Last updated August 13, 2024
Thank you for your interest in Picadeli US Inc. (“Picadeli”, “we”, or “us”) and the Picadeli Perks mobile messaging program (the “Program”). Picadeli operates the Program subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy located at https://www.picadeli.us/privacy-policy (the “Privacy Policy”). By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and the Privacy Policy, and you expressly consent that we may contact you by text/mobile messaging using automated technology.
PLEASE NOTE: SECTION 14 OF THESE MOBILE MESSAGING TERMS IS A DISPUTE RESOLUTION SECTION WITH AN ARBITRATION PROVISION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH PICADELI ARE RESOLVED. YOU AGREE TO BE BOUND BY THE DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE MOBILE MESSAGING TERMS CAREFULLY.
1. Acceptance of Terms
We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include but are not limited to promotions, specials, coupons, other marketing offers, and reminders. Mobile messages may be sent using automated technology, including an autodialer, automated system, or automatic telephone dialing system, and may include artificial voices, prerecorded voice messages, and/or other artificial means. Message frequency will vary. By opting in to our text messaging service, you agree to receive recurring marketing and transactional messages from Picadeli regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. Your consent to receive these messages is not a condition of purchase.
No mobile information, opt-in data, and consent information will be shared with third parties for marketing or promotional purposes.
2. Opt-In
By texting Picadeli at 75747, providing your mobile phone number to us, or otherwise consenting to this Program, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at perks@picadeli.com. Your participation in the Program does not require that you make any purchase from us and your participation in the Program is completely voluntary. YOU ARE NOT REQUIRED TO BE PART OF THE PROGRAM AS A CONDITION OF MAKING ANY PURCHASE FROM US.
You may, at any time, text “HELP” to 75747 to receive a help message. We will respond with instructions on how to use the Program. You may also contact support at: (213) 468-6700 or email perks@picadeli.com.
3. Opting Out
You can opt out of the Program at any time by replying “STOP” to any text message you receive from us. After you send the SMS message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. You may continue to receive text messages for a short period while we process your request. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join again, just sign up as you did the first time, and we will start sending text messages to you again. You may, at any time, text “HELP” to 75747 to receive a help message. We will respond with instructions on how to unsubscribe. You may also contact support at: (213) 468-6700 or email perks@picadeli.com.
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
If at any time you intend to stop using the Program or the telephone number used to subscribe to the Program, including without limitation canceling your service plan or selling or transferring the telephone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the telephone number. Under Paragraph 2 above, you also agree that if you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at perks@picadeli.com. You further agree that, if you discontinue the use of your telephone number without notifying Picadeli of such change, you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Picadeli, or any party that assists in the delivery of mobile messages, as a result of claims brought by individual(s) who are later assigned that telephone number. This duty and indemnification shall survive any cancellation or termination of your participation in the Program.
4. Cash Back Program
By opting in to the Program, you may receive exclusive cash back benefits reserved for Program participants. Upon your first purchase of any Picadeli products or services after joining the Program, you will be eligible for fifty percent (50%) cash back on such first purchase and ten percent (10%) cash back for every purchase thereafter. If you are a current employee of Picadeli’s customers or third-party retailers, you may be eligible for fifty percent (50%) cash back on your purchase, provided that you are not eligible for any other employee discount through Picadeli’s customers or third-party retailers. Please ask your employer for additional details to ascertain if you are eligible for the Program.
To qualify for cash back benefits, you must text Picadeli a photo of your valid purchase receipt. Picadeli shall then validate the receipt and confirm your cash back benefit. Once Picadeli has validated your receipt, Picadeli shall pay the cash back via the Venmo app within five (5) business days to the number you texted the receipt to. If you would like to receive your cash back benefits in a different manner, email Picadeli at perks@picadeli.com and Picadeli will issue an electronic gift card to the email address provided to Picadeli.
Picadeli is not affiliated with Venmo or any other third-party applications used to facilitate any cash back benefits.
5. Taxes
You acknowledge and agree that you are responsible for determining, paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with any cash back benefits or the Program. Picadeli is not responsible for determining whether you owe taxes in connection with your use of any cash back benefits or the Program or for collecting, reporting, or remitting taxes arising from your access to or use of the cash back benefits or the Program. This Paragraph does not apply to Picadeli employees participating in the Program.
6. Disclaimer of Warranty and Liability
The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Picadeli’s control. You agree that neither Picadeli nor any service provider(s)/network operator(s) will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
7. Indemnification
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD PICADELI AND ANY OF ITS SUBSIDIARIES, DIVISIONS OR AFFILIATES, RELATED OR PARENT COMPANIES, OR THE PRESENT, FUTURE, OR FORMER EMPLOYEES, MANAGERS, SHAREHOLDERS, ATTORNEYS, AGENTS, OFFICERS, DIRECTORS, OR SUCCESSORS OF PICADELI HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM PICADELI ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.
