These Terms and Conditions (“T&Cs”) set forth the terms and conditions that you (“You,” “Your,” “Yourself” or “User”) must accept and agree to if You want to download, install, access or use the PlsReturnIt platform, whether via our website at www.plsreturnme.com
(“Website”) or any associated application, including the Business Portal (each an “App”), or API (collectively, the “PlsReturnIt Platform” or the “Platform”). These T&Cs, including those referenced herein, constitute a legal agreement among You and PlsReturnIt Inc. (collectively, “PlsReturnIt,” “we,” “us,” or “our”) and the other Users of the Platform. By accessing or using the PlsReturnIt Platform in any manner, You are acknowledging that You have read and understand these T&Cs and are agreeing to be bound by them.
As used in these T&Cs, the word “Sender” refers to any entity or individual who uses the PlsReturnIt Platform to return or send an item its owner, or to other independent service providers and/or who has a written agreement with PlsReturnIt to access and use the PlsReturnIt Platform to crowdsource independent service providers to perform Services (delivery services (“Delivery Services”), repair or cleaning services (“Repair or Cleaning Services”), lost item return (“Lost Item Return Services”), or resale, donation or end of life recycling services (“Resale, Donation or End of Life Recycling Services”)) or for whose benefit Services (Delivery Services, Repair or Cleaning Services, Lost Item Return Services, or Resale, Donation or End of Life Recycling Services)) are being performed. Similarly, a “Partner” is any entity or individual who forms an account on the PlsReturnIt Platform as a provider of Services and/or otherwise performs Services, including at the request of, or for the benefit of, an Item Owner. The time period in which Services are performed by a Service Provider, as well as the item(s) of personal property and goods being serviced by a Service Provider, are collectively referred to herein as a “Gig”.
An “owner” is any entity or individual who owns an item and requests Services via a Gig. A “service provider” is any entity or individual who receives a Gig or items contained in a Gig. All Users of the PlsReturnIt Platform, including Owners and Service Providers, are referred to collectively as “Users” herein.
PlsReturnIt reserves the right to modify these T&Cs or any of our policies relating to our Platform at any time, effective upon posting of an updated version of the T&Cs on our Website and/or on our App. You are responsible for regularly reviewing any updates to the T&Cs. Accessing or using the PlsReturnIt Platform after any updates to these T&Cs shall constitute Your consent to all changes made to the T&Cs in such update and Your affirmation of Your agreement to the updated T&Cs as a whole, whether or not PlsReturnIt provides You prior notice of such modifications.
I. THE PLSRETURNIT PLATFORM
Our Platform provides Owners and Service Providers with self-enabled services via one or more of PlsReturnIt’s proprietary Apps, including the ability:
to crowdsource independent service providers to provide Services and to receive electronic communication of services performed;
- to return lost items to their owners;
- to access individualized account dashboards to schedule and manage Gigs;
- to upload service orders or requests in bulk to be batched into consolidated Gigs using PlsReturnIt’s proprietary algorithm; and
- to sort multiple Gigs into batches using PlsReturnIt Business Portal (collectively, “PlsReturnIt Services”).
The PlsReturnIt Platform also enables Users to receive notifications of, and access to, requests placed by other Users on the Platform for Services, special offers, promotions, product information, and the ability to offer to perform those Services and/or schedule Gigs.
PlsReturnIt provides PlsReturnIt Services and Users provide Services. PlsReturnIt’s business of developing and operating a communications, logistics management and data analytics platform is separate and distinct from a Service provider’s business of providing Services. However, as the context requires, the PlsReturnIt Services and the Services may be collectively referred to herein as the “Services.”
PLSRETURNIT IS A COMMUNICATIONS AND LOGISTICS MANAGEMENT PLATFORM AND DOES NOT PROVIDE DELIVERY, REPAIR, CLEANING, RECYCLING, RESALE, DONATION, OR TRANSPORTATION SERVICES. PLSRETURNIT IS NOT A MOTOR CARRIER.
PROVIDERS ARE INDEPENDENT SERVICE PROVIDERS WHO CHOOSE TO USE THE APP IN ORDER TO RECEIVE ACCESS TO OWNERS’ REQUESTS FOR SERVICES AND DO NOT PERFORM SERVICES FOR PLSRETURNIT.
II. TERMS APPLICABLE TO ALL USERS
User Agreements, Representations and Warranties
Every time You access or use the PlsReturnIt Platform or receive or perform Services, You expressly agree, represent and warrant that, at the time of each such access or use:
You are legally entitled to and have the right, authority and capacity to enter into the agreements set forth in these T&Cs and to fulfill Your obligations herein.
Your use of our Platform is for Your sole use and You will not resell to a third party.
You will comply with these T&Cs, and all federal, state, and local laws and regulations, rules, and orders by any governmental authority with respect to Your use of our Platform, to the extent legally applicable to You (“Applicable Law”).
You will only create and maintain a maximum of two User accounts, one for personal use and one for providing services as a Service Provider as applicable
You will keep secure and confidential Your User account password or any other keys or identification which allows You to access our Platform.
You will provide PlsReturnIt with such proof of identity we reasonably request and will not impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation (actively or by omission) with any person or entity.
You will not represent Yourself to be an agent, subcontractor, representative, employee or affiliate of PlsReturnIt, or any affiliate of PlsReturnIt, or any of its direct or indirect subsidiaries or affiliates.
