- DEFINITION OF TERMS
- GENERAL PROVISIONS AND RESPONSIBILITIES
- USER REGISTRATION
- UNACCEPTABLE BEHAVIOR
- DEFINITION OF THE CUSTOMER’S ROLE
- DEFINITION OF THE EXPERT’S ROLE
- EXPERT SELECTION PROCEDURE
- PAYMENT FOR PICKOOSE SERVICES
- DISPUTE SETTLEMENT
1.3. «Pickoose» is PICKOOSE.COM OÜ, registered under Estonian law under registration number 12960610, with its registered office at Narva mnt 13-27, Kesklinna district, Tallinn city, Harju county, 10151, Estonia, as well as its agents, affiliates and authorized persons.
1.4. "Visitor" is any person visiting the Website who is not a User.
1.7. "Customer" is a registered Website User, posting Task for the provision of Services.
1.10. "Task" is a publication posted on the Website by the Customer in order to find the contractor of Services according to the needs of the Customer who posted the same, providing information on such Services, their timing, desired cost and other essential terms and conditions of their provision. Restrictions on posting certain categories of Tasks are provided for in Section 4 "UNACCEPTABLE BEHAVIOR" hereof.
1.11. "Service" is an activity implemented by the Expert, in respect of which the Expert posts relevant publications at the Website in order to meet the Customers` needs. Restrictions on posting certain categories of Tasks are provided for in Section 4 "UNACCEPTABLE BEHAVIOR" hereof.
1.12. "Order" is Customer’s acceptance of the terms of Services suggested by the Expert, as well as implementation of legally significant actions by such Users, which are aimed at conclusion of a Service agreement between them.
1.13. "Response" is submission of an Expert’s application for participation in selection of Experts for provision of services according to the Task posted by the Customer.
1.15. "Application" is a special mobile application developed for specific mobile platforms (including, but not limited to, Android, iOS), through which you can access the Website and use the Pickoose Services.
1.16 "Expert Account" - is a nominal Experts account in the Pickoose system, connected with his account and designed for the received funds from the Experts as a payment for Pickoose Service.
1.17. The terms and definitions given above shall retain their value upon declension in grammatical categories of number, gender and case.
2.9. Pickoose shall not be involved in the transaction between Customers and Experts and, accordingly, does not control and is not responsible for the quality, safety, morality or legality of any aspect of the Tasks posted, truth or accuracy of the description of such Tasks, the ability of Experts to provide the Services, or the ability of Customers to pay the cost of such Services. Pickoose assumes no liability and does not monitor the commencement and completion of Service delivery, as well as delivery, acceptance and payment of such services upon their provision.
2.10. Pickoose may pre-screen the content and information posted by Users on the Website but is not responsible for such data.
2.11. Pickoose does not guarantee the validity of intentions of the Experts or Customers as regards the order, rendering and acceptance of Services and their payment.
2.12. Pickoose cannot guarantee the faithful representation or validity of the data on age, nationality and identity of Visitors and Users. To avoid any misunderstandings, the Customer agrees to communicate with potential Expert independently before entering into a transaction with him to clarify all important issues.
2.13. Pickoose shall not be responsible for any content (including, but not limited to, data, text, information, usernames, graphics, images, photographs, profiles, audio, video) and links posted and published by the Users on the Website.
2.16. Unless otherwise agreed between the User and Pickoose, this Agreement may not be terminated unilaterally by the User. A request to terminate this Agreement may be sent by the User at email@example.com for consideration by the Website User SupportService.
2.17. By entering into this Agreement, when using the Website and Pickoose Services the User agrees to comply with the applicable laws and to warrant the lawfulness and admissibility of the content posted by the User and Services offered in the relevant jurisdiction. He also warrants the legality of the Services proposed or ordered by the User and any other aspects related to such Services.
2.18. Pickoose is not involved, does not monitor and is not liable for payment, non-payment or settlements between Customers and Experts. All issues related to the payment of ordered Services shall be resolved solely between Customers and Experts.
2.19. Pickoose is not a party to the agreement between the Customer and the Experts, and shall not be liable for its performance and/or non-performance by the Expert or Customer.