8. Age Restriction
You may not use or engage in the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18) or are of adult age in your jurisdiction. By using or engaging in the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable laws to use and/or engage with the Program.
9. Prohibited Content
You acknowledge and agree to not send any “Prohibited Content” using the Program. “Prohibited Content” includes, but is not limited to:
10. Message and Data Rates
We do not charge for mobile messages sent through the Program, but you are responsible for any message and data rates imposed by your mobile provider, as standard message and data rates may apply. Please check with your mobile service provider for details on any applicable charges. Picadeli is not responsible for any fees associated with receiving or sending SMS, MMS, or any other messages using platforms such as WhatsApp, Meta, Facebook, Instagram, etc.
11. Privacy
Your privacy is important to us. We will not share or sell your mobile number, mobile information, or any other personal information with third parties without your consent, except as required by law. Please review our Privacy Policy for more information on how we protect your personal data.
12. Service Availability
We strive to provide the best possible service, but we do not guarantee the availability or accuracy of our text messaging service. Picadeli is not responsible for any delays or failures in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
13. Changes to Terms
To the extent permitted by applicable law, we reserve the right to modify, update, or cancel these Mobile Messaging Terms, the Program, or any of its features at any time. As a participant in the Program, you will receive a mobile message informing you of any such modifications, updates, or cancellation. Any changes will be effective immediately upon posting the updated terms on our website. You agree to review these Mobile Messaging Terms, including periodically to ensure that you are aware of any modifications. You are free to opt-out at any time. Your continued use of the Program after any such changes constitutes your acceptance of the new terms.
14. Dispute Resolution (INCLUDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER)
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER.
Any dispute or claim arising out of or relating to these Mobile Messaging Terms, your use of the Program, or your relationship with Picadeli, and any of its subsidiaries, divisions or affiliates, related or parent companies, or the present, future, or former employees, managers, shareholders, attorneys, agents, officers, directors, or successors of Picadeli, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration as set forth in these Mobile Messaging Terms, except that either you or Picadeli may initiate a Dispute in or take a Dispute to small claims court on an individual basis, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Mobile Messaging Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Mobile Messaging Terms. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Mobile Messaging Terms; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These Mobile Messaging Terms and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and Picadeli agree that these Mobile Messaging Terms evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
Early Resolution Process
You and Picadeli agree to work together in a good-faith effort to informally resolve any Dispute that might arise using the early resolution process described herein (“Early Resolution Process”).
The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute; (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via mail to Picadeli US Inc., PO Box 69, Pacific Palisades, CA 90272. If Picadeli has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and Picadeli agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Picadeli representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Picadeli commencing a formal proceeding in arbitration or small claims court. A court of competent jurisdiction shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this process in arbitration or to raise non-compliance with an arbitrator. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or Picadeli may commence arbitration or a small claims court proceeding if a Dispute is not resolved through this Early Resolution Process.
Arbitration Procedures
The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules, as applicable (“AAA Rules”), as modified by this arbitration provision and these Mobile Messaging Terms. The AAA Rules are available online at www.adr.org. You and Picadeli understand and agree that the AAA’s administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these Mobile Messaging Terms, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these Mobile Messaging Terms.
An arbitration demand must: (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Picadeli and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and Picadeli reserve the right to request a hearing in any matter from the arbitrator. You and a Picadeli representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in Los Angeles County or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent allowable by applicable law, you and Picadeli agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and Picadeli agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these Mobile Messaging Terms as a court would.
IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Costs of Arbitration
Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and Picadeli agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Picadeli may elect to engage with the AAA regarding arbitration fees, and you and Picadeli agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
YOU AND PICADELI EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND PICADELI AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PICADELI WAIVE THE RIGHT TO A JURY TRIAL.
OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by mail to Picadeli US Inc. at PO Box 69, Pacific Palisades, CA 90272 and providing the requested information as follows: (1) your name; (2) your address; (3) your phone number; (4) the URL containing the Arbitration and Class Action Waiver provision for the Mobile Messaging Terms; and, (5) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than thirty (30) days after the date you first accept these Mobile Messaging Terms.
15. Severability
If any term of these Mobile Messaging Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.
16. Contact Us
If you have any questions about these terms and conditions, please contact us at perks@picadeli.com or call us at (213) 468-6700.
By opting in to our text messaging service, you acknowledge that you have read and agree to these terms and conditions.