You will only access and use our Platform for lawful purposes and in accordance with all Applicable Law and will not use our Platform to promote or encourage any illegal activity, or to commit or assist in the commission of a crime.
You will keep in strict confidence and shall not access, disclose, or use for the benefit of Yourself or others, any and all third parties’ Confidential Information (as defined below), except in each instance, only as strictly necessary to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not collect or store any information, including Confidential Information, about any PlsReturnIt personnel, any other User (or their personnel), or any Gig recipient (or their personnel), except as specifically required to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not contact any PlsReturnIt personnel, any other User (or their personnel), or any Gig recipient (or their personnel) directly or outside of the Platform or once the Gig is complete unless strictly necessary to receive or perform Services as intended or carry out and perform Your obligations under these T&Cs.
You will not copy, or distribute text, graphics, images, music, software, audio, video, information, trademarks, logos, or other like materials related to our business or Platform unless specifically allowed by these T&Cs.
You will not access or use our Platform in any way that could cause harm, nuisance, annoyance, or inconvenience, or interfere with or negatively affect other Users from fully using or enjoying our Platform as intended.
You will not infringe the rights of any third party (including other Users and PlsReturnIt), including without limitation, their intellectual property, privacy, publicity or contractual rights.
You will not assist any third party in any of the above.
You agree that You will not discriminate against any User, PlsReturnIt personnel, recipient, or other third party based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under Applicable Law. All Users should feel safe and welcome and PlsReturnIt does not tolerate any discriminatory conduct from Users.
Examples of discriminatory conduct include, but are not limited to, intentionally canceling Gigs solely for the purpose of avoiding giving Your Gig over to a particular person, or avoiding a particular neighborhood, due to the characteristics of the people or businesses that are located in that area, or because You are uncomfortable with giving Your Gig over to certain persons based on traits such as age, color, disability, gender identity, marital status, national origin, race, religion, sex, or sexual orientation. Engaging in discriminatory conduct may lead to Your deactivation from the PlsReturnIt Platform.
Respect Others Policy
You agree that You will not stalk, intimidate, threaten, harass, cause physical or mental distress, or otherwise display any aggressive, confrontational, intimidating, threatening or harassing behavior toward or against any User, PlsReturnIt personnel, recipient, or other third party, including without limitation:
Hitting, hurting, or intending to hurt any person or animal, or threatening to do the same.
Using language or making gestures that could be disrespectful, harassing or threatening.
Assault, harassment, and misconduct, including sexual, of any kind. Assault includes any intentional bodily contact made without explicit consent of the other person, and sexual harassment and misconduct, includes without limitation, unconsented to advances, behaviors and remarks like nudging, whistling, winking or flirting, discussing Your own or someone else’s sex life, using explicit language, or making jokes about sex.
Disrespecting personal space and/or privacy, like standing unnecessarily close, or commenting on personal appearance, perceived gender identity, sexual orientation, or asking unrelated personal questions.
Failing to respect others may lead to Your deactivation from the PlsReturnIt Platform.
Keeping the PlsReturnIt Community safe, friendly and helpful for all means that all Users of our Platform have a responsibility to treat each other and all third-parties they encounter while using the Platform with respect and dignity.
ANY USER FOUND TO HAVE VIOLATED THE NON-DISCRIMINATION POLICY OR RESPECT OTHERS POLICY WILL LOSE ALL ACCESS TO AND USE OF THE PLSRETURNIT PLATFORM
When using the PlsReturnIt Platform to receive or perform Services, all Users may have access to the Confidential Information of third parties, including without limitation, that of PlsReturnIt, Item Owners, Service Providers, and/or Gig recipients as well as that of those third-parties’ respective personnel, contractors and customers. “Confidential Information” means all information, whether oral or written, and whether contained on electronic media or otherwise, to which a User is given or has access to, or is made available to the User in connection with their use of the Platform, including without limitation names, addresses, telephone numbers and any other information which may be used to distinguish or trace an individual’s identity, either alone or when combined with other personal or identifying information that is linked or linkable to a specific individual (“PII” or “Personally Identifiable Information”), and health information protected (“PHI,” and “Protected Health Information”) under the Health Insurance Portability and Accountability Act (“HIPAA”).
It is important to recognize that non-PII can become PII whenever additional information is made available — in any medium and from any source — if, when combined with other available information, it could be used to identify a specific individual.
BY USING THE PLSRETURNIT PLATFORM TO RECEIVE OR PERFORM SERVICES, ALL USERS MAY GAIN KNOWLEDGE OF THIRD PARTIES’ CONFIDENTIAL, PROPRIETARY, PERSONALLY IDENTIFIABLE AND/OR PROTECTED HEALTH INFORMATION.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU, AS A USER OF THE PLSRETURNIT PLATFORM, ARE SUBJECT TO A STRICT DUTY TO MAINTAIN THE ABSOLUTE CONFIDENTIALITY OF ALL SUCH CONFIDENTIAL AND PERSONAL INFORMATION AND YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES MAY YOU DISCLOSE SUCH INFORMATION TO ANY OTHER PERSON OR USE SUCH INFORMATION FOR ANY OTHER REASON THAN TO RECEIVE OR PERFORM SERVICES VIA THE PLSRETURNIT PLATFORM AS INTENDED.
