Last updated on [5/6/2024]
Please read this Refund and Cancellation Policy (“Policy”)
carefully. The customers, Users, and subscribers (“Users”) accept
the terms of this Policy by accessing and/or utilizing the services
of POTOLO (the “Company”). The Users acknowledge that they agree to
this Policy and accept the rights and obligations created by it.
This Policy is drafted to outline the refund and cancellation policy
of the Company. This Policy is designed to comply with applicable
laws and standards.
1. INTRODUCTION
This Policy is instituted by POTOLO ("Company", "we", "us", or
"our"), to delineate the terms and conditions under which customers,
Users, and subscribers ("you", "your", or "User") are eligible for
refunds and may cancel services procured through the Company's
application ("App"). The Policy is designed to ensure a transparent,
equitable, and efficient framework for addressing and processing
cancellations and refunds, thereby safeguarding both the interests
of the User and the integrity of the service ecosystem facilitated
by the App. In establishing this Policy, the Company recognizes the
multifaceted nature of the services offered and the necessity for
tailored provisions to accommodate the specificities of each service
type. Furthermore, the Policy aims to elucidate the procedure for
dispute resolution regarding refunds and cancellations, ensuring
that all parties have a clear understanding of their rights and
obligations under the terms set forth herein.
The services governed by this Policy encompass a broad spectrum of
offerings accessible through the App, including, but not limited to,
the ordering of food from kitchen partners, the hiring of workers
for various tasks or projects, obtaining health consultations from
certified professionals, accessing gyms nearby with flexible
membership options, utilizing smart solutions for fleet management,
availing dry cleaning services with convenient pickup and delivery,
and the purchase and sale of bus tickets to other travelers. Each
category of service is subject to specific terms regarding
cancellations and refunds, which are delineated in subsequent
sections of this Policy. This Policy applies universally to all
transactions made via the App, irrespective of the service type, and
is intended to cover any future services that may be introduced into
the App's ecosystem.
By accessing and using the services provided through the App, Users
agree to be bound by the terms of this Policy, in conjunction with
the general Terms of Service and Privacy Policy of the Company. It
is incumbent upon the User to review this Policy thoroughly prior to
engaging with any of the services offered through the App. Continued
utilization of the App's services following the posting of any
updates or modifications to this Policy will constitute the User's
acceptance of such changes. This Policy forms an integral part of
the User Agreement between you and the Company. Should you disagree
with any part of this Policy, or any amendments thereto, you must
cease use of the App and its services immediately. Your agreement to
this Policy is further affirmed by any action indicating acceptance,
including but not limited to, clicking a checkbox or button
corresponding to an "accept" or "agree" option for this Policy, or
simply by making use of the services provided through the App.
2. GENERAL REFUND AND CANCELLATION PRINCIPLES
2.1 Commitment to Customer Satisfaction:
POTOLO is steadfast in its dedication to providing high-quality
services that meet or exceed the expectations of our Users.
Recognizing the dynamic nature of our app-based service offerings,
we are committed to facilitating a seamless and flexible refund and
cancellation process, designed to accommodate the diverse needs and
circumstances of our Users. This commitment underscores our
understanding that the essence of customer satisfaction lies not
only in the delivery of exceptional services but also in the
fairness and responsiveness of our practices when services do not
proceed as anticipated. To this end, POTOLO shall endeavor to
process all eligible refunds and honor cancellations in a timely and
efficient manner, ensuring that the procedures for such are
communicated clearly, are easily accessible, and are executed with
the utmost regard for User convenience and fairness.
2.2 Policy Modifications and Updates:
POTOLO reserves the right to modify or update this Refund and
Cancellation Policy at any time, as it deems necessary, to reflect
changes in our services, changes in the legal landscape, or for
other reasons deemed appropriate by the company. Such modifications
shall be effective immediately upon posting the revised Policy on
the App or by directly communicating the changes to Users. We
encourage all Users to review this Policy periodically to stay
informed about our refund and cancellation practices. Your continued
use of the App and its services following any modification to this
Policy constitutes your acceptance of the revised terms. Should any
amendment to this Policy materially alter your rights or
obligations, POTOLO will take reasonable steps to notify you in
advance of such changes, through the App or via email, depending on
your selected preferences for communication.
3. SERVICE-SPECIFIC CANCELLATION POLICIES
3.1 Food Ordering from Kitchen Partners
3.1.1 Cancellation by User:
Users may cancel their food orders without penalty up until the
kitchen partner has confirmed the order processing. Upon
confirmation of order processing by the kitchen partner, Users may
still request cancellation, but such requests may be subject to a
cancellation fee, the amount of which shall be disclosed at the time
of order. This fee compensates for the kitchen partner's preparation
efforts and resource allocation. To cancel an order, Users must
utilize the cancellation feature within the App, ensuring timely
communication with the kitchen partner and the Company.
3.1.2 Cancellation by Kitchen Partner:
Kitchen partners reserve the right to cancel orders due to
unforeseen circumstances that prevent order fulfillment, including
but not limited to, ingredient shortages, equipment malfunction, or
staffing issues. In such instances, the User will be notified via
the App, and a full refund will be processed as per reasonable
timelines.
