Picko believes that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iii) breached or violated any of these Terms of Service, or (iv) engaged in any misconduct or wrongdoing in connection with the Site, App or Services
• In addition, Picko may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Picko Account registration, (iv)you are repeatedly reported or Picko otherwise becomes aware of or has received complaints about your conduct, or (v) Picko believes in good faith that such action is reasonably necessary to protect the personal safety or property of Picko, its Members, or third parties, or to prevent fraud or other illegal activity;
• limit your access to or use of the Picko Platform;
• temporarily or in case of severe or repeated offenses, permanently suspend your Picko Account and stop providing access to the Picko Platform.
• In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Picko and an opportunity to resolve the issue to our reasonable satisfaction.

 

13. Dispute Resolution between Consumer and Business

• Picko will not become involved in legal disputes between Consumer User and Business User. Picko bears no liability, and has no obligation to investigate, participate, or become involved, in any dispute between Consumer Users and Business Users.
• Please refer to Term 28 for further details on governing laws and dispute resolution procedures.

 

 14. Modification and Termination of the Rewards Program and Benefits

• Picko reserves the right to change and/or terminate the Rewards Program and their program benefits at any time for whatever reason without prior notice.
• Picko may make changes that affect, including but not limited to, processes, benefits, levels, rules for earning and redeeming points, point redemption levels, rules for the use of points, availability of points, reward types, availability of Picko Offers and participation in the Rewards Program and Program Benefits.
• Picko reserves the right to terminate the related Offers provided by any Business Partners at any time, including but not limited to situations that the Business Partners cease operation, fail to inject money for the Rewards Program and Program Benefits and so on.

15. Third-Party Links

• Some parts of the Services are supported by sponsored links from advertisers and display offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information.
• Any third-party links contained in Picko will be subject to different terms and conditions and privacy practices. Picko is not responsible or liable for the availability or accuracy of the content, products, or services available from such third-party links. Links to such third-party links are not an endorsement by Picko of such third-party links.

 

16. Fees and Taxes

• Picko currently charges no fees for access and use of the Site or Services, but we reserve the right to charge such fees for the Services. We will notify you before charging any fees for the Services by email, by posting information about such fees on the Site, as applicable, or by any other method permitted by applicable law. If you continue accessing or using the Site and/or Services after such notice, you must pay all applicable fees.
• We are not responsible for Users’ personal tax incurred from our rewards (if any). Due to tax regulation, we are required to report our fees paid to Users regarding referral rewards exceeding HK$25,000 per annum, to the tax authority. In such scenarios, we may request Users to provide further information to facilitate this process. We will also inform Users of our reported figures after our tax reporting. Users are advised to seek independent legal advice should they have queries related to this matter.

 

17. User Content

• You are responsible for any information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post or otherwise make available on or through the Site or Services (“User Content”). We do not guarantee that you will be able to edit or delete any User Content you have submitted.

 

18. Use with your Mobile Device

• To use the Mobile Application you must have a mobile device that is compatible with the Mobile Application. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use.
• You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms of Service will apply to all such upgrades.

 

19. Online and Mobile Notifications

• Picko may from time to time provide automatic alerts and voluntary account-related notifications. Automatic notifications may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
• Voluntary account notifications may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These notifications allow you to choose alert messages for your accounts. Picko may add new notifications from time to time, or cease to provide certain notifications at any time upon its sole discretion. Each notification has different options available, and you may be asked to select from among these options upon activation of your notifications service.
• You understand and agree that any notifications provided to you through the Services may be delayed or prevented by a variety of factors. Picko may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. PICKO SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURE TO DELIVER, OR MISDIRECTED DELIVERY OF ANY NOTIFICATION; FOR ANY ERRORS IN THE CONTENT OF A NOTIFICATION; OR FOR ANY ACTIONS TAKEN OR NOT TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON A NOTIFICATION.
• Electronic notifications will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Because notifications are not encrypted, we will never include your passcode. However, notifications may include your Login ID and some information about your accounts.

 

20. Intellectual Property Rights

• You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
• Picko respects the intellectual property rights of others and encourages you to do the same. Accordingly, we have a policy of removing User Content that violates intellectual property rights of others, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of someone’s intellectual property rights, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of someone’s intellectual property rights.

 

21. Acceptable Use, Access and Interference

• Picko permits your use of the Site, App and/or Services only for personal purposes and for the purposes of sharing our business partners and their offers. Any other use of the Site, App and/or Services is prohibited and, therefore, constitutes unauthorized use as this Agreement is entered solely between you and Picko and all rights in the Site, App and/or Services remain as Picko’s property.
• Unauthorized use of the Site, App and/or Services may result in violation of various intellectual property laws . Unless you have written permission from us stating otherwise, you are not authorized to extract any content and/or embedded program code from the Site, App and/or Services.

