Terms | talnetmatrixinc

Customer Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. They form a legally binding agreement between you ("you," "your," or the "Customer") and Talentmatrix Inc, doing business as GullyPick ("GullyPick"), governing your access to and use of the GullyPick app, websites, and services. By creating an account or placing an order, you agree to be bound by these Terms. You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Services.

1. Acceptance of Terms

GullyPick operates an online marketplace and technology platform that connects you with restaurants and other businesses ("Restaurants") so you can order food and goods for pickup or delivery. By clicking "I Agree," creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services.

2. Definitions

• "GullyPick," "we," "us," "our" means GullyPick and its subsidiaries and affiliates.

• "Services" means the GullyPick mobile app, websites, and all related technology and features.

• "Customer," "you," "your" means any person who accesses or uses the Services to browse or place orders.

• "Restaurant" or "Merchant" means an independent business that offers items through the platform.

• "Delivery Partner" means an independent third party who may deliver your order.

• "Order" means a request you place for items offered by a Restaurant.

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Services. By using the Services, you represent that you meet these requirements and that the information you provide is accurate and complete.

4. Your Account

• You are responsible for keeping your login credentials confidential and for all activity under your account.

• You agree to provide accurate, current, and complete information and to keep it updated.

• You must notify GullyPick immediately of any unauthorized use of your account.

• You may not transfer your account or allow minors to use it.

5. How GullyPick Works

GullyPick provides a technology platform that lets you browse Restaurants, place Orders, and arrange pickup or delivery. GullyPick is not a restaurant, food preparation business, or, except where expressly stated, a delivery service. Restaurants prepare the items, and delivery may be provided by independent Delivery Partners or the Restaurant itself. Menu details, photos, prices, and availability are provided by Restaurants and may not always be accurate or up to date.

6. Placing Orders

• When you place an Order, you make an offer to purchase the selected items at the listed price.

• An Order is confirmed once the Restaurant accepts it; GullyPick is not responsible if a Restaurant declines or cannot fulfill an Order.

• You are responsible for providing accurate delivery details and special instructions (including allergies).

• Preparation, pickup, and delivery times shown are estimates only and not guarantees.

7. Pricing, Fees & Tips

• Prices shown may differ from in-store prices and may include a markup. Applicable service fees, delivery fees, small-order fees, and taxes will be shown at checkout.

• You may add an optional tip for your Delivery Partner; tips are voluntary unless otherwise stated.

• Final charges may be adjusted to reflect changes in your Order, weight-based items, or in-store totals where applicable.

8. Payments

Payments are processed by GullyPick and/or its third-party payment processors (for example, Stripe). By placing an Order, you authorize us to charge your selected payment method for the total amount, including items, fees, taxes, and any tip. You agree to keep your billing information current and authorize us to charge an alternative payment method on file if your primary method fails.

9. Cancellations & Refunds

• Once a Restaurant has accepted or begun preparing your Order, it may no longer be cancellable.

• Charges for completed and delivered Orders are generally final and non-refundable, except as required by applicable law.

• GullyPick may, at its discretion, issue refunds or credits for Orders that are missing, incorrect, or of poor quality. We may require information to verify your claim.

• Submitting false or fraudulent refund or chargeback claims is prohibited and may result in account suspension.

10. Delivery & Pickup

• For delivery Orders, you must provide a safe, accessible delivery location and be reachable for any delivery questions.

• For pickup Orders, you must collect your Order within a reasonable time at the Restaurant.

• If you are not available to receive a delivery, the Delivery Partner may leave the Order or return it, and you may still be charged.

11. Restaurants Are Independent

Restaurants and Delivery Partners are independent third parties, not employees or agents of GullyPick. GullyPick is not responsible for food preparation, food safety, product quality, or the accuracy of menu, ingredient, or allergen information. Title to the items passes from the Restaurant to you, and GullyPick does not take ownership of the items you order.

12. Promotions & Credits

• GullyPick may offer promotions, promo codes, and credits subject to specific terms and expiration dates.

• Promotions are non-transferable, cannot be redeemed for cash, and may only be used for their intended purpose.

• We may withhold or revoke promotions or credits obtained through error, fraud, or abuse (such as creating multiple accounts).

