Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Picko Platform, you agree to comply with and be bound by these Terms.

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, Block D1, 8/F, Hoi Bun Ind Bldg, 6 Wing Yip Street, Kwun Tong, HK.

Our collection and use of personal information in connection with your access to and use of the Picko Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Picko Platform ("Payment Services") are provided to you by Picko Payment as set out in the Payments Terms of Service ("Payments Terms").

Business Users alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Promotional Offers (as defined below). Business Users alone are responsible for identifying and obtaining any required licenses, permits, or registrations for any Promotional Offers they offer in a Campaign. Penalties, including fines or other enforcement, may apply in violating the Terms. If you have questions about how local laws apply to your Campaigns(s) and Promotional Offer(s) on Picko, you should always seek legal guidance.
1. Scope of Picko Services
1.1 The Picko Platform is an online marketplace that enables registered users (“Members”) who represent a business, company or other legal entity (“Business Users”) to create promotional campaigns (“Campaigns”) for Members who are customers (“Customer Users”) to redeem the offer(s) (“Promotional Offer”) stated in the Campaigns. Campaigns can be either online (redeem via a website or app) (“Online Campaigns”) or offline (redeem in a physical store) (“Offline Campaigns”), and are designated to help Business Users acquiring customers and sales. Other Picko Services include a Referral Program (as defined below) offered in all Campaigns for Customer Users to earn a monetary reward (“Referral Fee”) by referring friends to redeem Promotional Offer(s) on Picko Platform. You undertake to comply with all applicable laws and regulations in connection with your use of Picko Services.

1.2 As the provider of the Picko Platform, Picko does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Promotional Offers. Business Users alone are responsible for their Promotional Offer(s). When Members redeem or accept a Promotional Offer, they are entering into a contract directly with each other. Picko is not and does not become a party to or other participant in any contractual relationship between Members. Picko is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Picko has no control over and does not guarantee (i) the existence, quality, suitability, or legality of any Promotional Offers, (ii) the truth or accuracy of any Campaign descriptions or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Picko does not endorse any Member or Promotional Offer. Any references to a Member or Campaign being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Picko about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to visit the location(s) of a Business User, redeem any Promotional Offers with a Business User, accept a request from a Customer User, or communicate and interact with other Members, whether online or in person.

1.4 To promote the Picko Platform and to increase the exposure of Campaigns to potential Members, Campaigns and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Campaigns and other Member Content may be translated, in whole or in part, into other languages. Picko cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Picko Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.5 The Picko Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Picko is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Picko of such Third-Party Services.

1.6 Due to the nature of the Internet, Picko cannot guarantee the continuous and uninterrupted availability and accessibility of the Picko Platform. Picko may restrict the availability of the Picko Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Picko Platform. Picko may improve, enhance and modify the Picko Platform and introduce new Picko Services from time to time.
2. Eligibility, Using the Picko Platform, Member Verificatio
2.1 In order to access and use the Picko Platform or register an Picko Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 Picko may make access to and use of the Picko Platform, or certain areas or features of the Picko Platform, subject to certain conditions or requirements, such as completing a verification process, or meeting specific quality or eligibility criteria.

2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.4 The access to or use of certain areas and features of the Picko Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Picko Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Picko Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.5 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Picko Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
3. Modification of these Terms
Picko reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Picko Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least fourteen (14) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Picko Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 You must register an account ("Picko Account") to access and use certain features of the Picko Platform, such as creating a Campaign or redeeming a Promotional Offer. If you are registering a Picko Account for a business organization or other legal entity (“Business Account”), you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You must provide accurate, current and complete information during the registration process and keep your Picko Account and public Picko Account profile page information up-to-date at all times.

4.3 You may not register more than one (1) Picko Account unless Picko authorizes you to do so.

4.4 You are responsible for maintaining the confidentiality and security of your Picko Account credentials and may not disclose your credentials to any third party. You must immediately notify Picko if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Picko Account. You are liable for any and all activities conducted through your Picko Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
5. Content
5.1 Picko may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Picko Platform ("Member Content"); and (ii) access and view Member Content and any content that Picko itself makes available on or through the Picko Platform, including proprietary Picko content and any content licensed or authorized for use by or through Picko from a third party ("Picko Content" and together with Member Content, "Collective Content").

5.2 The Picko Platform, Picko Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Picko Platform and Picko Content, including all associated intellectual property rights, are the exclusive property of Picko and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Picko Platform, Picko Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Picko used on or in connection with the Picko Platform and Picko Content are trademarks or registered trademarks of Picko in Hong Kong and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Picko Platform, Picko Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Picko Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Picko or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Picko grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to download and use the Application on your personal device(s).

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Picko Platform, you grant to Picko a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Picko Platform and its Campaigns, in any media or platform. Insofar as Member Content includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Picko does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 You are solely responsible for all Member Content that you make available on or through the Picko Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Picko Platform or you have all rights, licenses, consents and releases that are necessary to grant to Picko the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Picko use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Picko’s Content Policy or any other Picko policy. Picko may, without prior notice, remove or disable access to any Member Content that Picko finds to be in violation of applicable law, these Terms, or otherwise may be harmful or objectionable to Picko, its Members, third parties, or property.