2.20. Pickoose shall not be liable for any action of the Visitors, Website Users or third parties using the Website, or for any consequences of such actions.
2.21. Pickoose shall in no way participate in the provision of Services, the Tasks for which are posted via the Website, and shall not monitor the completion or performance of any Task or commitment of the Customers and/or Experts in respect of such Task.
2.22. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the same shall be without prejudice to the validity of the remaining provisions of the Agreement, which shall remain in force after occurrence of such facts.
3.1. The ability to make full use of the Website, including offering and ordering the Services on the Website is available to Website Visitors after registration as a Website User (registration of user account).
3.3. When registering as a Website User, the Visitor will be given an opportunity to select their role on the Website, depending on the purpose of its use. When registering as an Expert, the User will be offered an opportunity to create a personal profile and to describe the Service provided. When registering as a Customer, the User will be offered to create a Task to receive the Services.
3.4. Pickoose does not charge a fee for User registration on the Website.
3.5. Only persons who are at least 18 years old and can enter into binding arrangements in accordance with applicable laws are allowed to register on the Website and receive the right to use the Pickoose Services and the Website.
3.7. Persons under 18 years old may use the Pickoose Services and the Website only with the permission and under the supervision of their parents, legal guardians or trustees who are at least 18 years old. At the same time, the fully responsible Users will be parents, legal guardians or trustees of such persons.
3.8. By registering on behalf of and in the interests of a legal entity, the User hereby guarantees that he has the current and sufficient powers duly granted by the relevant legal entity to carry out legally binding acts on his behalf. Pickoose shall not be responsible for verifying such powers, the acts committed on behalf of such legal entity by the said representative, as well as for their eventual consequences.
3.9. Pickoose shall be entitled, at its sole discretion, to deny the User access to the Website and the Pickoose Services, as well as to change/set the eligibility criteria for Users at any time.
3.10. By registering on the Website you agree to provide true, accurate, current and most complete information which may be requested on the Website, including, but not limited to, a description of the offered or ordered Services, a valid e-mail address and payment details. You agree to regularly update such information in order to ensure their relevance.
3.11. After registration, the User will be assigned an account on the Website. When creating an account, a username and a password to access the Website under such user account will be set. The User’s registered email address will be used as a username to access his account on the Website. The password can be set by the User at his sole discretion.
3.12. The User is fully responsible for security, confidentiality and safe keeping of his username and password and for all activities and damage caused by improper storage of such data, their unauthorized use, and for any consequences which resulted or could have resulted from their use in such a manner. In the case of infringement of the confidentiality of the User’s username and password, and any unauthorized use of his username and password, the User is required to notify the Website Users Support Service immediately.
3.13. The User agrees that Pickoose cannot and will not be liable for any loss or damage caused by the User’s failure to maintain the confidentiality of his username and password. The User agrees not to permit the disclosure of his username and password to third parties, except Pickoose, without written permission of Pickoose.
3.14. The User shall be fully responsible for the transfer of rights and access to his account on the Website to third parties. The User will be responsible for all acts committed with the use of his account, username and password.
3.15. Pickoose reserves the right to freeze and/or delete uncommitted and inactive user accounts at its sole discretion after 12 months since the last authorization of such account at the Website. Pickoose shall not be liable for failure to provide the Pickoose Services and access to the Website to Users whose account has been frozen or deleted.
3.16. If the User provides false or incomplete information or Pickoose has a reason to believe that the information he provided is false, inaccurate or deliberately untrue, Pickoose shall be entitled to freeze and/or delete the User’s account unilaterally, and deny his use of the Pickoose Services and Website.
3.18. Registering as an Expert, the User hereby guarantees that he has the required experience, skills, knowledge, technical capacity, and authority to provide Services specified in the User profile, as well as the legality of such Services in accordance with applicable laws and international legal documents. Pickoose does not verify whether the User has the required experience, skills, knowledge, technical capacity and authority to provide Services specified in the User profile and shall not be responsible in the event of their absence.
3.19. Pickoose does not control and is not responsible for the legality and admissibility of the Tasks posted on the Website and/or the Services offered by the User.