If PlsReturnIt collects or uses Your personal information in connection with Your access to and use of the PlsReturnIt Platform, and/or our Services, such collection and/or use is described and governed by our
III. OWNERS’ RESPONSIBILITIES
Owners’ Agreements, Representations and Warranties
Prior to using any Services, You agree that you will have all right and authority to lawfully use the Services or otherwise have the full right and authority to contract for the Gig and send all items contained in a Gig.
You agree to specifically list and disclose all items contained in Your Gig and to not include any “Prohibited Items”.
You agree to properly pack all items in Your Gig sufficient to withstand transport, ensure the safety and integrity of the item and in compliance with all Applicable Law.
You acknowledge and agree to PlsReturnIt’s Open Box Policy (as set forth below) and will allow any Driver transporting an item sent through courier or on demand delivery (as opposed to through the United States Postal Service, UPS FedeX, or similar) to visually inspect all items in a Gig prior to departing with the Gig if applicable.
You acknowledge that Drivers and Service Providers are NEVER obligated to carry or service anything that has not been accurately described, or which has been modified in any way that compromises the safety of the Driver, Service Provider or any other User. If the Driver, Service Provider, or other User where applicable has not been given the right to inspect and agree, your Gig can be canceled without any penalty.
You acknowledge that Drivers, Service Providers and other Users of our site are not movers and do not deliver Gigs up or down stairs or inside a private residence and agree that neither You nor any Gig recipient will require or request a Driver, Service Provider or other User to deliver a Gig up or down stairs or inside a private residence and you will ensure that Your Gig recipient is aware of the same where applicable.
You acknowledge and agree that PlsReturnIt’s is not liable for loss, theft or damage to items in Your Gig.
You agree not to knowingly arrange for, or solicit, a Driver, Service Provider or other User to perform Gigs for You outside of the PlsReturnIt Platform; provided that nothing herein shall constrain Your ability to acquire services from providers or drivers via another platform or a delivery service and in connection therewith.
You agree not to enter any personal information, including PII, in written communications related to a Gig, including phone numbers or addresses and agree that all personal information should be entered in the appropriate sections indicated in the Platform when requesting Services.
You hereby agree to release, indemnify, defend, hold harmless, pay directly or reimburse upon demand PlsReturnIt and its parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, and Senders (“PlsReturnIt Indemnitees”) from and for any and all third-party liabilities, losses, damages, fines, civil penalties, settlements, judgments, costs and expenses (including without limitation reasonable attorney‘s fees and costs) (“Losses”) incurred in connection with any judicial or non-judicial claim, action, demand, suit, or proceeding asserted by a third party (including governmental entities) (collectively, “Claims”) arising directly or indirectly from, or as a result of or in connection with, Your or Your Personnel’s (i) acts or omissions in using the Services or taken in connection with the performance of Your obligations under these T&Cs, (ii) breach of the PlsReturnIt T&Cs; (iii) violation of any Applicable Law or the rights of any third party, including, without limitation, other Users of the PlsReturnIt Platform, Gig recipients, motorists, pedestrians and other third parties; and/or (iv) disclosing or using Confidential Information for any reason and in any manner except to receive Services hereunder as intended.
Cancellation of Gigs by Senders
If You need or want to cancel a Gig, please cancel Your request as soon as possible. This will notify the accepted Driver, Service Provider or other User and free them up to offer and accept other Gigs from other Senders. To cancel a Gig, message the Service Provider or other User via the relevant messaging option for a given item on the PlsReturnIt platform, or contact the PlsReturnIt support team (“PlsReturnIt Support”) as soon as possible or select “Cancel” within the PlsReturnIt web portal where applicable.
PlsReturnIt may charge an Owner or other User a fee (“Cancellation Fee”) if Owner or other User cancels the Gig once a Driver has started to drive to the Gig pick up location, or if the Driver cancels the Gig because the item(s) is not ready to be picked up upon the Driver’s arrival at the Sender’s pickup location, or the Sender did not provide an accurate pickup address, or the Gig contains a Prohibited Item. The Cancellation Fee is deducted from any payments made in Your account or out of your reward amount where applicable.
Open Box Policy and Packaging
Open Box Policy: PlsReturnIt encourages the use of no or minimal packaging both to promote sustainability and to prevent fraud and use of our Platform for illegal activities. When packaging is needed, desired, or required by shipping providers, You agree to comply with their requirements. An Open Box Policy means You should always leave packaging open so that a Driver can inspect the contents before taking a pick up photo and leaving with Your Gig. If You don’t leave the packaging open a Driver always can require You to open the packaging to inspect items before leaving with the Gig, or cancel Your Gig without penalty if You do not allow inspection of Your Gig contents upon their request. Every Driver has a right to know what they are taking along on their ride, and by using an Open Box policy You help us ensure that the PlsReturnIt Platform is not used to send Prohibited Items, including without limitation, illegal substances. Every Driver has a right to know what they are taking along on their ride, and by using an Open Box policy You help us ensure that the PlsReturnIt Platform is not used to send Prohibited Items, including without limitation, illegal substances. The Open Box Policy does not apply to Gigs likely containing PHI such as those containing medical equipment.