13. Ratings, Reviews & Content

• You may post ratings, reviews, photos, and other content ("User Content"). It must be honest, based on first-hand experience, and lawful.

• You grant GullyPick a worldwide, royalty-free, sublicensable license to use, display, and distribute your User Content in connection with the Services.

• You must not post content that is false, defamatory, offensive, infringing, or that violates anyone's privacy or rights.

• GullyPick may remove User Content or summarize reviews at its discretion.

14. Communications

By creating an account or using the Services, you may receive communications from GullyPick, Restaurants, and Delivery Partners by email, push notification, and in-app message. You can opt out of marketing communications using the methods provided in those messages or in your account settings.

SMS Terms

• Program: Talentmatrix Inc, doing business as GullyPick, sends one-time verification codes by SMS to customers who enter their mobile phone number on the GullyPick app sign-up or login screen and tap Continue.

• Message frequency: Message frequency varies; you receive one message each time you request a verification code.

• Costs: Message and data rates may apply.

• Opt out: Reply STOP to any message to stop receiving texts.

• Help: Reply HELP for help, or contact info@talentmatrixinc.com.

• Carriers: Mobile carriers are not liable for delayed or undelivered messages.

• Privacy: See our Privacy Policy. We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes.

15. Age-Restricted Items

Certain items, such as alcohol or other age-restricted products, may only be ordered where legally permitted and require valid government-issued ID and proof that you are of legal age upon delivery or pickup. Orders may be refused or cancelled without refund if you cannot provide valid proof of age, or if you appear intoxicated.

16. Prohibited Conduct

You agree that you will not:

• Use the Services for any unlawful, fraudulent, or deceptive purpose;

• Use another person's account or provide false information;

• Submit false claims about missing, incorrect, or undelivered Orders, or initiate fraudulent chargebacks;

• Abuse promotions or open multiple accounts to exploit offers;

• Harass, threaten, or harm Restaurants, Delivery Partners, staff, or other users;

• Scrape, reverse engineer, or interfere with the Services or attempt unauthorized access.

17. Intellectual Property

GullyPick and its licensors own all rights, title, and interest in the Services, including all software, trademarks, logos, and the "look and feel." You are granted a limited, non-exclusive, non-transferable right to use the Services for personal, non-commercial purposes in accordance with these Terms. You retain ownership of your own User Content, subject to the license in Section 13.

18. Privacy

GullyPick's collection and use of your personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, use, and disclosure of your information as described there.

19. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GULLYPICK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ITEMS WILL MEET YOUR EXPECTATIONS. NOTHING IN THESE TERMS LIMITS RIGHTS YOU MAY HAVE UNDER APPLICABLE CONSUMER-PROTECTION LAWS.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GULLYPICK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. GULLYPICK'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM OR ONE HUNDRED ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

21. Indemnification

You agree to indemnify, defend, and hold harmless GullyPick and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Services, your User Content, your breach of these Terms, or your violation of any law or third-party right.

22. Termination

• You may stop using the Services and delete your account at any time.

• GullyPick may suspend or terminate your access, with or without notice, for any breach of these Terms or conduct that harms the platform, Restaurants, Delivery Partners, or other users.

• Provisions that by their nature should survive termination (including payment obligations, IP, disclaimers, and limitation of liability) will continue.

23. Modifications to the Terms

GullyPick may modify these Terms at any time. If we make material changes, we will notify you by email or through the app. Your continued use of the Services after the changes take effect constitutes your acceptance. If you do not agree, you must stop using the Services.

24. Governing Law & Disputes

These Terms are governed by the laws of the jurisdiction in which GullyPick is established, without regard to conflict-of-law principles. Any disputes shall be resolved in the courts of that jurisdiction, unless otherwise required by applicable law.

25. General Provisions

• Entire Agreement: These Terms and the policies referenced herein constitute the entire agreement between you and GullyPick.

• Severability: If any provision is held invalid, the remaining provisions remain in effect.

• No Waiver: Failure to enforce any provision is not a waiver of that provision.

• Assignment: You may not assign these Terms without GullyPick's prior written consent; GullyPick may assign freely.

• Independent Parties: Nothing in these Terms creates a partnership, joint venture, or employment relationship.

26. Contact Information

Talentmatrix Inc, doing business as GullyPick

Email: info@talentmatrixinc.com

Web: www.talentmatrixinc.com