5.8 Picko respects copyright law and expects its Members to do the same.
6. Service Fees
6.1 Picko may charge fees to Business Users ("Service Fees") in consideration for the use of the Picko Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fee page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Business User prior to creating and submitting a Campaign. Picko reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any active Campaigns published prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees you owe to Picko. The applicable Service Fees (including any applicable Taxes) are collected by Picko Payment. Any Referral Fees, Referrer Provision Fees and Online Cashback (as defined below) due to Customer Users are included in the Service Fees collected by Picko Payment. Except as otherwise provided on the Picko Platform, Service Fees are non-refundable.
7. Terms specific for Business Users
7.1 Terms applicable to all Campaigns

7.1.1 When creating a Campaign through the Picko Platform you must (i) provide complete and accurate information about your Promotional Offer(s) (such as caption, promotional photo, description, terms of use, location, and calendar availability), (ii) disclose any deficiencies, restrictions and requirements that apply upon the redemption of Promotional Offer(s) by a Customer User (such as any minimum age or minimum spending amount) and (iii) provide any other pertinent information requested by Picko.

7.1.2 When you accept a request from a Customer User to use the Promotional Offer(s) at the specified location(s) (“Offer Redemption”), you are entering into a legally binding agreement with the Customer User and are required to provide the Promotional Offer(s) to the Customer User pursuant to the descriptions and terms of use of the Campaign, provided that the Campaign’s terms of use have been fulfilled by the Customer User, and irrespective of whether the customer acquisition target of the Campaign (“Customer Acquisition Target”) has been reached and therefore making the Campaign unavailable for the verification of Customer User’s use of the Promotional Offer(s) on the Picko Platform. When the Customer Acquisition Target of the Campaign is reached, you have no obligation to perform an Offline Offer Verification (as defined below) or Online Cashback Verification (as defined below) on the Picko Platform, except if a request to redeem was already accepted in either oral or written format, you must continue to offer and apply the Promotional Offer(s) to the eligible Customer User(s) at one of the location(s) specified in the Campaign, independent of the Picko Platform. You however agree to pay the Service Fees and Taxes where applicable.

7.1.3 The placement and ranking of Campaigns in search results on the Picko Platform may vary and depend on a variety of factors, such as Member search parameters and preferences.

7.1.4 Shall Picko or any Members agree to promote your Campaign (such as through the Referral Program), it will be (i) within the calendar period you specified, or (ii) until the Customer Acquisition Target is reached, or (iii) until the Campaign is terminated.

7.1.5 The Promotional Offer(s) should be made available during the calendar period specified in the Campaign. In the case where there is no specified expiration date of the Campaign, the Promotional Offer(s) should be made available always.

7.1.6 Each Promotional Offer must not have a pre-defined or internal redemption quota or limit which is smaller than the Customer Acquisition Target of your Campaign.

7.1.7 If you are unable to fulfill any of the stated Promotional Offers during any point of the Campaign’s calendar period or while the Campaign is still active, you must immediately inform Picko and the Customer Users who have already fulfilled the requirements on the redemption of the Promotional Offer(s), such as completing a transaction with a minimum amount spent. Failure to report to Picko may result in an early termination of your Campaign and other penalty at the sole discretion of Picko without prior notice. Picko shall not be responsible or liable for any loss or damage of any kind arising directly or indirectly (including special, incidental or consequential loss or damage) from your failure to fulfill any of the stated Promotional Offers pursuant to the terms of use of the Promotional Offer.

7.1.8 If there is a conflict between the terms of use specified in the Campaign and the terms specified elsewhere (such as your business website or premise(s)) regarding your marketplace, services, or products, the former terms and conditions will take precedence, unless specified otherwise in the former terms and conditions.

7.1.9 You represent and warrant that any Campaign you submit and the redemption of Promotional Offer(s) by a Customer User will (i) not breach any agreements you have entered into with any third parties, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

7.1.10 Any transactions between you and Customer Users will be taken place at the location(s) specified in the Campaign, using payment method(s) provided by you. Picko is not responsible for collecting any payment on your behalf.

7.1.11 You are the sole party responsible for creating, drafting and reviewing the terms of use when creating a Campaign and enforcing those terms with Customer Users. The terms template(s) provided on the Picko Platform does not constitute any legal advice by Picko, and should be used at your sole discretion. We are not responsible nor liable for any legal repercussion and/or any loss or damage of any kind arising directly or indirectly (including special, incidental or consequential loss or damage) from the terms of use you create and adopt.

7.1.12 You are not allowed to remove a published Campaign at any time unless it has no history of Offer Redemption, Online Cashback Request, or accepted Referrer. If you want to remove a published Campaign for whatever reasons, you must seek approval from Picko, which may result in the suspension or termination of your Picko Account and the incurrence of any Service Fees payable to Picko.

7.1.13 Picko may at its sole discretion, without prior notice, remove or disable access to any Campaign that Picko finds to be in violation of applicable law, these Terms, or otherwise may be harmful or objectionable to Picko, its Members, third parties, or property.

7.2 Offline Campaigns

Once a Customer User requests an Offer Redemption, or the Promotional Offer(s) has been applied to a Customer User at one of your specified locations, you are required to verify the Offer Redemption through the available verification methods (“Offline Offer Verification”) (such as scanning a QR code or entering a passcode) provided on the Picko Platform, given that the Customer User has fulfilled the Campaign’s terms of use. Any attempt to bypass or neglect an Offline Offer Verification, or mislead or bribe other Members into such negligence, to circumvent any Service Fees or for any other reason, may result in fines, penalties, or/and termination of your Picko Account at the sole discretion of Picko without prior notice. More information about the fines and penalties can be found on our Service Fee page under the Other Charges section.