3.20. The descriptions of Tasks or Services should not contain information offensive to third parties, any materials which are obscene, discriminatory, illegal, containing hatred, threats or provocations, calls for violence, violating copyrights of others or material which is misleading or encourages any unlawful action or supports any unlawful or immoral actions.
3.21. By posting information about the Services and about you as the Customer or Expert, the User realizes that all of the information and content is posted on the Website in the public domain and is available to any Visitor and/or User of the Website. Accordingly, the User understands and accepts, without exception, all risks associated with posting information and content on the Website, including, but not limited to, the risk of unauthorized copying, storage and use of such information by any third party.
3.23. The Customer agrees to place the Tasks only in the category/subcategory specially designated for this kind of Services according to the instructions on the Website.
3.24. The Expert agrees to place the Services only in the category/subcategory specially designated for this kind of Services according to the instructions on the Website.
3.25. By using the Website, Pickoose Services and posting any data or content on the Website (including but not limited to any photos, video, text description, logo, company name etc.) you grant Pickoose a license to use such data and content. Pickoose doesn’t claim any ownership to your data and content, but Pickoose has your permission to use it to help Pickoose function and grow. That way, Pickoose won’t infringe any rights you have in your data and content. You grant Pickoose a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your data and content to provide the Pickoose Services and to promote Pickoose or the Pickoose Services in general, in any formats and through any channels, including across any Pickoose Services or third-party website or advertising medium. You hereby agree that Pickoose will have the right to display your data and content on the Website for Pickoose Services promotion, including but not limited to your logo, name, company name etc. with respect of your use of Pickoose Services.
3.26. By posting any data or content on the Website, the User agrees that such information will not be considered confidential and provide Pickoose (its agents or affiliates) a non-exclusive, global, perpetual, irrevocable, free, non-transferable right to use, copy, store, disclose such materials to third parties at Pickoose discretion without the User’s prior consent.
3.28. The rules and procedure of using cookies and other similar instruments shall be governed by the Cookies Processing Policy, which shall form an integral part hereof.
3.29. Pickoose shall be entitled to disclose the User's identity to third parties appealing that any material/content posted by such Users in any way violate the intellectual property rights or the right to privacy of such third parties.
3.30. Pickoose shall not be responsible for any material/content posted by Users on the Website, including, for the legality of their posting, as well as for their unauthorized use, copying, and storage by third parties.
3.31. The User agrees that upon placement of any materials/content on the Website by the Users, Pickoose shall not be obliged to carry out a preliminary control of the materials/content (information, data, text, photographs, video, graphics, messages and other materials and their collections) to study the opportunity and admissibility of their posting on the Website, but at the same time Pickoose shall reserve the right, in its sole discretion, to refuse the posting of such materials/content, or remove them from the Website.
3.32. The User shall be personally responsible for any materials/content posted by him or by using his User account on the Website, any information he provides to the other Visitors and Users as well as for his interactions with such persons.
4.1. The User shall be personally responsible for his actions with respect to the Website, Pickoose and other Users, as well as data, text, information, graphics, photos, audio and video materials, Services, and links to external resources posted by the User on the Website.
4.3. Users agree not to post on the Website information on Services, the offering, ordering, payment and providing of which can be qualified as a violation of any laws and/or international regulations by the Website or Pickoose.
4.4. Acting as a Customer or Expert, the Users agree to comply with all applicable laws and regulations.
4.5. Pickoose shall be entitled to use all available means to protect its rights and interests, including, but not limited to, to suspend the posting of Tasks and Services or delete the posted Tasks and Services, materials or content related to such Tasks and Services without prior notice. Pickoose may temporarily freeze or delete the Users account, prohibit their access to the Website and take the technical and legal actions to deny the User’s access to the Website and providing of Pickoose Services in the event of:
- Pickoose’s reasonable suspicions that the User’s actions may entail legal responsibility and/or financial damage to Pickoose, Website Users and Visitors or service providers to the Website and other persons.
