Terms of Service

January 4, 2017

By downloading and installing the PICKUP platform or using any software tools created by PICKUP you agree to the terms and conditions in this document and any modifications that may be made from time to time and found on our website, www.pickupnow.com.

Description of Service
PICKUP is a referral service that pairs consumers who need to move items with available driver-owned pickup trucks.  The service is on-demand and available only where drivers have been qualified by PICKUP NOW, Inc. to perform such services.

Service Capabilities
PICKUP drivers are available on-demand as supply allows.  Drivers may travel up to 50 miles each leg for a PICKUP run. Drivers will ensure loads are secure before initiating travel and will unsecure them at the arrival location. When you order a PICKUP, you are requesting one driver operating his own personally owned pickup truck.  He can assist you in loading and unloading, but if your objects are large and heavy, an additional Good Guy may be required.

Service Limitations
PICKUP cannot move hazardous materials, including pool chemicals, paint and solvents, flammable or explosive items, or anything designated by the Department of Transportation as Hazardous Materials.  PICKUP also cannot transport live animals or humans, illegal substances, or anything that may place a driver in conflict with Federal, State, or local laws or regulations.

A PICKUP MAY NOT CARRY PASSENGERS OR LIVE ANIMALS UNDER ANY CIRCUMSTANCES.

Guarantee of Goods
Your goods are guaranteed to arrive in the same condition as they were when they were picked up.  Existing damage will be noted and photographed by drivers prior to transport. Damage that occurs during transportation (from the time the goods are placed on the truck to the time they are removed) will be repaired or replaced by PICKUP NOW, Inc., up to $20,000 in value.

Items of extraordinary value or items that are irreplaceable should not be moved via PICKUP.

Driver Qualification
PICKUP’s most important job is ensuring that the drivers in the network have been vetted and qualified and drive pickup trucks that are owned and insured by the named driver.  The Company sources members of the community, including military veterans and firefighters.  Each driver must pass a multi-point qualification, which includes a background check, driving record review, insurance, truck suitability, and other factors.  The customer can expect a Good Guy with a pickup truck for every run.

Pricing and Charging
Pricing is dependent on the following factors:  Location of pickup address, distance traveled, duration of time (inclusive of loading, transit, unloading time), load size, and load weight.  Other factors that may be charged are fuel support charges (in the event of fuel price spikes), tolls encountered en route, additional labor, and equipment charges or fees (e.g. disposal of items) if requested by the customer.  The standard pricing for Instant Delivery is $49 per driver but may vary by location of pickup address, flights of stairs and item(s) delivered. Billing starts when the driver arrives at the first pickup location and stops when all services are completed at the final delivery location. Payments are conveniently handled by entering your credit or debit card in the app or on our secure website.  Charges are processed only after delivery is completed. Tips are paid 100% to your driver (net of transaction processing fees).

Estimate Limitations
PICKUP provides non-binding estimates of pricing and delivery times for drivers.  Actual charges may vary based on factors outside of the Company’s control, such as but not limited to weather and traffic conditions, store loading wait times, customer special requests, and other unexpected barriers to loading or unloading that may or may not have been communicated to PICKUP.  CUSTOMERS ARE FULLY RESPONSIBLE FOR ACTUAL CHARGES THAT MAY VARY FROM THE ESTIMATE. Delivery times for drivers – including pre-scheduled times – are also non-binding estimates and may vary for the same or similar reasons.  CUSTOMERS SHOULD REASONABLY EXPECT VARIANCES OF UP TO 60 MINUTES FROM ESTIMATED OR PRE-SCHEDULED DELIVERY TIMES.

Stranding and Abandonment
Use of PICKUP services to strand or abandon items may result in a stranding and abandonment fee of up to $250.00.

Prohibited Use
There are a number of prohibitions for the use of PICKUP services. The following cases are specifically prohibited:

  • ABSOLUTELY NO CARRIAGE OF ANY PERSON in pickup cab or bed for any distance or reason ever.
  • ABSOLUTELY NO CARRIAGE OF ANY ANIMAL in pickup cab or bed for any distance or reason ever.
  • No articles of exceptional value (antiques, fine art, jewels/jewelry, gold or other precious metals). Items are insured for replacement value up to $20,000, and any value over this amount is considered exceptional value.
  • NO Hazardous Materials as fully defined by FMCSA Hazardous Materials Regulations which includes but is not limited to: explosives, gases, flammable liquids, flammable solids, poisonous or infectious substances, radioactive material, corrosives. For a full list of prohibited items, see the FMCSA Regulations.
  • NO firearms, ammunition or other explosive materials.
  • NO illegal goods.

Risk and Insurance
Each driver will drive their own pickup truck that is personally registered in their name and is insured to State requirements.  Consumer goods transported in the pickup are covered by a separate policy paid for by PICKUP.  Goods and other property that are damaged as a result of improper packaging for transport in a pickup truck (such as, but not limited to, televisions and other sensitive electronics) may not be covered at PICKUP’s sole discretion. It is your responsibility to insure that items are reasonably packaged and prepared for moving in a pickup truck.

Customer Service
To report a problem or request information about any topic, please email support@pickupnow.com.

Your Information
Your information may be used only to provide better service for you. You also agree that by installing and using the PICKUP app, you have opted into our customer communications and may receive emails, text messages, or push notifications from PICKUP NOW, Inc. You may unsubscribe from these communications at any time.

Eligibility
Our Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law in the United States. You must be over the age of 18, and have lawful citizenship or eligibility to perform work in the United States.  By using the Platform, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.

You are the sole authorized user of Your PICKUP account. You are responsible for maintaining the confidentiality of any password provided by or used by You.  You are solely and completely responsible for all transactions that occur using Your account and password.  PICKUP has no control over the use of any User’s account.  If You suspect that any unauthorized party may be using Your password or account or You suspect any other breach of security, You will contact PICKUP immediately.

Representations and Warranties
You agree that when using the PICKUP platform you will use the applications in their intended method and that you will not attempt to subvert the system or cause the PICKUP business model to be impaired or changed. You agree that you are using the PICKUP platform and services voluntarily and you agree to pay for any services you request when they are delivered to you.  Cancellation of a PICKUP run after the driver has been dispatched will result in a minimum non-refundable $25 cancellation fee.

Indemnification
YOU SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND PICKUP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND COSTS), WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO A) ANY BREACH OF ANY REPRESENTATION OR WARRANTY CONTAINED IN THIS AGREEMENT, B) ANY ACTION OR OMISSION ARISING FROM THE PERFORMANCE OF YOUR SERVICES UNDER THIS AGREEMENT INCLUDING PERSONAL INJURY OR DEATH TO ANY PERSON, INCLUDING YOU, C) LIABILITY FOR CIVIL OR CRIMINAL CONDUCT THAT HARMS ANOTHER PARTY, D) LIABILITY THAT OCCURS DUE TO USE OR MISUSE OF THE PLATFORM.

Governing Law
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in Dallas County, Texas, for any matter arising out of or relating to this Agreement.