Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
By accepting these terms & conditions you are entering a legally binding agreement between yourself and Picker.
Terms & conditions
1.1. The Picker mobile app (“Picker Platform”) is a community jobs marketplace that is operated by Maclaw No. 408 Pty Ltd T/As Picker, which provides a platform to facilitate the matchmaking of hospitality venues ("Employers") with Worker hospitality professionals (“Individuals”) who are looking for extra shifts and/ or ongoing employment. When this agreement refers to:(a) A “User” or “Users” includes both Employers and Individuals on the Picker Platform;(b) “You” includes both Employers and Individuals on the Picker Platform;(c) “Picker Services'' means the matchmaking of Employers and Individuals and includes any other services provided by Picker on the Picker Platform. The Picker Services may be reviewed and updated, changed or deleted from time to time; (d) “Individuals” may also be referred to as “Workers”; and (e) “Policies” means Picker’s Community Guidelines, Privacy Policy and Terms & Conditions.
1.2. Picker does not serve as an employer of any User on the Picker Platform and Users are in no way legally affiliated with Picker other than as may be described by the Terms & Conditions. Users agree that neither they nor Picker, intends to create a Worker relationship, partnership, joint venture, employer-employee, principal-agent or franchise relationship and thus no such relationships are created. Picker expressly disclaims any contract, tort or any statutory liability arising in any dispute between Users of the Picker Platform and we reiterate that Picker only provides the services on the Picker Platform to facilitate an employer to find an Individual who is seeking to perform the shift.
1.3. The Picker Platform provides sign up links for Users to create their own account via the Picker website, or by downloading the mobile app where they can use the in-app sign-up option. To complete the account creation, Picker must approve the User account first. At the discretion of Picker, they may limit the participation of Users. This may arise when, but not limited to if a User’s application is incomplete; if Picker does not operate in their location; the User is not legally entitled to perform shifts on the platform; or if there is no demand for a particular role competency on the Picker Platform.
1.4. These terms and conditions (‘Terms’) apply to the use of the Picker Platform and any Picker Services and Users agree to be bound by these Terms. These Terms may be reviewed and amended at any time. Notification of the amended Terms may be sent to Users by email or as a general notice posted to each Users account. The amended Terms will then take effect from the next time a User logs onto the Picker Platform. The continued use of the Picker Platform by any User is subject to the current Terms as amended from time to time and if any User does not agree with the amendments to the Terms, then that User must stop using the Picker Platform.
2. USING THE PLATFORM
2.1. An employer who needs a shift performed must first create an account with Picker. After Picker has approved the account, an employer may run a scan for available workers using the criteria role type, start time, shift duration, pay rate. From the scan results an employer can send a Hire Request. An employer may cancel the shift at any time before it is accepted. Picker may also act on behalf of an employer to cancel or send a Hire Request. If there are no response to a Hire Request it will expire of a determined period of time. An employer should be familiar with Picker’s Best Practice Guide before using the Picker Platform.
2.2. An Worker (“Individual”) who is seeking to perform a shift using our platform must first apply to join Picker. If Picker approves their application, the Worker must agree to these Terms & Conditions prior to using the platform. After they agree, they may review and respond to any Hire Requests. By accepting a Hire Request the Worker confirms that s/he is legally entitled to and capable of performing the services described in the Hire Request. An Worker may reject a Hire Request at any time before they accept a Hire Request from the Employer. An Worker should be familiar with Picker’s Best Practice Guide before using the Picker Platform.
2.3. After an Individual accepts the Hire Request from the Employer, both Users can communicate privately using each other’s mobile number.
2.4. It is the Employers responsibility to collect from the Worker any information and documentation necessary to comply and legally complete administration for the shift. Picker takes no responsibility for the Employer and Individual failing to perform their own administration to ensure all shifts are legal and comply with relevant legislation.
2.5. The Hire request will include the location of the Employer where the shift is being performed so it is visible to the Individual.
2.6. The Picker Services may be reviewed and updated from time to time.
3. PAYMENT
3.1. Workers are deemed employees of the Employer and it is the Employers responsibility to pay Workers directly. An employer must link a valid credit/ debit card to their account to gain access to Picker and fulfill the $45 per month access fee. Picker takes no responsibility for payment obligations for services performed and it is the Individual’s responsibility to follow up payment with the Employer (including superannuation contributions).