​ 7.3 Terms applicable to Online Campaigns

7.3.1 You are required to perform and complete, within seventy-two (72) hours, a verification on all the Customer Users’ submissions of their online transaction details (“Online Cashback Request”), the acceptance of which involves a monetary reward distributed by Picko (“Online Cashback”) to the Customer User (“Online Cashback Verification”) on your behalf. Otherwise, the Online Cashback will be deemed to be accepted after such period, which will incur Services Fees. You must accept or reject a submission within 72 hours and in accordance with the terms of use specified in the Campaign. In case of a dispute between you and any Customer User, Picko reserves the right to accept an Online Cashback Request in accordance with the Terms and the terms of uses agreed to the Customer User in the Campaign.

7.3.2 You understand that your Online Campaign will only become inactive and closed for public submission when the total number of accepted Online Cashback Requests equals to the Customer Acquisition Target of the Campaign. Irrespective of whether the total number of accepted Online Cashback Requests exceeds the Customer Acquisition Target of the Campaign, you must perform and complete an Online Cashback Verification on all submitted Online Cashback Requests in line with terms specified in 7.3.1, which may incur Services Fee(s) outside of your scheduled Customer Acquisition Target.

7.3.3 You are responsible for checking any incoming Online Cashback request on the Picko Platform, except in the event where Picko Services become unavailable. As a Member, you are advised to turn on necessary notification services (such as Picko Platform notification) and to check your notification centre regularly. If you experience any technical difficulty to get notified of your activities on the Picko Platform, you should seek assistance from Picko at once.

7.3.4 Any attempt to bypass or neglect any Online Cashback Verification, or mislead or bribe other Members into such negligence in order to circumvent any Service Fees, may result in fines, penalties, or/and termination of your Picko Account. More information about the fines and penalties can be found on our Service Fee page under the Other Charges section.

7.4 Referrer Applications

Customer Users may apply to become a Referrer through submitting reasons and/or proofs (such as their previous purchase record or current membership number) on the Picko Platform for you to review and approve at your sole discretion. You may also choose to automatically accept any Customer User who applies to become Referrer by using the feature(s) made available to you at your sole discretion and own risk. Picko is not responsible or liable for any repercussion and/or any loss or damage of any kind arising directly or indirectly (including special, incidental or consequential loss or damage) from your decision to accept a submission or to exercise the automatic acceptance feature(s).

7.5 Referral Program

7.5.1 Referral Program enables Members to promote your Campaign(s) using the tools available on Picko, such as sharing a promotional message of your Campaign on their social networks. Picko is not responsible or liable for any repercussion and/or any loss or damage of any kind arising directly or indirectly (including special, incidental or consequential loss or damage) from Members’ promotions of your business or your Campaign(s).

7.5.2 If no valid Referrer is identified or provided by a referred Member, Picko will be the default Referrer and receive the scheduled Referral Fee out of the Service Fees charged to you.

7.6 Business Categories

When creating a Campaign through the Picko Platform you should select the category and sub-category (collectively “Business Categories”) that best describe the industry and price range of your business or organisation. In order to ensure your Business Account is registered with the Business Categories that are tied to a pricing model deemed fair and appropriate to Picko in consideration of the Picko Services provided, we reserve the right to modify your Business Categories.

7.7 Picko Business Credits

Picko Business Credits, as reflected in your Picko Account, will be automatically deducted by Picko before a Service Fee is billed and charged by Picko Payment.
8. Terms specific for Customer Users
8.1 Terms applicable to all Offer Redemptions and Online Cashbacks

​ 8.1.1 You can redeem the Promotional Offer(s) and/or Online Cashback listed in each Campaign by following the respective redemption process on the Picko Platform with the Business User and meeting all the requirements (such as Campaign’s terms of use) set by Picko and the Business User.

8.1.2 You should carefully review the description of any Campaign, Promotional Offer(s) and/or Online Cashback you intend to use or redeem to ensure you meet any minimum age or other requirements which the Business User has specified. In addition, certain laws, like the minimum legal drinking age in the Business User’s location may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Offer Redemption and/or a redemption of Online Cashback.

8.1.3 Upon making known to a Business User your intention to use the Promotional Offer(s) or your request for an Offer Redemption, a legally binding agreement is formed between you and the Business User, subject to any additional terms and conditions of the Business User that apply, including but not limited to the applicable return and refund policy and any rules and restrictions specified in the Campaign.

8.1.4 Prior to engaging the services of the Business User or transacting with a Business User, you are responsible for confirming and ensuring with the Business User the availability of the Promotional Offer(s) during your visit of the Business User’s location(s), as it may be subject to the remaining available quota on the Customer Acquisition Target of the Campaign. Picko is not responsible or liable for any of your losses resulted from the unavailability and/or any inaccurate statement of any Promotional Offers. Nor is Picko responsible or liable for claiming or recovering any of your losses or damage of any kind arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of any Promotional Offer.

8.1.5 You are encouraged to identify a valid Referrer and submit the username of the Referrer during your Offline Offer Verification or Online Cashback Verification process for a monetary reward (“Referrer Provision Fee”). You are provided with the information on the maximum possible Referrer Provision Fee. You understand that final calculation of a Referrer Provision Fee depends on a variety of factors including but not limited to the final spending amount you submit.

8.1.6 In case of a Business User attempt to bypass or refuse to verify your Offer Redemption and/or Online Cashback Request, you are encouraged to report such instance to Picko and receive a report fee.