3.1.3 Refund Process:
Refunds for cancelled orders, whether initiated by the User or the
kitchen partner, will be credited to the User’s original method of
payment within a timeframe not exceeding [INSERT DAYS] business days
from the date of cancellation. Should a refund be delayed or
improperly processed, Users are encouraged to contact POTOLO's
customer support for resolution.
3.2 Worker Hiring for Tasks and Projects
3.2.1 Cancellation Before Task Commencement:
Users may cancel a task or project without penalty up to twenty-four
(24) hours before the scheduled start time. Cancellations made
within twenty-four (24) hours of the start time may incur a
cancellation fee to compensate the hired worker for their reserved
time.
3.2.2 Cancellation After Task Commencement:
Once a task or project has commenced, Users may still cancel, but
are required to pay for any work already completed along with a
cancellation fee. This ensures fair compensation for the worker's
time and effort up to the point of cancellation.
3.2.3 No-show Policy:
In the event a hired worker fails to show up for a scheduled task
without prior notification, Users may be entitled to a full refund,
including any booking fees. Users must report a no-show through the
App within twenty-four (24) hours to qualify for a refund.
3.3 Health Consultations
3.3.1 Cancellation by User:
Users can cancel scheduled health consultations up to twelve (12)
hours before the appointment time without incurring a fee.
Cancellations made less than twelve (12) hours before the
appointment time may be subject to a cancellation fee, reflecting
the professional's time allocation and lost opportunity for other
appointments.
3.3.2 Cancellation by Professional:
Health professionals may need to cancel appointments due to
emergencies or unforeseen circumstances. In such cases, Users may be
offered the option to reschedule at no additional cost or receive a
full refund.
3.3.3 Rescheduling Appointments:
Both Users and health professionals can reschedule appointments
through the App. To avoid penalties, rescheduling must be done at
least twelve (12) hours before the originally scheduled appointment
time.
3.4 Gym Membership Access
3.4.1 Cancellation of Membership:
Members wishing to cancel their gym memberships may do so at any
time. However, members who have committed to a fixed term for their
membership (e.g., annual memberships) and wish to cancel before the
end of their term may be subject to an early termination fee. This
fee compensates for the discounted rate provided for the commitment
to the term. Cancellations must be initiated through the App, with a
confirmation of cancellation provided electronically to the member.
3.4.2 Prorated Refunds:
Members who have paid for their membership in advance may be
eligible for a prorated refund for the unused portion of their
membership, following the deduction of any applicable early
termination fees. The calculation of prorated refunds will be based
on the number of full months remaining in the membership term at the
time of cancellation.
3.4.3 Membership Freeze Options:
To accommodate Users facing temporary circumstances that prevent
them from utilizing their gym membership, POTOLO may offer the
option to freeze memberships for a specified period. Members can
request a freeze through the App. A monthly fee may apply to
maintain the freeze status, significantly less than the standard
membership fee, preserving the member’s rate upon return.
3.5 Fleet Management Solutions
3.5.1 Cancellation of Subscription Services:
Users subscribed to fleet management solutions may cancel their
subscriptions at any time. Cancellations must be made at least
thirty (30) days before the next billing cycle to avoid charges for
the subsequent cycle. Users are encouraged to review their
subscription terms for specific details regarding cancellation
procedures and any potential penalties for early termination of
service contracts.
3.5.2 Refund Eligibility for Prepaid Services:
For Users who have prepaid for fleet management services, refunds
may be provided for the unused portion of the services, calculated
on a prorated basis. The proration may be determined from the date
of cancellation to the end of the prepaid term, less any applicable
fees for early termination as outlined in the service agreement.
3.6 Dry Cleaning Services
3.6.1 Cancellation and Refund Policy:
Cancellations of dry cleaning pick-up requests must be made at least
four (4) hours before the scheduled pick-up time to avoid a
cancellation fee. If a User cancels after the service has been
completed but before delivery, the User shall be responsible for the
full cost of the service, as the service was rendered as requested.
3.6.2 Loss or Damage Policy:
In the event of loss or damage to items entrusted to our dry
cleaning partners, Users may be compensated in accordance with the
terms provided at the time of service initiation. Compensation will
be calculated based on the depreciated value of the items, not
exceeding a maximum limit specified in the service terms.
3.7 Bus Ticket Sales
3.7.1 Cancellation by User:
Users may cancel bus tickets up to twenty-four (24) hours before the
scheduled departure time for a full refund. Cancellations made less
than twenty-four (24) hours before departure may be subject to a
cancellation fee, which will be deducted from the refund amount.
3.7.2 Cancellation due to Operational Issues:
In cases where the bus operator cancels a trip due to operational
issues or circumstances beyond control, passengers may be offered a
full refund or the option to rebook on the next available trip
without additional charges.