Packaging: Notwithstanding PlsReturnIt’s encouragement to use no or minimal packaging, You still have the responsibility to package items in Your Gig appropriately based on level of risk, fragility and other factors specific to the individual item, as determined by You. PlsReturnIt and Service Providers on the PlsReturnIt platform cannot know what packaging is necessary for any item You send. Please use Your best judgment when packing Your Gig as PlsReturnIt is not liable for loss or damage to any Gig if it is not properly packed to withstand the safety and integrity of the item during delivery or in compliance with all Applicable Law.
You hereby agree to release, indemnify, defend, hold harmless, pay directly or reimburse upon demand PlsReturnIt Indemnitees from and for any and all any and all Losses incurred in connection with any Claims arising directly or indirectly from, or as a result of or in connection with, Your or Your Helper’s or Personnel’s: (i) acts or omissions or misconduct in the performance of Services or Your other obligations under the T&Cs; (ii) breach of the PlsReturnIt T&Cs; (iii) violation of any Applicable Law or the rights of any third party, including, without limitation, other Users of the PlsReturnIt Platform, Gig recipients, motorists, pedestrians and other third parties; (iv) disclosing or using Confidential Information for any reason and in any manner except providing Services hereunder; (v) ownership, use or operation of a any vehicle used during the performance of Services; (vi) failure to have required and sufficient insurance, licenses, permits, training or other authorizations to provide Services; and/or (vii) failure to pay of all federal, state and local taxes, and other tax liabilities including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, assessments, and any contributions imposed or required under federal, state and local laws.
V. ACTIONS LEADING TO TEMPORARY LOCKS OR PERMANENT DEACTIVATIONS OF USER ACCOUNTS
Without limiting any other of its remedies at law or in equity, PlsReturnIt, in its sole discretion, may temporarily lock Your account and initiate an investigation potentially leading to Your permanent deactivation if:
You are suspected of breaching, or are credibly alleged to have breached, any of the T&Cs applicable to You, including any of Your User agreements, representations or warranties, or any of PlsReturnIt’s other policies governing Your use of the Platform;
we are unable to verify or authenticate any information You provide to us when using or receiving the Services;
we believe that Your actions may cause financial loss or legal liability to any other User, PlsReturnIt, its affiliates, or its third-party providers;
we suspect, we find, or it has been credibly alleged that You have engaged in fraudulent, illegal, dangerous or harmful activity in connection with Your use of or access to the PlsReturnIt Platform, or in connection with Your receiving or providing Services, including theft;
we receive a claim that items in Your Gig are missing or damaged;
Prohibited items are discovered in Your Gig;
If You are a Service Provider and You cancel Your Gigs after acceptance without reasonable cause;
If You are a Service Provider and You are a “no-show” to pick up or start Your Gig without reasonable cause;
You receive multiple complaints or low ratings, as a Service Provider or other PlsReturnIt platform User.
A User’s account will remain locked during the investigation of any incident or action for such time as PlsReturnIt determines is necessary, in its sole discretion. PlsReturnIt may reactivate any User whose account was temporarily locked in its sole discretion. If PlsReturnIt permanently deactivates Your account, You may be eligible for an appeal, as set forth below.
YOU HEREBY GRANT PLSRETURNIT PERMISSION AND THE FULL RIGHT AND AUTHORITY TO FULLY INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THESE TERMS (INCLUDING ALL DOCUMENTS AND AGREEMENTS REFERENCED OR INCORPORATED HEREIN) TO THE FULLEST EXTENT OF THE LAW, INCLUDING INVOLVING, COOPERATING OR DISCLOSING YOUR PERSONAL INFORMATION TO INSURANCE COMPANIES, PURSUANT TO A VALID SUBPOENA, AND LAW ENFORCEMENT AUTHORITIES IN CONNECTION THEREWITH.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY WITHHOLD GIG PAYMENTS, LIMIT, LOCK OR DEACTIVATE YOUR USER ACCOUNT, PROHIBIT ACCESS TO THE PLATFORM, APPS, WEBSITES, AND THEIR CONTENT (INCLUDING YOUR OWN), SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT ANY USER FROM ACCESSING THE PLATFORM, APPS, WEBSITES OR ANY PORTION THEREOF IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF THESE TERMS AND OTHER PUBLISHED PLSRETURNIT TERMS OR POLICIES.
PlsReturnIt does not make the decision to permanently deactivate a User’s account without a complete investigation. However, in some instances, we allow a User to appeal PlsReturnIt’s decision to permanently deactivate their account.
We will not accept appeals for certain deactivation decisions related to “zero tolerance” violations, such as criminal or fraudulent activity while using the Platform or breaches of the Non-Discrimination or Respect Other Policies.
Because it is impossible to anticipate the full range of reasons that could result in the permanent deactivation of a User’s account, ultimate determination of eligibility will be made by PlsReturnIt on a case-by-case basis. A User will be allowed only one appeal. All appeal decisions made by PlsReturnIt are final and not subject to further appeal.
You can find the full details of PlsReturnIt’s appeal process in the email You received notifying You of the deactivation of Your account. If You believe Your deactivation is eligible for an appeal, please submit Your appeal by following the instructions in Your deactivation email.
If Your account is permanently deactivated Your account information will be deleted in accordance with P
and You will be removed from the PlsReturnIt Platform and no longer have access to or use of the Platform. Permanent deactivation will cause You to lose Your user name and persona as well as any privileges, certifications, badges or other earned items associated with Your account. If Your account was not deactivated for cause, You may open a new account on the Platform. It will be considered a material breach of these T&Cs if a User who has been deactivated for cause, opens a new account on the Platform and such new account will be deactivated without notice or right to appeal. PlsReturnIt is under no obligation to compensate any User for any losses as a result of a User’s deactivation.