- not to send unsolicited, intrusive messages, spam, "chain letters", etc. to Pickoose and Users;
- not to modify or hack the Website or other online resources to misguide someone about the reference of these resources to the Website, their connection with the Website and/or Pickoose;
- not to commit actions of unauthorized copying, modification, use of materials and content posted on the Website;
- not to perform unauthorized actions for collection, storage, use or disclosure of Users’ personal information obtained by the User when using the Website or as a result of posting Tasks or providing Services;
- not to take any actions which may lead to the liability of Pickoose towards any party or which may cause a suspension or termination of services offered by third parties to Pickoose or Website Users;
- not to interfere with the Website operation, services available therein, Pickoose Services and other Users’ accounts;
- not to transfer or sell anyone your account on the Website or username and password to access the Website without the consent of Pickoose;
- not to register on the Website under another username and password, already being a registered User of the Website;
- not to duplicate the posting of Tasks and publications of Services already posted by the User on the Website;
- not to violate the commitments to provide the Services offered by the Expert, except in cases of the Customer’s default of the terms of payment set by the Expert for such Services, or if it is not possible to identify the Customer;
- not to use, apply or implement on the Website or in respect of the Website, Pickoose, Pickoose Services, other Users any malicious software, including, but not limited to, worms, viruses, Trojans, logic bombs and other means which could harm or be technologically dangerous for the Website or the abovementioned persons;
- not to attempt unauthorized access to the Website or the servers on which it is hosted, or any other servers, computers or database, other equipment and technological tools related to the Website and/or Pickoose;
- not to perform DoS-attacks and DDOS-attacks on the Website, Pickoose, Users’ pages;
4.7. These actions can be qualified as an offense entailing the punishment and sanctions provided for by law. In the case of such violations, Pickoose will be forced to apply to the competent authorities to enforce its rights and interests, as well as the rights and interests of the Users of the Website. In the case of the above actions, such User’s right to use the Website and Pickoose Services will be discontinued, and Pickoose will be entitled to disclose the User’s personal data and information to the competent authorities and persons as provided for by the applicable laws.
- services, the providing of which infringes the copyright, rights for trademarks or patents and/or related rights of third parties;
- services for the production of counterfeits and illegal duplicates of any goods (including, but not limited to the fake watches, handbags etc.) illegal copies of printed, audio and video products (for example, copies of books, software, movies or TV programs) violating the rights of third parties, services for production of weapons, ammunition, explosives, poisonous and toxic substances, pyrotechnic products, fireworks;
- escort services, intimate services, virtual dating;
- services exercising or guaranteeing any magic effect or impact, or designed for any magical or occult ritual or action, occult services;
- services connected with pornographic materials or actions of a sexual nature, child erotica and pornography;
- services promoting racial, religious, ethnic hatred or enmity;
- abusive services, including those related to the violence and/or brutality;
- services related to the surveillance and surreptitious obtaining of information (bugging) etc.;
- services related to the illegal use of databases containing personal information, services which can contribute to unsolicited mailing of spam messages;
- services related to the use of viruses or any other computer codes, files or applications designed to interrupt, destroy or limit the functionality of any computer or telecommunication equipment, applications for unauthorized access, regardless of medium, their content;
- any other services, the providing of which is not permitted or is prohibited by the applicable law;
- any services, the offer or order of which through the Website could harm the Website, Pickoose and/or other Users of the Website.
5.1. To become a Website Customer, the User needs to register and create an account as a Customer. Only Users who have chosen the role of the Customer shall be entitled to publish Tasks.
5.2. Posting the Tasks on the Website shall mean the publication posted by the Customer using the Website with the intention of receiving the Services for a fee with an indication of the detailed description of conditions for such Service providing, budget of Service, procedure, and terms of payment.
5.3. By posting a Task on the Website, the Customer represents and guarantees that he has all rights and powers for ordering and receiving such a Service, and such Task posting on the Website and such Service providing will not violate anyone's rights and/or the applicable laws.
5.4. To ensure the most accurate matching of Experts selected by Pickoose to Task conditions, the Customer must specify as much information as reasonably possible about the Task, procedure and cost of its provision in accordance with the instructions and forms available on the Website.