3.2. If the Employer or Individual want to cancel the Hire Request and there is no dispute between the Users, they may do so by informing one another via mobile numbers. In the event of an Individual “no-show”, the Employer should alert Picker of the “no-show”. In these cases Picker will follow up with both Users in accordance with the Best Practice principles.
4. INSURANCE
4.1. The Individual will be relying on cover provided by the Employer, Picker does not represent that the insurance offered by the Employer is adequate or appropriate for any particular User. Each Individual must make its own enquiries about whether any further insurance (such as Individuals compensation or general liability insurance) is required.
5. USER ACCOUNTS
5.1. All applications to join Picker must be made through the Picker Platform, or the sign up feature in the mobile phone app, with real and verifiable information. Picker may perform background checks and vet Individuals before accepting them on the Picker Platform. Picker User accounts can only be created in the name of an Individual. However, Employers including Owners and Managers may create a separate Employer account. No more than one Employer account is permitted per location.
5.2. Your account is your responsibility and cannot be sold or transferred. To create an account and use the Picker Services you must be able to form legally binding contracts under applicable law. Picker Services are not available to persons under 18 years of age. If you do not qualify to use the Picker Services, you must not use the services.
5.3. Your verified account must represent the Individual completing the shift and all personal details must be current and valid. While you are registered with Picker you must maintain control of your Picker account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
5.4. At its absolute discretion, Picker may refuse to allow any person to register or create an account with Picker or cancel or suspend any existing account.
6. USER’S OBLIGATIONS
6.1. All Users agree that at all times:(a) You will comply with this Agreement (including all Picker Policies) and all applicable laws and regulations;(b) You will post only accurate information on the Picker Platform;(c) You will promptly and efficiently perform all your obligations to other Picker Users under a Hire Request and to Picker under this Agreement;(d) all content (whether provided by Picker, a User or a third party) on the Picker Platform may not be used on third party sites or for other Employer purposes without Picker’s prior permission;(e) You will ensure that you are aware of any laws that apply to you as an employer or an Individual, or in relation to any other way(s) that you use the Picker Platform; and(f) You must not use the Picker Platform for any illegal or immoral purpose.
6.2. Each Employer warrants that at all times:(a) You must comply with the Australian Competition and Consumer Commission (ACCC) guide ‘Misleading job and Employer opportunity adverts: how to handle them’. This publication can be accessed at http://www.accc.gov.au/publications/misleading-job-and-Employer-opportunity-adverts-how-to-handle-them.(b) Any Position Vacancy that you upload to the Picker Platform does not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity.(c) The Hire Request and any terms and conditions of the Hire Request offered by the Employer to the Individual must comply with local legislation.(d) The Employer will provide a safe working environment for Individuals and comply with the relevant workplace health and safety legislation.
6.3. Each Individual warrants that at all times:(a) You have the right to work in the country and to provide services under a Hire Request; and(b) You will comply with your tax obligations in relation to any payment received under a Hire Request.
6.4. Each User grants to Picker an unrestricted, worldwide, royalty-free license to use, reproduce, modify and adapt any content and information posted on the Picker Platform for the purpose of including that material and information on the Picker Platform and as otherwise may be required to provide the Picker Service, for the general promotion of the Picker Service and as permitted by this Agreement.
6.5. Each User warrants that any information posted on Picker Platform must not, in any way whatsoever, be potentially or actually harmful to Picker or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Picker. Without limiting any provision of this Agreement, any information you Pickerly to Picker must be up to date and kept up to date and must not:(a) be false, inaccurate or misleading or deceptive;(b) be fraudulent or involve the sale of counterfeit or stolen items;(c) be defamatory, libellous, threatening or harassing;(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, anti-discrimination and trade practices/fair trading laws);(e) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;(f) be obscene or contain any material that, in Picker's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Picker Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
6.6. Each User agrees that when you enter into a Hire Request using the Picker Platform you create a legally binding contract with another Picker User unless the transaction is prohibited by law or by this Agreement (including the Picker Policies). If you do not comply with your obligations to another Picker User under a Hire Request, you may become liable to that other User. If another User breaches any obligation to you, you and not Picker are responsible for enforcing any rights that you may have with that User.
6.7. If Picker determines at its sole discretion that a User has breached any obligation under this clause 6, it reserves the rights to remove any content, offer of work or Posted Shift a User has submitted to the Picker Service or cancel or suspend the User account.