ALL PLSRETURNIT ACTIONS TAKEN WITH RESPECT TO THE TEMPORARY LOCK AND/OR PERMANENT DEACTIVATION OF YOUR ACCOUNT MAY BE TAKEN IN PLSRETURNIT’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, AND WITHOUT LIABILITY TO YOU.
VI. BILLING AND PAYMENT
Under these T&Cs, PlsReturnIt is not and will not be a party to the agreements made between Users for Services using our Platform, including the Owner or Service Provider’s agreement and responsibility to pay the Driver or other shipping provider therefore. In order for PlsReturnIt to facilitate payments to be made and received for Services hereunder, all Users of our Platform are required to provide to PlsReturnIt sufficient payment via PayPal or their credit card or bank account details and such other information needed to vet the User by the Payment Service Provider retained by PlsreturnIt (the “PSP”) where applicable. By accepting these T&Cs, each User agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that PlsReturnIt is not a party to the PSP Agreement and has no obligations or liability to any User under the PSP Agreement.
Payment processing services are provided by PayPal and subject to applicable PayPal Account Agreement and/or Services Agreement. By using the PlsReturnIt Platform to pay for Gigs or receive payment proceeds, all Users agree to be bound by the PayPal Terms, which may be modified from time to time. As a condition of PlsReturnIt enabling payment processing services through PayPal, all Users authorize PlsReturnIt to obtain all necessary access and perform all necessary activity on Your PayPal Account where applicable to facilitate payment for Services as contemplated by these T&Cs and Your relationship with PlsReturnIt. All Users further agree to provide accurate and complete information about You and Your business, and authorize PlsReturnIt to share it and transaction information with PayPal for the purposes of facilitating the payment processing services provided by PayPal. PlsReturnIt reserves the right to switch payment processing vendors or use alternate or backup vendors at its discretion.
Item Owners and/or Brands licensing the PlsReturnIt platform who provide a warranty for their goods are responsible for paying for each Gig contracted for, which will include (i) the pricing terms of the Gig provided to a Service Provider, (ii) reimbursement of documented fees incurred by Service Provider in connection with the Gig (if such Item Owner or Brand representative has agreed to reimburse for the same), (iii) any Cancellation or Wait Fees, as may be applicable to the Gig, and (iv) any other fee PlsReturnIt may assess for use of its Platform (combined, the “Gig Payment”). Unless otherwise agreed by PlsReturnIt, any fees that PlsReturnIt may charge a User for their use of the PlsReturnIt Platform (including to receive or perform any Services), are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of Your decision to terminate Your usage of our Platform, our decision to terminate Your usage of our Platform, disruption caused to our Platform or the Services either planned, accidental or intentional, or any reason whatsoever. PlsReturnIt reserves the right to change pricing at any time and any pricing information published on the PlsReturnIt Website may not reflect the current pricing.
Users of the Platform will be liable for any taxes (including VAT, if applicable) required to be paid because of the User’s use of or access to the PlsReturnIt Platform, or receiving or performing any Services or on any Gig Payment received (other than taxes on PlsReturnIt’s income).
Payment, Withholding and Release
If accepted for a Gig, a Service Provider is solely responsible for completing delivery of the Gig as agreed upon BEFORE being paid. PlsReturnIt, in its sole discretion, may place a hold on a Service Provider’s Gig Payment if the delivery of the Gig is not provided expressly in accordance with the Item Owner or Brand Representative’s Requirements and any other directions set forth in the request for Services, and these T&Cs, and/or PlsReturnIt determines it otherwise necessary or advisable to place a hold on such Gig Payment, including without limitation if PlsReturnIt has any suspicion or reason to believe that a Service Provider or Item Owner, or other User has breached these T&Cs or any Applicable Law. If a Gig Payment is placed on hold, PlsReturnIt will release a Gig Payment to a Service Provider upon establishing the validity of the accounts and Gigs under suspicion, in PlsReturnIt’s sole but reasonable discretion.
Service Provider agrees that any and all Gig Payments are set forth in the Gig as posted and are paid to Service Provider in accordance with the payment method chosen by such Service Provider. All Service Providers agree that all Gig payments are facilitated via the PlsReturnIt Platform through the PSP or by the process established by the Brand Representative, and they will not seek any Gig payment directly from an Item Owner or other recipient of a Gig, including a store merchant. Service Provider hereby waives any and all right to commence any action for a Gig payment directly from a Sender or a recipient on the PlsReturnIt Platform.