5.5. By posting the Task, its description and by using the Website in any other way, the Customer agrees not to violate the rights of third parties (including intellectual property rights), as well as to notify Pickoose about every case of infringement of his intellectual property rights by third parties that is connected to the Website known to him by sending an appropriate message to the Website Users Support Service. The Customer’s message will be reviewed within 48 hours.
5.6. The Customer shall, within 14 days upon receipt of the first Response from Experts, choose one of the Experts who responded. Otherwise, his Task will be cancelled and deleted from the Website.
5.7. The cost of Service provision specified in the Task description should correspond to the actual price for which this Task will be carried out by the Expert. The cost of Services can be changed in agreement with the Expert who responded to the Task.
5.8. After the Task completion and provision of the required Service, the Customer shall be entitled to leave a recommendation on the Expert.
6.1. To become a Website Expert, you need to register as a User and create an account as an Expert. Only Users who have chosen the role of the Expert shall be entitled to post the publications on Services. When Expert creates an account, he is automatically created and assingned on the Experts Account in Pickoose system, to account the funds, received from the experts as a payment for Pickoose service and display the actual current balance.The Experts Account funds can be used only to pay for the responses cost on requests.
6.2. Posting Services on the Website shall mean the publication posted by the Expert using the Website with an indication of the detailed description of the Service offered by him.
6.3. By posting the publication of Service on the Website, the Expert represents and guarantees that he has all knowledge, qualification, rights and powers required to provide the Service, and publication of Services posting on the Website as well as such the provision of such a Service will not violate anyone's rights and/or applicable laws.
6.4. By posting the Service, its description and by using the Website in any other way, the Expert agrees not to violate the rights of third parties (including intellectual property rights), as well as to notify Pickoose about every case of infringement of his intellectual property rights that is connected to the Website by third parties known to him by sending an appropriate message to the Website Users Support Service. The Expert’s message will be reviewed within 48 hours.
6.5. The cost of Service provision can be modified in agreement with the Customer, who posted the Task on the Website.
6.6. After the Task completion and provision of the required Service, the Expert shall be entitled to leave a recommendation on the Customer.
7.1. Pickoose selects experts on the basis of the information specified by the Customer in the Task for Service, as well as information indicated by the Expert in his profile.
7.2. Once the Customer posts a Task for the provision of Services, such a Task is sent for consideration to the Experts who posted their profile in the appropriate Service category.
7.3. As a result of search by parameters specified in the Task and Expert profile, Pickoose generates a proposal comprising max five (5) Experts, who are the most relevant to the Task parameters and who expressed their willingness to participate in Task performance by Response to the same.
7.4. The Expert’s Response to participation in selection of Experts for provision of Services in accordance with Task posted by the Customer Tasks is a paid service of Pickoose charged in accordance with Section 8. "PAYMENT FOR PICKOOSE SERVICES" hereof.
7.5. After review of the list of Experts who responded to the Task, the Customer shall be entitled to contact any of them through communication channels available on the Website, to specify the detailed conditions for provision of Services by such an Expert and to accept the offer of any of them, having confirmed its consent in accordance with instructions on the Website.
7.6. The Customer, implementing the Order for Service provision by the Expert, and the Expert, accepting the Task conditions and agreeing to provide the Services specified therein, thereby enter into a legally binding agreement (contract) with each other and assume mutual rights and obligations, the default or improper performance of which may have adverse consequences for the defaulting party.
7.7. Pickoose is not involved, does not control and is not responsible for payment, non-payment, and settlements between the Customers and Experts. All issues related to payment for the ordered and/or provided Services shall be settled solely between Customers and Experts.
7.8. Pickoose is not a party to the agreement made between the Customer and the Experts, and shall not be responsible for its performance and/or non-performance by the Expert or Customer.
7.9. Pickoose shall not be liable for any actions of the Website Visitors, Users or third parties using the Website and for any consequences of such actions.
7.10. Pickoose is not involved in any way in provision of Services described in the Task posted on the Website and does not control the completion or implementation of any Service or Customers’ and/or Experts’ obligations with respect to such Service.
7.11. The User agrees to fulfill his obligations to the other Website Users conscientiously in providing and/or ordering and receiving of Services.