7. COMMUNICATIONS
7.1. By signing up to Picker, You agree and consent to be contacted by, and to receive and accept communications from Picker and authorised partners, representatives, and/or affiliates via different communication methods, including but not limited to push notifications, SMSs, emails, and/or phone calls. By consenting to being contacted, You understand and agree that You may receive communications on various subjects, including but not limited to: (1) transactional communications relating to Picker; (2) promotional or marketing communications; or (3) news concerning Picker or the hospitality industry. Message and data rates may apply. By agreeing to these Terms and Conditions you are consenting to be contacted and you represent that the contact details that You have provided to Picker are true and correct, and that You will promptly notify Picker if and when You stop using or change any of contact details.
7.2. To opt out of promotional or marketing material you can UNSUBSCRIBE from Picker’s marketing communications via links in the emails or by emailing Picker on support@Pickerapp.com. To opt out of SMS communications you can reply ‘STOP’ in the SMS message thread.
8. FEES
8.1. Registering and creating an account with Picker is free for workers and $25 per use for Employers.
8.2. Picker may from time to time change the Service Fees and the terms applying to their payment. Any change relating to the Service Fees is effective fourteen (14) days after Picker notifies you of that change by sending a message to your Picker account.
8.3. Picker may choose to temporarily modify the Service Fees, or the terms applying to their payment, in its sole discretion. Notification of temporary modifications will also be sent to your Picker account.
8.4. All fees and charges payable to Picker are non-cancellable and non-refundable, subject to your rights under any Non-Excludable Conditions (defined below).
8.5. If Picker introduces a new service on the Picker Platform, the fees applying to that service will be payable as from the launch of the service and will also be “Service Fees” under this Agreement.
8.6. The Individuals must not charge an employer Service Fee on top of the agreed price for the Services under the Hire Request.
9. HIRE REQUESTS, APPLYING & HIRING
9.1. A HIRE REQUEST must include the following details in order to be accepted by Picker:(a) Date, start and finish time;(b) Hourly rate: the hourly rate that the Employer is prepared to pay for the services required, including any shift loadings and entitlements; and(c) Role: role type.
9.2. A HIRE REQUEST will require the Individual to:(a) Perform all duties described in the HIRE REQUEST Shift to the best of your ability at all times;(b) perform any other duties that are usually performed by a person carrying out the role described in the HIRE REQUEST, which is consistent with your skills, training and experience; and(c) follow all reasonable and lawful directions given to you by the Employer, including complying with policies and procedures provided to you by the Employer at the commencement of the shift.
9.3. Service Fees do not include any fees that may be due to Third Party Service Providers. All Third Party Service fees must be paid pursuant to your separate agreement with the Third Party Service provider.
9.5. Employers must describe the service fully and accurately and include all terms of Picker that you want to apply, as well as any information required by law. HIRE REQUEST may only include text. You must have the legal right to use any content that you post. Picker may, in its sole discretion, remove any HIRE REQUEST for any reason.
9.6. In making an Application, an Individual agrees to provide the relevant services on the terms and conditions specified in the HIRE REQUEST (unless the Individual and the Employer agree to vary the terms and conditions in the course of negotiations, in which case the Individual must perform the services in accordance with the agreed timeframe and terms and conditions). Once an Individual accepts an offer from an employer, no further negotiations are permitted on the Picker Platform in relation to the provision of the relevant services. If, after the Individual accepts an offer from an employer, the Individual and Employer wish to discuss any other details related to the Shift (for example, confirming the duration of a Shift or uniform to be worn), they may contact each other directly.
9.7. If a Picker User wishes to complain about any review made on the Picker Platform, please either use platform functionality, or email Picker using the contact information on the Picker Platform
9.8. Individuals may choose not to accept any offer. Employers may withdraw any HIRE REQUEST at any time prior to an Individual accepting an offer from an employer.
9.9. A Picker User or Employer has no obligation whatsoever to make an offer on any HIRE REQUEST.
10. FEEDBACK
10.1. Picker is entitled to suspend or terminate your account at any time if Picker, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other Picker Users.
10.2. To continue to improve our Picker Platform, please let us know of any issues that you experience using a Third Party Service by contacting us at info@Picker.com.au
11. LIMITATION OF LIABILITY AND INDEMNITY
11.1. Except for liability in relation to a breach of any non-excludable condition, Picker's liability to any User of this service is limited to the lower of the total amount of fees paid by that User to Picker during the six month period prior to any incident causing liability of Picker, and five hundred dollars ($500).