VII. INTELLECTUAL PROPERTY
PlsReturnIt Intellectual Property; Ownership of the PlsReturnIt Platform
PlsReturnIt solely owns and shall retain all right, title, and interest in and to the PlsReturnIt Platform, its products, services, Confidential Information, PlsReturnIt Content (as defined below), and its trademarks, service marks, trade names, logos, logotypes, insignia, inventions, copyright or patent-protected matter, associated therewith, database rights, or other intellectual property software, patents, design rights (whether registered or unregistered), trade secrets and all other similar proprietary rights whether or not currently registered, wherever existing in the world, with full rights to apply for protection of the same (“PlsReturnIt Intellectual Property”). Any and all drawings, designs, artwork, tapes, prints, plates, source code, modifications, extensions, upgrades, and derivative works of PlsReturnIt’s Intellectual Property, or any discoveries, ideas, inventions, improvements or other materials, original or otherwise, belonging to a party, either written or readable by machine, regardless of whether any portion thereof is or may be validly copyrighted or patented, are included in its Intellectual Property shall remain the property of PlsReturnIt and may not be copied or duplicated in any manner. Nothing will restrict or limit PlsReturnIt’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Your Feedback (as defined below), without compensating or crediting You or any individual providing such Feedback. “Feedback” includes suggestions for correction, change, or modification to the PlsReturnIt Platform or the Services provided via the PlsReturnIt Platform; evaluation data and reports relating to the performance of the PlsReturnIt Platform and Services provided hereunder; and other reactions or ideas for improvements relating to the PlsReturnIt Platform and Services provided via the PlsReturnIt Platform.
Your Access and Use of the PlsReturnIt Platform
Subject to Your compliance with the T&Cs, PlsReturnIt hereby grants to You the limited right to access and use the Platform on any authorized Device that You own or control as permitted by the Usage Rules set forth in applicable Device Usage Rules(the “Usage Rules“). This grant does not allow You to use the Platform on any Device that You do not own or control. The terms of this grant will govern any upgrades provided by PlsReturnIt that replace and/or supplement the PlsReturnIt Platform, unless such upgrade is accompanied by a separate grant in which case the terms of that grant will govern.
PlsReturnIt is solely responsible for the Platform, including the mobile application(s), the content thereof, maintenance, support services and warranty therefore, and addressing any claims relating thereto. In order to use the Platform, You must have access to a wireless network or internet-connected device, and You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged in connection with the Platform. You agree to comply with, and Your license to use the Platform is conditioned upon Your compliance with, all applicable third-party terms of agreement (e.g., an App Store’s terms and policies) when using the Platform. You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and You represent and warrant that You are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement.
PlsreturnIt reserves the right to stop offering and/or supporting our Platform and/or our Users’ ability to receive or perform Services or any particular portion or part of our Platform or access to Services at any time, at which point Your right to access and use the Platform and Your access to the Services therefrom, or any part thereof, will be automatically deactivated. In such event, PlsReturnIt shall not be required to provide refunds or other compensation to Users in connection with any discontinuation of the Platform or access to Services.
You agree not to:
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform in any way;
use or commercially exploit PlsReturnIt’s logos, trademarks, service marks, and trade names, including on any website of Yours, or challenge or assist others in challenging PlsReturnIt’s ownership or registration thereof, or attempt to register any trademarks, service marks or trade names confusingly similar to that of PlsReturnIt’s;
modify or make derivative works based upon the Platform;
create Internet “links” to the Platform, alternate access to Services, or “frame” or “mirror” any part of the Platform on any other server or wireless or Internet-based device;
reverse engineer or access the Platform to copy any ideas, features, functions or graphics of the Platform whether to build competitive products or services using similar ideas, features, functions or graphics of the Platform, or otherwise;
launch an automated program or script that unduly burdens, interferes, disrupts, hinders the integrity, operation and/or performance of the Platform (or the data contained therein) in any way or for any User, including but not limited to Trojan horses, viruses, worms, web spiders, web crawlers, web robots, web ants, web indexers, bots, or any program which may make multiple server requests per second, or send and/or store in our Platform material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
attempt to gain unauthorized access to the Platform or its related systems or networks, or circumvent or attempt to defeat any security or verification measures relating to use of the Platform; or
use our Platform to send spam or otherwise duplicative or unsolicited messages, send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates third-party privacy rights.
Licenses Granted by PlsReturnIt in Content: Subject to Your compliance with the T&Cs, PlsReturnIt grants You a limited, non-exclusive, non-transferable/sublicensable, non-assignable license to view, download and print any content that PlsReturnIt makes available through the Platform or on its social medial pages and feeds (“PlsReturnIt Content“) and to view any content that a User posts, uploads, publishes, submits or transmits to be made available through the Platform or on PlsReturnIt social media pages and feeds, including any questions, comments, suggestions, ideas, or feedback (“User Content” and with PlsReturnIt Content collectively, “Collective Content“). Neither PlsReturnIt Content nor User Content includes information provided or received by Users when performing or receiving Services hereunder, whether or not Confidential Information, including pickup and delivery photos, and no User is granted any license to or right therein and may not post or otherwise disclose on social media pages and feeds, whether or not PlsReturnIt’s, any content containing such media and it will be deemed a material breach of these T&C if you do so.
Collective Content may be used solely for Your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Collective Content, except as expressly permitted in the T&Cs. No licenses or rights are granted to You by implication or otherwise in any intellectual property rights owned or controlled by PlsReturnIt or its licensors in such Collective Content.