8.2 Online Campaigns

Upon redeeming the Promotional Offer(s) of any Online Campaign, you are encouraged to submit an application for Online Cashback Verification, the acceptance of which will credit an Online Cashback to your account’s balance. You may be asked to submit additional proofs of your transaction or contract before your Online Cashback Request is accepted.

8.3 Terms applicable to Referral Program

8.3.1 You are eligible to participate in the Referral Program of a Campaign as a referrer (“Referrer”) and earn a Referral Fee credited to your Picko Account if: (i) you have successfully redeemed an Promotional Offer of an Offline Campaign on the Picko Platform; (ii) you have submitted an Online Cashback Request and the application is accepted; or (iii) you have fulfilled either (i) or (ii) with the same Business User before.

8.3.2 You may submit reasons and/or proofs (such as previous purchase record or current membership number) for Business Users to review and approve, the approval of which makes you a Referrer of the individual Campaign that you submit for.

8.3.3 You can earn a Referral Fee if a referred friend submits your username during the Offline Offer Verification or Online Cashback Verification process. You are provided with the information on the maximum possible Referral Fee on the Campaign page. You understand that the final calculation of a Referral Fee depends on a variety of factors such as the referred Customer User repeatedly redeems the Promotional Offers and/or Online Cashback.

8.3.4 You agree to use best efforts to refer Members to create account and redeem Promotional Offers on Picko. You agree nothing in your participation will be construed as establishing joint venture, partnership, agency or employment relationship between Picko and you. However, you may state that you are a Referrer who is encouraging Members to use on Picko.

8.3.5 If you choose to use the Picko Platform as a Referrer, your relationship with Picko is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Picko for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Picko. Picko does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the referrals. You acknowledge that you have complete discretion whether to participate in a Referral Program or otherwise engage in other business or employment activities.

8.3.6 Picko may suspend or terminate the Referral Program or a Member’s ability to participate in it at any time for any reason. We reserve the right to suspend accounts or forfeit your Referral Fee if we notice any activity that we believe is illegal, abusive, fraudulent, and/or in violation of the Picko Terms. We reserve the right to review and investigate all referral activities and to suspend accounts or modify referrals in our sole discretion as deemed fair and/or appropriate.

8.3.7 You agree and represent that you will use referral methods and techniques that people will appreciate and that are legal. You agree and represent that you will always be mindful to respect the privacy of others (i.e. do not spam), be honest, open, and transparent about who you are and what you are offering (i.e. do not mislead).

8.3.8 You are responsible for any Tax consequences, if any, that may result from your participation in the Referral Program(s), or earnings and/or use of Referral Fee(s) on Picko. Picko cannot and does not offer Tax-related advice to you.

8.4 Terms applicable to Referral Fees

8.4.1 Referral Fees are a form of credit rewarded by Picko for referring Campaign(s) to another Member. Once earned, Referral Fees will appear as balance on the referring Member’s earnings page. If for any reason you believe that there is a discrepancy regarding your balance of Referral Fees, please contact us. Picko reserves the right to require you to submit satisfactory proof in order to make a determination regarding your balance. All decisions regarding your balance will be final and at Picko’s sole discretion.

8.4.2 Referral Fees may not be earned by creating multiple Picko Accounts. Referral Fees accrued in separate Picko accounts may not be combined into one Referral Fee account.
9. Rounding off
Picko generally supports payment amounts that are payable from or to Members to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Picko’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Picko may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Members to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Picko may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
10. Taxes
10.1 As a Member you are solely responsible for determining your obligations to report, collect, remit or include in your Service Fees, Referral Fees, or Referrer Provision Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

10.2 Tax regulations may require us to collect appropriate Tax information from Members, or to withhold Taxes from payouts to Members, or both. If a Member fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
11. Prohibited Activities
11.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Picko Platform. In connection with your use of the Picko Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Picko Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Picko endorsement, partnership or otherwise misleads others as to your affiliation with Picko;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Picko Platform in any way that is inconsistent with Picko’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Picko Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Business User, any Promotional Offer that you do not yourself own or have permission to make available as a Campaign through the Picko Platform;
  • use the Picko Platform to apply a Promotional Offer or offer an Online Cashback independent of the Picko Platform, to circumvent any Service Fees or for any other reason;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • use, display, mirror or frame the Picko Platform or Collective Content, or any individual element within the Picko Platform, Picko’s name, any Picko trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Picko Platform, without Picko’s express written consent;
  • dilute, tarnish or otherwise harm the Picko brand in any way, including through unauthorized use of Collective Content, registering and/or using Picko or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Picko domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Picko Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Picko or any of Picko’s providers or any other third party to protect the Picko Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Picko Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Picko Platform;
  • export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

  • 11.2 You acknowledge that Picko has no obligation to monitor the access to or use of the Picko Platform by any Member or to review, disable access to, or edit any Member Content or Campaign, but has the right to do so to (i) operate, secure and improve the Picko Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content or Campaign that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Picko in good faith, and to provide Picko with such information and take such actions as may be reasonably requested by Picko with respect to any investigation undertaken by Picko or a representative of Picko regarding the use or abuse of the Picko Platform.​

    11.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Picko by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
    12. Term and Termination, Suspension and other Measures
    12.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Picko terminate the Agreement in accordance with this provision.