 

22. Social Media Sites

• Picko may provide experiences on social media platforms including but not limited to Facebook® and Instagram ® that enable online sharing and collaboration among users who have registered to use them. Your use of such platforms and your posting of any content on such platforms, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

 

23. Disclaimer of Representations and Warranties

• The site, services, information, data, features, and all content and all services and products associated with the services or provided through the services (whether or not sponsored) are provided to you on an “as-is” and “as available” basis. drop, its affiliates, and its third party providers, licensors, distributors or suppliers (collectively, “suppliers”) make no representations, warranties or conditions of any kind, express or implied, as to the content or operation of the site or of the services. you expressly agree that your use of the services is at your sole risk.
• Neither Picko or its suppliers make any representations, warranties, conditions or guarantees, express or implied, regarding the accuracy, reliability or completeness of the content on the site or of the services (whether or not sponsored), and expressly disclaims any warranties and conditions of merchantability, fitness for a particular use or purpose, title, or non-infringement of intellectual property rights. neither picko or its suppliers make any representation, warranty, condition or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information.
• Some jurisdictions do not allow the exclusion of certain warranties, conditions or the limitation or exclusion of liability for incidental or consequential damages. In such jurisdictions liability is limited to the extent permitted by law.

 

24. Limitations on Picko’s Liability

• Picko cannot guarantee that any information disclosed during the transmission process through the internet is completely secure.
• If you would like to raise any disputes against Picko on any issues, you must raise them to Picko in writing within 7 days upon discovering the events leading to such disputes and provide sufficient supporting proof. Failure of which will constitute a waiver of your rights.
• Damages claimed against Picko shall in all events not exceed the amount of Picko Points stored in your Wallet at the time of initiating the claim against Picko. Further, Picko will not be responsible for any damages you suffered as a direct or indirect result of causes originated by you.

 

25. Your Indemnification of Picko

• You agree to indemnify and hold harmless Picko and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to reasonable legal fees, in whole or in part arising out of or attributable to your breach of this Agreement, the Site or your use of the Services.

 

26. Modification and Termination of Services

• Picko reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services with or without notice. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s).

27. Modification of Terms

• Picko reserves the right to modify the Terms of Services from time to time and update them on the official website of Picko. You are deemed to accept the updated Terms of Services upon continuing to use the Picko Platform.

 

28. Governing Laws and Dispute Resolutions

(a) GOVERNING LAWS

• This Agreement shall be governed by, and construed in accordance with the laws OF Hong Kong.

ARBITRATION

• Please Read This Provision Carefully. It Affects Your Legal Rights.
• This Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision that may arise between you and Picko. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
• This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms of Service constitutes a waiver of your right to litigation claims and all opportunities to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND PICKO AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

(c) Pre-Arbitration Claim Resolution

• For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at [email protected] the following information: (1) Your name, (2) Your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.

(d) Exclusions from Arbitration/Right to Opt Out

• Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at [email protected] with the following information: (1) Your name; (2) Your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

(e) Arbitration Procedures

• If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The Hong Kong International Arbitration Centre (HKIAC), www.hkiac.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
• For arbitration before HKIAC, for Disputes of less than $75,000 USD, the HKIAC’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 USD or more, the AAA’s Commercial Arbitration Rules will apply.

(f) Location of Arbitration – You or we may initiate arbitration in Hong Kong.

• Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

(g) Jury Waiver

• You understand and agree that by accepting this Provision in these Terms of Service, you and Picko are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

(h) Severability

• If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect.

(i) Continuation

• This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

 

 

29. App Store Requirements

• If you download any Mobile Application designed for use on an Apple iOS-powered mobile device, the following terms also apply to you:
• Acknowledgement: You acknowledge that this Agreement is between you and Picko only, and not with Apple, and Picko, not Apple, is solely responsible for the Software and the content thereof.
• Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
• Maintenance and Support: Picko and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
• Warranty: Picko is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Picko’s sole responsibility.
• Product Claims: Picko, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights: You acknowledge that, in the event of any third party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Picko, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer Contact Info: Direct any questions, complaints or claims to: Picko Limited, 26/F, Two Harbour Square, 180 Wai Yip Street, Kwun Tong, Hong Kong.
• Third Party Terms of Agreement: You must comply with any applicable third party terms of agreement when using the Software.
• Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
• If you download any Mobile Application designed for use on an Android-powered mobile device (“Android App”), the following terms also apply to you:
• You acknowledge that these Terms of Service are between you and Picki only, and not with Google, Inc. (“Google”).
• Your use of our Android App must comply with Google’s then-current Google Play Terms of Service.
• Google is only a provider of the marketplace where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms of Service.
• You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as they relate to our Android App.

30. Contact Us

• If you have any questions about these Terms of Service or otherwise need to contact us for any reason, you can reach us by email: [email protected], or you can also call us at (852) 2319 4361.