Social Media: PlsReturnIt maintains certain social media pages and feeds. By maintaining these social media pages, PlsReturnIt intends to build a welcoming community where everyone can engage in meaningful dialogue with one another. Our goal is to post and have posted relevant, interesting content and we welcome Your comments, suggestions, and feedback. However, we want all Users who contribute on PlsReturnIt’s social media pages and feeds to be able to express their opinions freely and feel comfortable entering into informed debate and discussion. When posting, commenting, or otherwise interacting or engaging with PlsReturnIt’s social media pages, You agree to behave in a respectful manner. PlsReturnIt has no responsibility to, and does not, monitor Your access to or use of Collective Content or review User Content for the inclusion of illegal or impermissible content. PlsReturnIt reserves the right, at any time and without prior notice, to remove or disable access to any User Content that PlsReturnIt, at its sole discretion, considers to be in violation of its Social Media Guidelines or these T&Cs.
By posting on our social media pages, You represent and warrant that Your User Content complies with the foregoing and does not contain any content prohibited or otherwise restricted therein.
License Granted by User: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available or posting any User Content on or through the Platform You hereby grant to PlsReturnIt a worldwide, irrevocable, perpetual, exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, disseminate and otherwise exploit such User Content. PlsReturnIt shall be entitled to the unrestricted use of all User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to You. PlsReturnIt claims no ownership rights in any User Content and nothing in the T&Cs will be deemed to restrict any ownership rights, or other rights that You may have to use and exploit Your User Content.
You acknowledge and agree that You are solely responsible for all User Content that You make available through the Platform or App. By posting or making available any User Content, You represent and warrant that You are the sole and exclusive owner of all User Content that You make available or post or You have all right, license, consent and release required to grant to PlsReturnIt the rights in such User Content contemplated under the T&Cs; and neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or PlsReturnIt’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any Applicable Law.
Platform Users hereby grant to PlsReturnIt a worldwide, royalty-free, non-exclusive license to use and display the User’s name, logos, trademarks, service marks, and trade names (“Marks”) in PlsReturnIt’s customer list(s), case studies, press releases, advertising and other public or promotional statements, including displaying such Marks on our Websites and App. User represents and warrants that it owns and/or has the right to produce and use its Marks, and any other intellectual property that it provides directly to PlsReturnIt, including through the Platform or App, and that those will not infringe any patent, copyright, trademark, trade secret, or other intellectual property, proprietary, or contract right of any third party. PlsReturnIt shall use all Marks in compliance with all applicable laws and regulations. The ownership and all goodwill accruing to the Marks arising directly from its use by PlsReturnIt shall vest in and inure to the benefit of the Sender.
Third-Party Content and Interactions: Via the PlsReturnIt Platform, You may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform (“Third-party Content”). Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between You and the applicable third party. PlsReturnIt, its affiliates and its licensors shall have no liability, obligation or responsibility for any Third-party Content, or such agreements, correspondence, purchase, transaction or promotion between You and any such third party. PlsReturnIt does not endorse any Third-party Content, or sites on the Internet that are linked through our Platform, and in no event shall PlsReturnIt, its affiliates or its licensors be responsible for any Third-party Content, products, services or other materials on or available from such sites or third-party providers.
PlsReturnIt may rely on third-party advertising and marketing supplied through the Platform and other mechanisms to subsidize the Platform. By agreeing to these T&Cs You agree to receive such advertising and marketing. If You do not want to receive such advertising You should notify us in writing.
Copyright Policy: PlsReturnIt respects copyright law and the intellectual property of others and expects its Users to do the same. PlsReturnIt will deactivate a User’s account that infringes or is reasonably believed to be infringing the rights of copyright holders. If You believe, in good faith, that any materials on our Platform, including any Collective Content, infringe upon Your or another’s copyrights, please send the following to PlsReturnIt at the contact information below:
A description of the copyrighted work that You claim has been infringed, including (a) sufficient information to locate the specific place on our Platform where the material is located; (b) an explanation as to why You think an infringement has taken place, (c) a complete description of the location where the original or an authorized copy of the copyrighted work exists or an Internet address where the work is posted or the name of the book in which it was published;
Your address, telephone number, and e-mail address;
a signed statement by You that, in good faith, You believe that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by You, made under penalty of perjury, that the information in Your notice is accurate, and that You are the copyright owner or authorized to act on the copyright owner’s behalf; and
an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Attn: Copyright Agent
1830 Beach St. #7
San Francisco, CA 94123
No Warranties, Express or Implied
The Services and our Platform are provided to You strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by PlsReturnIt to the maximum extent permitted by Applicable Law.
Without limiting the foregoing, neither PlsReturnIt nor its affiliates or licensors represent, warrant or guarantee:
the accuracy or completeness of any content provided through the Platform or the content of any websites linked to the Platform;
that access to the Services or Platform will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
the results that may be obtained from the use of the Services or Platform;
that the Services or Platform, or the quality of any products, services, information or other material purchased or obtained by You through the Platform, will meet Your requirements or expectations;
the timeliness, accuracy, or reliability, of any User;
the timeliness, accuracy, or reliability of our Services or Platform, or any information or materials provided through or in connection with the use of the Services, Platform or App;
that the Platform is free from viruses, worms, Trojan horses, or other harmful components;
that any errors or defects in the Services or Platform will be corrected; or
that any personal information supplied by You will not be misappropriated, intercepted, deleted, destroyed or used by others.
Additionally, PlsReturnIt does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Platform or any hyperlinked website or featured in any banner or other advertising and PlsReturnIt will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.
Limitations of Liability
NEITHER PLSRETURNIT NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR PLATFORM AND PLSRETURNIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM OR YOUR RECEIVING OR PROVIDING SERVICES. YOU HEREBY RELEASE PLSRETURNIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES AND LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR PLATFORM OR YOUR RECEIVING OR PROVIDING SERVICES OR THE CONDUCT OR MISCONDUCT OF A USER.