7.12. Each Task posted by the Customer shall be considered an order for provision of the Service determined by such Task in accordance with the terms and description of such Task.
7.13. No order shall be deemed accepted by the Expert as long as Pickoose (acting as a commercial agent of the Expert) sends to the Expert an email confirmation of such Order. The contract between the Customer and the Expert is related exclusively to the Services specified in such email.
7.14. If a person who is not competent to carry out the actions indicated in the Task, including, but not limited to, those under 18 years old or having no rights, powers, competence, qualification, knowledge and/or experience sufficient to the proper provision of the Services will be selected for provision of Services by the Customer, neither the Website nor Pickoose shall be responsible for the actions of such persons, as well as the result of the Services provision and the eventual consequences.
7.15. The Users enter into relationships with the other Website Users solely at their own risk. Pickoose shall not be liable for any actions of the Website Visitors and Users. The Users agree to indemnify Pickoose from any claims, penalties, and liability in case of violation of their rights or infliction of damage to them by the actions of third parties, including, but not limited to, other Website Visitors and Users actions.
7.16. The User acknowledges and agrees to assume full responsibility for the legality of his actions while using the Website and Services under the applicable laws, as well as for the legality of Services ordered and offered by him on the Website.
8.1. Pickoose does not charge the Customers a fee for registration and posting Tasks on the Website, as well as for the selection of Experts for the performance of the Customer’s Task.
8.2. The Expert’s Response to participate in selection of Experts for the provision of a Service in accordance with the Task posted by the Customer is a paid Pickoose Service, the fees for which are charged by Pickoose in accordance with this section.
8.4. After registration as an Expert on the Website, Pickoose provides the Expert with an opportunity to post the first three (3) Responses to participate in selection of Experts according to the Tasks, posted by the Website Customers, for free. If the first or the second Response of the Expert receives a confirmation from the Customer on acceptance of such Expert’s conditions related to task performance, the remaining free Responses shall be cancelled.
8.5. Starting with the 4th (fourth) Expert Response, the fees for Pickoose Services related to review of such a Response will be charged at the rate provided for in the Price List referenced herein.
8.6. If the Response submitted by the Expert to participate in selection of Experts related to the provision of Services on a Task does not result in such Expert’s selection by the Customer as a contractor of the required Services, the Expert’s fee paid for the Response shall not be subject to return and shall be considered the property of Pickoose.
8.7. If, as a result of consideration of all Expert Responses to performance of the Task the Customer did not choose any Expert proposed by Pickoose, the cost of Response shall be repaid to each Expert within 30 days of the Response on Experts Account.
8.9. The Experts can pay for the Response to Task using available funds on the Experts Account and balance payment using payment systems, available on the Website.
8.10. To pay the Experts Account, Pickoose Service and associated costs, the Website offers the following payment methods:
- Portmone.com service (for payment with VISA and Mastercard cards) in accordance with the rules and tariffs of Portmone.com;
- Internet-banking service “Privat 24”;
- Privatbank terminals in accordance with the rules and tariffs of the Privatbank
Pickoose reserves the right to extend or reduce the list of the possible payment methods at its sole discretion.
8.11. When you pay an amount exceeding the cost of the Response, the remaining funds can’t be refunded and stay on Experts Account credit and may be used only by Expert to pay the further Expert Responses.
8.12. The Expert acknowledges and agrees that while carrying out individual payment transactions, the banking institutions and payment systems may charge a fee for their implementation. The Expert agrees to clarify the amount of such fees and how they are levied independently.
9.2. In some cases, there may be disputes between the Customers and Experts. The Users shall take all feasible and reasonable steps for independent dispute settlement by its parties using the tools available on the Website.
9.3. If the Users fail to settle a dispute, such a case can be transferred by the Users to the Website User Support Service at firstname.lastname@example.org or by means of the filling of an appropriate complaint and/or documents to the Website Users Support Service at: Narva mnt 13-27, Kesklinna district, Tallinn city, Harju county, 10151, Estonia.
9.5. The Website User Support Service may consider only those disputes which are related to the Tasks posted on the Website and recorded in the Website system, i.e. there is a confirmation that the Order was made through the Website.