11.2. Picker's liability to you for a breach of any non-excludable condition (other than a non-excludable condition that by law cannot be limited) is limited, at our option to providing again or paying the cost of providing again, services in respect of which the breach occurred.
11.3. Neither Picker, or its subsidiaries shall be liable for any of the following, whether based on tort, contract or any other area of law: Loss of trade, revenue, profits or other economic advantage; or Loss or inaccuracy of data. This limitation of liability includes any of the foregoing types of damages arising from your access or use of the Picker platform.
11.4. You agree to indemnify, defend, and hold harmless Picker and its officers, directors, agents, investors, and employees from and against all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage) or other demand of liability of any kind (including attorneys’ fees) and costs incurred by us in connection with any claim, cause of action, demand, lawsuit or action by a third party arising directly or indirectly out of or in any way connected with a) the Services, b) your failure to comply with the Terms and Conditions in any way, c) your submission of materials or content on the Services, d) any other activity in which you engage on or through or because of the Services, and e) any third-party claims, including, without limitation, those of any users or your interaction with any other user. You further agree that you will reasonably cooperate in the defence of any such claims.
11.5. In the event that you become involved in any dispute with one or more other users or Picker, you hereby release and forever discharge Picker and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or Picker.
12. DEFAULT IN TRANSACTIONS
12.1. If you, as an Individual or Employer, fail to complete a transaction and do not have a lawful excuse for such failure, then in addition to Picker's rights under this Agreement (including any Picker Policy) to suspend (temporarily or indefinitely) or terminate any User’s account, you may be in breach of your obligations to both Picker and the Individual or Employer with whom you are transacting under a Hire Request.
13. PRIVACY
13.1. Picker’s Privacy Policy, which is available at https://www.Picker.com.au/privacy, applies to all Users and forms part of this Agreement. Use of the Picker Platform confirms that you consent to and authorise the collection, use and disclosure of your personal information in accordance with Picker’s Privacy Policy.
13.2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a Third Party you must review and agree to their terms of service including their privacy policy.
14. NO WARRANTY
14.1. Except for liability in relation to any Non-Excludable Condition, the Picker Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our Pickerliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the extent allowed by law.
15. NO AGENCY
15.1. No partnership, joint venture, employee-employer, principal-agent or other similar relationship is created by this Agreement. In particular, you have no authority to bind Picker, its related entities or affiliates in any way whatsoever. Picker confirms that all Third Party Services that may be promoted on the Picker Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Picker specifically disclaims all liability for any loss or damage incurred by any Users in any manner due to the performance or non-performance of such Third Party Service.16.
NOTICES
16.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Picker's contact address (support@Pickerapp.com) as displayed on the Picker Platform or to Picker Users’ contact address as provided at registration. Any notice shall be deemed given:(a) if sent by email, 24 hours after email is sent, unless the sender is notified that the email address is invalid or the email is undeliverable, and(b) if sent by pre-paid post, three Employer Days after the date of posting, or on the seventh Employer Day after the date of posting if sent to or posted from outside Australia. In this section, "Employer Day" means a day on which banks are open for general Employer in Melbourne, Victoria, other than a Saturday, Sunday or public holiday.(c) Notices related to the performance of any Third Party Service must be delivered to such Third Party as set out in Third Party Service Provider terms and conditions.17.
ARBITRATION AND DISPUTE RESOLUTION
17.1. You agree to try and resolve disputes (including claims for returns or refunds) with other Picker Users directly, instead of filing a lawsuit in court (with the exception of below). Accordingly, you acknowledge and agree that Picker may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute. There could be disputes which, as a matter of law, may not be subject to this agreement.
17.2. You agree that Provision 17 is a licensing agreement governed by the Federal Arbitration Act (“FAA”), comprises a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in commerce within the meaning of Section 1 of the FAA. You agree that the FAA governs the interpretation and enforcement of Provision 16, and this applies to all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement. In the event the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
17.3. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Provision, including without limitation any dispute concerning arbitration. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative PAGA Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative PAGA Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. The Parties agree that any and all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver or Representative PAGA Action Waiver.
17.4. You agree that all disputes or claims will be resolved in individual arbitration. You agree that by entering into this Agreement, you waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against Picker, which are addressed separately below. This Class Action Waiver does not prevent You or Picker from participating in a classwide settlement that would resolve or release the relevant claims.