    12.2 You may terminate this Agreement and cancel your Picko account at any time by sending us an email. If you cancel your Picko Account as a Business User, any published Campaign(s) will be automatically removed and you are required to pay to Picko any outstanding bills, invoices and/or fees incurred by your account cancellation, including any Service Fees that may be implied to Picko in your active Campaigns. If you cancel your Picko Account as a Customer User, you are solely responsible for requesting and completing any Payout (as defined in the Payment Terms) on the remaining balance of your account via the Payment Methods (as defined in the Payment Terms), as it may become unavailable after account cancellation. If you have any difficulty requesting a Payout, you should seek assistance from us before the account cancellation.

    12.3 Without limiting our rights specified below, Picko may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

    12.4 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, the Payments Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) 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).

    12.5 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, the Payments Terms, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Picko Account registration, Campaign creation process or thereafter, (iv) you and/or your Campaigns at any time fail to meet any applicable quality or eligibility criteria, (v) you are repeatedly reported or Picko otherwise becomes aware of or has received complaints about your conduct, (vi) you have repeatedly failed to respond to Online Cashback Request(s) without a valid reason, or (vii) 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;
  • emporarily 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 Picko’s reasonable satisfaction.

  • 12.6 When this Agreement has been terminated, you are not entitled to a restoration of your Picko Account, any of your Member Content or any of your Campaigns. If your access to or use of the Picko Platform has been limited or your Picko Account has been suspended or this Agreement has been terminated by us, you may not register a new Picko Account or access and use the Picko Platform through an Picko Account of another Member.

    12.7 Sections 5 and 13 to 15 of these Terms shall survive any termination or expiration of this Agreement.
    13. Disclaimers
    If you choose to use the Picko Platform or Collective Content, you do so voluntarily and at your sole risk. The Picko Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

    You agree that you have had whatever opportunity you deem necessary to investigate the Picko Services, laws, rules, or regulations that may be applicable to your Campaigns you are receiving and that you are not relying upon any statement of law or fact made by Picko relating to a Campaign.

    You agree that some Campaigns may carry inherent risk, and by participating in such Campaigns, you choose to assume those risks voluntarily including but not limited to injury, illness, temporary or permanent disability, death and property damage or loss arising out of or in connection with such use. You assume full responsibility for the choices you make before, during and after your participation in a Campaign.

    The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
    14. Liability
    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Picko Platform and Collective Content, your creating or submitting of any Campaign via the Picko Platform, your stay at any location of a Business User, or any other interaction you have with other Members whether in person or online remains with you. Neither Picko nor any other party involved in creating, producing, or delivering the Picko Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Picko Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Picko Platform, or (iv) from your creating or submitting of a Campaign, including the provision or use of a Campaign’s Referral Program, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Picko has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
    15. Indemnification
    To the maximum extent permitted by applicable law, you agree to release, defend (at Picko’s option), indemnify, and hold Picko and its affiliates and subsidiaries, including but not limited to, Picko Payment, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms, (ii) your improper use of the Picko Platform or any Picko Services, (iii) your interaction with any Member, stay at the location of a Business User, participation in a Referral Program, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights.
    16. General Provisions
    16.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Picko and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Picko and you in relation to the access to and use of the Picko Platform.

    16.2 No joint venture, partnership, employment, or agency relationship exists between you and Picko as a result of this Agreement or your use of the Picko Platform.

    16.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

    16.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

    16.5 Picko’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

    16.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Picko’s prior written consent. Picko may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

    16.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Picko via email or Picko Platform notification.

    16.8 If you have any questions about these Terms please email us at info@picko.life
    Last updated: 12 October 2020
    Payments Terms
    Please read these Payments Terms of Service (“Payments Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By using the Payment Services (as defined below), you agree to comply with and be bound by these Payments Terms.

    These Payments Terms constitute a legally binding agreement (“Agreement”) between you and Picko Payment (as defined below) governing the Payment Services (defined below) conducted through or in connection with the Picko Platform.

    When these Payments Terms mention “Picko Payment,” “we,” “us,” or “our,” it refers to the Picko Payment company you are contracting with for Payment Services, which is Picko Limited.

    The Picko Terms of Service (“Picko Terms”) separately govern your use of the Picko Platform. All capitalized terms have the meaning set forth in the Picko Terms unless otherwise defined in these Payments Terms.

    In certain situations, customers may be required to enter into unique payment processing agreements with Picko Payment. To the extent that there is a conflict between these Payment Terms and terms and conditions set forth in any relevant payment processing agreement, the latter terms and conditions will take precedence, unless specified otherwise.

    Our collection and use of personal information in connection with your access to and use of the Payment Services is described in Picko’s Privacy Policy.
    1. Scope and Use of the Payment Services
    1.1 Picko Payment provides payments services to Members, including payment collection services, payments and payouts, in connection with and through the Picko Platform (“Payment Services”).

    1.2 Picko Payment may temporarily and under consideration of the Members’ legitimate interests (e.g., by providing prior notice), restrict the availability of the Payment Services, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of the Payment Services.

    1.3 The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms and conditions and privacy practices and Members should review them independently. Picko Payment is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Picko Payment of such Third-Party Services.

    1.4 You may not use the Payment Services except as authorized by United States law, the laws of the jurisdiction that is your country of residence, and any other applicable laws.

    1.5 Your access to or use of certain Payment Services may be subject to, or require you to accept, additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable for a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
    2. Key Definitions
    “Payout” means a payment initiated by Picko Payment to a Member for rewards (such as Referral Fees) earned in connection with the Picko Platform.

    “Payment Method” means a financial instrument that you have added to your Picko Account, such as a credit card, debit card, or Stripe account.