PLSRETURNIT EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. USE OF OUR PLATFORM, AND RECEIVING OR PERFORMING SERVICES THEREUNDER ARE ENTIRELY AT YOUR OWN RISK. PLSRETURNIT CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY USER TO PERFORM OR COMPLETE A GIG.
UNDER NO CIRCUMSTANCES WILL PLSRETURNIT, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE TO YOU, ANOTHER USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN ANY USER, ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE PLATFORM INCLUDING FOR PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EVEN IF ALL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT PLSRETURNIT IS ONLY WILLING TO PROVIDE THE PLATFORM FOR YOUR USE IF YOU AGREE TO THE ABOVE LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Waiver and Release
YOU ACKNOWLEDGE THAT USERS PROVIDING OR RECEIVING SERVICES USING THE PLSRETURNIT PLATFORM MIGHT NOT BE INSURED, LICENSED OR PERMITTED AND YOU EXPRESSLY RELEASE AGREE NOT TO HOLD PLSRETURNIT, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, FROM OR IN ANY WAY RELATING TO A USER’S PERFORMANCE OR RECEIPT OF SERVICES HEREUNDER, OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM WHETHER DURING A GIG, OR OTHERWISE RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM OR SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), FAILURE OF A USER TO BE ADEQUATELY INSURED, LICENSED OR PERMITTED, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY PLSRETURNIT OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION WHETHER KNOWN OR UNKNOWN, AND WHETHER OR SUCH CONDUCT, ACT OR OMISSION OCCURS DURING YOUR USE OR ACCESS OF THE PLATFORM OR APP OR DURING THE PERFORMANCE OF A GIG. AND YOU EXPRESSLY WAIVE AND RELEASE PLSRETURNIT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A USER’S PERFORMANCE OR RECEIPT OF SERVICES HEREUNDER, OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE PLATFORM WHETHER DURING A GIG, OR OTHERWISE.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
IF NOTWITHSTANDING THE FOREGOING LIMITATIONS, EXCLUSIONS, WAIVERS AND RELEASES, IT IS DETERMINED THAT PLSRETURNIT OR ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID BY OR EARNED BY YOU, AS APPLICABLE, DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
PlsReturnIt may give Users general notices, whether regarding the Platform, these T&Cs, or otherwise via the Platform, App and/or electronic mail to Your email address on record in PlsReturnIt’s account information.
Any legal or formal notices, requests or other communications required or permitted to be given hereunder shall be in writing and shall be delivered by hand, by overnight courier, mailed by United States registered or certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at its address set forth below.
You may give notice to PlsReturnIt at any time by email at Help@PlsReturnMe.com
and/or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to PlsReturnIt, Inc. at 1830 Beach St. #7, San Francisco, CA 94123, addressed to the attention of: Head of Operations. PlsReturnIt will give notice to Users at the email and/or physical addresses provided by User when forming their account on the PlsReturnIt Platform.
Notices shall be deemed to have been given upon the expiration of five (5) business days after mailing or posting (if sent by first class mail or pre-paid post), if not received sooner, or forty-eight (48) hours after sending (if sent by email).
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that none of the Platform, any technical data related thereto or any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Platform, You represent and warrant that You are not located in a country that is subject to any U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and You are not listed on any U.S. Government list of prohibited or restricted parties.
Relationship Between PlsReturnIt and Platform Users
No joint venture, partnership, employment, or agency relationship exists between You and PlsReturnIt, any other User, or any third-party provider as a result of Your forming an account on the PlsReturnIt Platform, agreeing to these T&Cs or using, providing or receiving Services via the Platform.
Unless PlsReturnIt has entered into a separate written agreement with a User addressing their access or use of our Platform, our Services and the Delivery Services, these T&Cs, and all agreements and documents referenced herein comprise the entire agreement between You and PlsReturnIt superseding all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and PlsReturnIt regarding Your use of and access to the PlsReturnIt Platform, and Services. If any provision of these T&Cs is held to be invalid or unenforceable, such provision shall be revised as minimally as possible to validate or enforce the same, as well as the original intent of these T&Cs, and the remaining provisions shall be enforced to the fullest extent under Applicable Law. The failure of PlsReturnIt to enforce any right or provision in these T&Cs shall not constitute a waiver of such right or provision.
Notwithstanding the above, if You have entered into a Dispute Resolution and/or Arbitration Agreement and Class Action Waiver with PlsReturnIt and/or any PlsReturnIt affiliate You acknowledge and agree such document is part of our agreement governing Your access to and use of the PlsReturnIt Platform; provided that any Dispute Resolution / Arbitration Agreement and Class Action Waiver You have entered into with PlsReturnIt and/or any PlsReturnIt affiliate is separate and distinct from these T&Cs and no update or modification of these T&Cs creates a renewed opportunity to opt out of such agreement and/or waiver.
If You have entered into any separate agreement(s) with PlsReturnIt and/or any PlsReturnIt affiliate addressing Your access or use of our Platform, our Services and/or the Services provided by other Platform Users, You acknowledge that the terms of any such agreement governs Your access to and use of the PlsReturnIt Platform, our Services and/or the Services provided by other Platform Users.