17.5. You agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), in any court or in arbitration, and for any claim brought on a private attorney general basis, including under the California PAGA. You agree that any such dispute shall be resolved in arbitration on an individual basis only, and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Action Waiver”).
17.6. Arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”), except as follows: Unless applicable law provides otherwise, as determined by the arbitrator, You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees; If You or Picker serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favourable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; or You and Picker agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees.
17.7. Entering into Provision 17 does not change Your status as a Worker in fact and/or in law.
17.8. Arbitration is not a mandatory condition of Your contractual relationship with Picker, and therefore You may opt out of this Mutual Arbitration Provision. In order to opt out, You must notify Picker by a notice emailed to Picker (support@Pickerapp.com) indicating Your intention to opt out.
18. TERMINATION
18.1. Either party may terminate an account and this Agreement at any time for any reason.
18.2. Termination of this Agreement does not affect any Hire Request that has been formed between Picker Users. If you have entered a Hire Request you must comply with the terms of that Hire Request including providing the services or paying the price as applicable.
18.3. Third Party Services are subject to Third Party Service provider terms and conditions.
18.4. Sections 6 (User Obligations), 8 (Fees), 11 (Limitation of Liability), and 17 (Arbitration and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
19. GENERAL
19.1. This Agreement is governed by the laws of State and Country where you use Picker. The Users and Picker submit to the exclusive jurisdiction of the courts of their location per the Picker Platform.
19.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
19.3. This Agreement may be assigned or novated by Picker to a third party without your consent. In the event of an assignment or novation, you will remain bound by this Agreement.
19.4. This Agreement sets out the entire understanding and agreement between you and Picker with respect to its subject matter.
20.1. Picker may modify this Agreement and/ or the Policies (and update the Picker pages on which they are displayed) from time to time. Picker will send notification of such modifications to your Picker account. You should check that account regularly.
20.2. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Each time you use the Picker Platform in any manner after the expiry of that 30 day period or such other notice period notified to you, you acknowledge any changes to the Agreement (including the Policies) and confirm your agreement to be bound by the Agreement as it may have been varied.
20.3. If you do not agree with any changes to this Agreement (or any of our Policies), you must terminate your Picker account and stop using the Picker Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement and any Picker Policy cannot be amended except in writing signed by you and Picker.
21. SERVICE FEE SCHEDULE
21.1. The Access Fee paid by the Employer is $45 per month.
22. IN-APP PURCHASES
22.1. Generally. From time to time, Picker may offer products and services for purchase ("in app purchases") through iTunes or Google Play. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes that may be imposed on your payments, and you authorise Picker or the third party account, as applicable, to charge you. If you purchase an auto-recurring periodic subscription through an in app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
22.2. Auto-Renewal; Automatic Card Payment. Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.Objections to a payment already made should be directed Picker customer service. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may unconditionally withdraw your consent to automatic card payments at any time by going to Delete Account on Picker or the relevant third party account (iTunes or Google Play Store), but be advised that you are still obligated to pay any outstanding amounts. If you want to change or terminate your subscription, you will need to log in to your third party account (or Delete Account on Picker) and follow instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Picker application from your device. Deleting the Picker application from your device does not terminate or cancel your subscription; Picker will retain all funds charged to your Payment Method until you terminate or cancel your subscription on Picker or the third party account, as applicable.
22.3. Refunds. Generally, all charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. Purchases of Virtual Privileges are FINAL AND NON-REFUNDABLE. To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not Picker. To request a refund, go to iTunes, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at https://getPickerort.apple.com.If you subscribed using your Google Play Store account: please contact Picker customer service with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet). You may also mail or deliver a signed and dated notice which states that you, the buyer, are cancelling this agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: Picker, Attn: Cancellations, 5/1 Sanders Road, South Frankston 3199 VIC. If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such a refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund. You cannot cancel an order for delivery of digital content that is not delivered on a physical medium if order processing has begun with your explicit prior consent and acknowledgement that you will thereby lose your right of cancellation. This applies, e.g., to purchases of Virtual Privileges. That means that such purchases are FINAL AND NON-REFUNDABLE.
22.4. Pricing. Picker provides services to a diverse community of members. Our pricing structure may vary by region, length of subscription, bundle size, recent in-app promotions and other factors. We frequently test new features and price points to provide members with increased functionality and payment options should they choose to use them.
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