    “Payout Method” means a financial instrument that you have added to your Picko Account, such as a PayPal account, direct deposit, a prepaid card, or a debit card (where available).
    3. Eligibility, Member Verification
    3.1 You must be at least 18 years old and able to enter into legally binding contracts to use the Payment Services. By using the Payment Services you represent and warrant that you are 18 or older.

    3.2 Picko Payment may make access to and use of certain areas or features of the Payment Services subject to certain conditions or requirements, such as completing a verification process or meeting specific eligibility criteria.

    3.3 We may make inquiries we consider necessary to help verify or check your identity or prevent fraud. Towards this end, you authorize Picko Payment to screen you against third party databases or other sources and request reports from service providers. In some jurisdictions, we have a legal obligation to collect identity information to comply with anti-money laundering regulations. This may include (i) asking you to provide a form of government identification (e.g., driver’s license or passport), your date of birth, your address, and other information; (ii) requiring you to take steps to confirm ownership of your email address, Payment Methods or Payout Methods; or (iii) attempting to screen your information against third-party databases. Picko Payment reserves the right to close, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
    4. Account Registration
    In order to use the Payment Services, you must have an Picko Account in good standing. If you or Picko closes your Picko Account for any reason, you will no longer be able to use the Payment Services.
    5. Payment Methods and Payout Methods
    5.1 When you add a Payment Method or Payout Method to your Picko Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Picko Payment or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will depend on the particular Payout Method and may include:

    Your residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor.

    5.2 When you add or use a new Payment Method, Picko Payment may verify the Payment Method by authorizing a nominal amount or by authenticating your account via a third-party payment service provider. For further verification, we may also (i) authorize your Payment Method for one or two additional nominal amounts, and ask you to confirm these amounts, or (ii) require you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payout Method.

    5.3 Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing payments and Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Picko Payment is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method or Payout Method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using your Payment Method or Payout Method.

    5.4 You authorize Picko Payment to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your Picko Account.

    5.5 You are solely responsible for the accuracy and completeness of your Payment Method and Payout Method information. Picko Payment is not responsible for any loss suffered by you as a result of incorrect Payment Method or Payout Method information provided by you.
    6. Financial Terms for Customer Users
    6.1 General

    Generally speaking, Picko Payment will collect Services Fees from a Business User at the time the Customer User’s Offer Redemption or Online Cashback Request is verified and accepted by the Business User, which constitutes Customer User’s Referrer Provision Fee and Referral Fees.

    6.2. Payouts

    6.2.1 In order to receive a Payout you must have a valid Payout Method linked to your Picko Account. Picko Payment will generally initiate Payouts to your selected Payout Method only upon your request.

    6.2.2 The time it takes to receive Payouts once released by Picko Payment may depend upon the Payout Method you select and the Payout Method provider’s processing schedule. Picko Payment may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

    6.2.3 Picko Payment will remit your Payouts in the domestic currency of the region that your Picko Account is registered in. Amounts may be rounded up or down as described in the Picko Terms.
    7. Financial Terms for Business Users
    7.1 You authorize Picko Payment to charge your Payment Method the Service Fees for any redemption requested in connection with your Picko Account. Picko Payment will collect the Service Fees in the manner agreed between you and Picko Payment via the Picko Platform. Picko Payment will generally collect the Service Fees from you after you accept a Customer User’s Online Redemption or Online Cashback Verification request and when the aggregate Service Fees have been accrued to reach a minimum billing amount. Picko Payment may offer alternative options for the timing and manner of payment.

    7.2 Before you submit a Campaign, Picko Payment may obtain a pre-authorization via your Payment Method for the Service Fees, (ii) charge or authorize your Payment Method a nominal amount, to verify your Payment Method, or (iii) authenticate your account via a third-party payment service provider to verify your Payment Method.

    7.3 You authorize Picko Payment to perform the Payment Method verifications described in Sections 5 and 7, and to charge your Payment Method for any Offer Redemption or Online Cashback Request made in connection with your Picko Account. You hereby authorize Picko Payments to collect any amounts due, by charging the Payment Method provided, either directly by Picko Payment or indirectly, via a third-party online payment processor, and/or by one or more of the payment methods available on the Picko Platform.
    8. Appointment of Picko Payment as Limited Payment Collection Agent
    8.1 Each Member collecting payment for service rewards earned via the Picko Platform (such as Referral Fees, Referrer Provision Fees, or Online Cashback) (“Earning Member”) hereby appoints Picko Payment as the Earning Member’s payment collection agent solely for the limited purpose of accepting funds from Members requesting such services (“Requesting Members”).

    8.2 Each Earning Member agrees that payment made by an Requesting Member through Picko Payments, shall be considered the same as a payment made directly to the Earning Member, and the Earning Member will provide the requested services to the Requesting Member in the agreed-upon manner as if the Earning Member has received the payment directly from the Requesting Member. Each Earning Member understands that Picko Payment’s obligation to pay the Earning Member is subject to and conditional upon successful receipt of the associated payments from Requesting Members. Picko Payments guarantees payments to Earning Members only for such amounts that have been successfully received by Picko Payment from Requesting Members in accordance with these Payments Terms. In accepting appointment as the limited payment collection agent of the Earning Member, Picko Payments assumes no liability for any acts or omissions of the Earning Member.

    8.3 Each Requesting Member acknowledges and agrees that Picko Payments act as the Earning Member’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Earning Member. Upon your payment of the funds to Picko Payment, your payment obligation to the Earning Member for the agreed upon amount is extinguished, and Picko Payment is responsible for remitting the funds to the Earning Member in the manner described in these Payments Terms, which constitute Picko Payments’ agreement with the Requesting Member. In the event that Picko Payment does not remit any such amounts, the Earning Member will have recourse only against Picko Payments and not the Requesting Member directly.
    9. General Financial Terms
    9.1 Fees

    Picko Payment may charge fees for use of certain Payment Services and any applicable fees will be disclosed to Members via the Picko Platform.

    9.2 Payment Authorizations

    You authorize Picko Payment to collect from you amounts due pursuant to these Payment Terms or the Picko Terms. Specifically, you authorize Picko Payments to collect from you:

  • Any amount due to Picko (e.g., as a result of Offer Redemption, Online Cashback Request, or other actions as a Business User, Customer User, or user of the Picko Platform), including reimbursement for costs prepaid by Picko on your behalf, by charging any Payment Method on file in your Picko Account (unless you have previously removed the authorization to charge such Payment Method(s)) or by withholding such amounts from your future Payouts. Any funds collected by Picko Payment will set off the amount owed by you to Picko and extinguish your obligation to Picko.
  • Any amount due to a Earning Member from a Requesting Member which Picko collects as the Earning Member’s payment collection agent as further set out in Section 8 above.
  • Taxes, where applicable and as set out in the Picko Terms.
  • Any Service Fees imposed pursuant to the Picko Terms. Picko Payments will be entitled to recover the amount of any such fees from you.
  • Fees, costs and/or expenses associated with a Penalty Claim as set out in the Picko Terms. If Picko Payment is unable to collect from your Payment Method, you agree that Picko Payments may charge any other Payment Method on file in your Picko Account at the time of the Penalty Claim (unless you have previously removed the authorization to charge such Payment Method(s)). Picko Payment also reserves the right to otherwise collect payment from you and pursue any remedies available to Picko Payment in this regard in situations in which you are responsible for a Penalty Claim pursuant to the Picko Terms.

  • In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with your Payment Method, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.

    9.3 Refunds

    Picko Payment will process refunds after Picko’s verification and the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules.

    9.4 Payment Processing Errors

    We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original Payout to or payment by you, so that you end up receiving or paying the correct amount. This may be performed by Picko Payment or a third party such as your financial institution.

    9.5 Collections

    9.5.1 If Picko Payment is unable to collect any amounts you owe under these Payments Terms, Picko Payments may engage in collection efforts to recover such amounts from you.

    9.5.2 Picko Payment will deem any owed amounts overdue when for authorized charges, fourteen (14) days have elapsed after Picko Payments first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.

    9.5.3 Picko Payment will deem any overdue amounts not collected to be in default when one hundred and eighty (180) days have elapsed for authorized charges, after Picko Payment first attempts to charge the Member’s Payment Method or the associated services have been provided, whichever is later.

    9.5.4 You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail or by phone, as provided to Picko and/or Picko Payment by you. Such communication may be made by Picko, Picko Payment, or by anyone on their behalf, including but not limited to a third-party collection agent.
    10. Currency Conversion
    Picko Payment will process each transaction in the currency of the region that Member’s Picko Account has registered with. The currencies available to make and receive payments for any given transaction may be limited for regulatory or operational reasons based on factors such as the Member’s selected Payment Method or Payout Method and/or the Member’s country of residence. Note that a Member’s third-party payment service provider may impose transaction, currency conversion or other fees based on the currency or Payment Method the Member selects to make or receive payments, and Picko Payments is not responsible for any such fees and disclaims all liability in this regard.
    11. Prohibited Activities
    You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or the Picko Terms, Policies, or Standards;
  • use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
  • register or use any Payment Method or Payout Method with your Picko Account that is not yours or you do not have authorization to use;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Picko Payment or any of Zocial Payment providers or any other third party to protect the Payment Services;
  • take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  • 12. Intellectual Property Ownership, Rights Notices
    12.1 The Payment Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Payment Services, including all associated intellectual property rights, are the exclusive property of Picko, Picko Payment and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Payment Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Picko or Picko Payment used on or in connection with the Payment Services are trademarks or registered trademarks of Picko or Picko Payment in the United States and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with Payment Services are used for identification purposes only and may be the property of their respective owners.

    12.2 You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Payment Services, except as expressly permitted in these Payments Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Picko, Picko Payment, or its licensors, except for the licenses and rights expressly granted in these Payments Terms.
    13. Disclaimers
    13.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.

    13.2 Notwithstanding Picko Payment’s appointment as the limited payment collection agent of Earning Members for the purposes of accepting payments from Requesting Members through the Picko Platform, Picko Payment explicitly disclaims all liability for any act or omission of any Member or other third party. Picko Payment does not have any duties or obligations as agent for each Earning Member except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.

    13.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

    13.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
    14. Liability
    You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Picko Account in any way, you are responsible for the actions taken by that person. Neither Picko Payment nor any other party involved in creating, producing, or delivering the Payment Services will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Payments Terms, (ii) from the use of or inability to use the Payment Services, or (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, transact, or meet with as a result of your use of the Payment Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Picko Payment has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
    15. Indemnification
    To the maximum extent permitted by applicable law, you agree to release, defend (at Picko Payment’s option), indemnify, and hold Picko Payment and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) Picko Payment’s Collection; or (iv) your breach of any laws, regulations, or third-party rights.
    16. Termination, Suspension, and other Measures
    16.1 This Agreement will continue unless and until it is terminated, suspended or other measures are taken as described in this Section 16.

    16.2 You may terminate this Agreement at any time by sending us an email, or by following the termination procedures specified in the Picko Terms. Terminating this Agreement will also serve as notice to cancel your Picko Account pursuant to the Picko Terms.

    16.3 Without limiting our rights specified below, Picko Payment may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

    16.4 Picko Payments may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under this Agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Picko Payment believes in good faith that such action is reasonably necessary to protect other Members, Picko, Picko Payment, or third parties (for example in the case of fraudulent behavior of a Member).

    16.5 In addition, Picko Payment may limit or temporarily or permanently suspend your use of or access to the Payment Services (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 Payments Terms, the Picko Terms, applicable laws, regulations or third-party rights, (iii) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) any amounts you owe under these Payments Term are overdue or in default, or (v) Picko Payment believes in good faith that such action is reasonably necessary to protect the personal safety or property of Picko, its Members, Picko Payments, or third parties, or to prevent fraud or other illegal activity.

    16.6 In case of non-material breaches and where appropriate, you will be given notice of any measure by Picko Payment and an opportunity to resolve the issue to Picko Payments' reasonable satisfaction.

    16.7 If Picko Payment takes any of the measures described in this Section you may appeal such a decision by contacting customer service.

    16.8 If your access to or use of the Payment Services has been limited or this Agreement has been terminated by us, you may not register a new Picko Account or attempt to access and use the Payment Services through another Picko Account of another Member.
    17. General Provisions
    17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire Agreement between Picko Payment and you regarding the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Picko Payments and you regarding the Payment Services.

    17.2 No joint venture, partnership, employment, or agency relationship exists between you or Picko Payment as a result of this Agreement or your use of the Payment Services.

    17.3 If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

    17.4 Picko Payment’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.

    17.5 You may not assign, transfer, or delegate this Agreement and your rights and obligations hereunder without Picko Payment’s prior written consent. Picko Payment may without restriction assign, transfer, or delegate this Agreement and any rights and obligations, at its sole discretion, with thirty (30) days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

    17.6 This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third-party beneficiaries of this Agreement for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to this Agreement.

    17.7 Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be in writing and given by Picko Payment via email or Picko Platform notification.
    18. General Provisions
    The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf a business, company or other legal entity (in such event, for purposes of the Payment Terms, “you” and “your” will refer and apply to that business, company or other legal entity).

    18.1 You accept the Payment Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.

    18.2 You and your Representative individually affirm that you are authorized to provide the information described in section 5 above and your Representative has the authority to bind you to these Payment Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.

    18.3 You represent and warrant to us that: (i) you are duly organized, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement.

    18.5 For any Payout Method linked to your Picko Account, you authorize Picko Payment to store the Payment Method and take any other action as permitted in the Payment Terms in respect of the Payment Method.

    18.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third-party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see http://www.visa.com/cisp and https://www.mastercard.com/sdp.
    19. Contacting Picko Payment
    You may contact Picko Payment regarding the Payment Services using the information below:

    Picko Limited
    Block D1, 8/F, Hoi Bun Ind Bldg, 6 Wing Yip Street, Kwun Tong, Hong Kong
    info@picko.life
    Last updated: 12 October 2020
    What is the Picko service fee?
    To help Picko run smoothly, to promote your business and campaigns (including an incentive fee for others to refer your campaigns), and to cover the costs of the products and services we provide, we charge a service fee when a redemption is verified.
    Fees related to a campaign
    We have two different service fee structures for each acquisition of a customer or sale on Picko: offline acquisition fee and online acquisition fee, depending on the type of campaign being created.
    1. Offline acquisition fee
    Offline acquisition fee is a standard fixed fee charged to business users for each successful customer redemption of the promotional offer(s) of an offline campaign, depending on the business category and sub-category (please refer to the fee information displayed in your campaign creation). This fee covers the referral fee and the referrer provision fee due to a customer user or Picko, as well as any payment handling fees charged by third-party payment service providers. Any remainder will be a proceeds of Picko.

    Referral fee
    This fee usually accounts for 2/3 of an offline acquisition fee, and is distributed to a valid referrer who referred the campaign to another user. If no valid referrer is identified by the referred user, this fee will be credited to Picko which is the default referrer of any campaigns and promotions.

    Referrer provision fee
    This fee is 5% on the remaining offline acquisition fee (subtracting referral fee), and will be credited to referred users who identify a valid referrer.
    2. Online acquisition fee
    Online acquisition fee is charged to business users upon each successful customer redemption of the online cashback of an online campaign, based on a set of percentage pricings on customer’s transaction amount, which varies and depends on the business category and sub-category (please refer to the fee information displayed in your campaign creation). This fee covers the referral fee, the online cashback and the referrer provision fee due to a customer user or Picko, as well as any payment handling fees charged by third-party payment service providers. Any remainder will be a proceeds of Picko.

    Referral fee
    The referral cost of a campaign is usually 10% of sale, and is distributed to a valid referrer who referred the campaign to another user. If no valid referrer is identified by the referred user, this fee will be credited to Picko which is the default referrer of any campaigns and promotions.

    Referrer provision fee
    This fee is 5% on the remaining offline acquisition fee (subtracting referral fee and online cashback), and will be credited to referred users who identify a valid referrer.

    Online cashback
    This fee typically ranges from 33% to 45% of an offline acquisition fee, and is distributed to a customer user who completed and submitted valid transaction proof.
    Last updated: 12 October 2020