3.7.3 Refund Methods and Timing:
Refunds for bus ticket cancellations, regardless of the initiating
party, will be processed to the original method of payment within
[INSERT NUMBER OF DAYS] business days from the cancellation
confirmation. Users experiencing delays or issues with refunds are
advised to contact customer support through the App for assistance.
4. Exceptions to Standard Policy
4.1 Force Majeure: Under the doctrine of force
majeure, POTOLO and its service partners are not liable for any
failure to perform, or delay in the performance of, any of our
contractual obligations that is caused by events outside our
reasonable control. This clause is designed to protect all parties
in the case of unforeseen events that prevent the fulfillment of
services as initially agreed upon. Such force majeure events may
include, but are not limited to, natural disasters (such as
hurricanes, floods, earthquakes), war, terrorism, civil unrest,
labor strikes, epidemics, pandemics, governmental orders or
restrictions, and other major events beyond the control of POTOLO
or its service partners. Upon the occurrence of a force majeure
event, POTOLO shall endeavor to notify Users promptly through the
App or via direct communication methods available within the App's
functionality, detailing the nature of the event and the
anticipated impact on service delivery. Depending on the specific
circumstances, POTOLO may offer options for rescheduling, credit
towards future services, or refunds where applicable and feasible.
The determination of the availability of these remedies shall be
at POTOLO’s discretion and will take into account the nature of
the service, the impact of the force majeure event, and any
recoveries from insurance or other third parties. It is our policy
to act fairly and reasonably in such situations, understanding the
disruptions caused to our Users. However, Users acknowledge that
the applicability and execution of force majeure provisions may
vary based on the service in question and the specific terms
agreed upon at the time of booking or purchase.
4.2 Special Promotions and Offers
Special Promotions and Offers: POTOLO, from time
to time, may offer special promotions, discounts, or terms that
are subject to specific refund and cancellation policies differing
from the standard policy outlined herein. Such special promotions
and offers shall be clearly marked as such and will include a
detailed description of any special terms and conditions that
apply, including but not limited to, the eligibility criteria,
promotional period, limitations, and procedures for cancellation
and refund, if different from those described in the standard
policy. Users are advised to review the terms and conditions of
any special offers or promotions carefully before participation.
Participation in any such offer or promotion constitutes
acceptance of the terms and conditions applicable to that offer or
promotion. In the event of a conflict between the terms of a
special offer or promotion and this standard Refund and
Cancellation Policy, the terms of the special offer or promotion
will prevail with respect to that offer or promotion only. POTOLO
reserves the right to modify, suspend, or terminate any special
offer or promotion at any time without prior notice, subject to
applicable law. However, any modifications or terminations will
not affect the booked services already purchased under the terms
of the special offer or promotion, except as expressly provided in
the terms and conditions of such offer or promotion.
5. Dispute Resolution
5.1 Process for Raising Disputes: POTOLO is
committed to providing a transparent and effective process for the
resolution of disputes concerning refunds, cancellations, or any
other issues related to the services facilitated through our App.
To initiate a dispute resolution process, Users must submit a
detailed description of their complaint or dispute through the
designated feature within the App or via the official POTOLO
customer support email address, as provided in the App's contact
section. This submission must include the User’s full name,
contact information, a detailed account of the service or
transaction in dispute, any relevant documentation or evidence
supporting the User’s position (such as receipts, confirmation
emails, correspondence with service providers, etc.), and a clear
statement of the resolution sought by the User. Upon receipt of a
dispute notification, POTOLO will acknowledge the submission
within [INSERT NUMBER OF DAYS] business days, confirming that the
dispute is under review. Users are encouraged to submit their
disputes as soon as possible, ideally within [INSERT NUMBER OF
DAYS] days of the transaction or event giving rise to the dispute,
to ensure timely and effective resolution.
5.2 Investigation and Resolution Timeline:
Following the acknowledgment of a dispute submission, POTOLO will
conduct a thorough investigation into the circumstances
surrounding the complaint. This investigation will involve
reviewing the User's account of the dispute, examining any
submitted evidence, and may also include consultations with any
service providers or third parties involved in the transaction or
service in question. POTOLO aims to resolve all disputes within
[INSERT NUMBER OF DAYS] days of the acknowledgment of the dispute
submission. However, some disputes may require more time to
resolve, depending on the complexity of the issues involved and
the cooperation of third parties. In such cases, POTOLO may
communicate any delays to the User, along with updates on the
progress of the dispute resolution process and an estimated
timeline for resolution.
5.3 Final Decision Making: At the conclusion of
the investigation, POTOLO will communicate its final decision
regarding the dispute to the User via email or through the App.
This communication will include a detailed explanation of the
decision, any actions to be taken by POTOLO or the User, and
information on the resolution achieved, such as adjustments to the
User’s account, refunds, credits, or other compensation, as
applicable. The decision made by POTOLO at the conclusion of the
dispute resolution process is final. Users who have raised
disputes are deemed to have agreed to this binding decision-making
process as part of their acceptance of the Refund and Cancellation
Policy and the Terms of Service of the App. POTOLO is dedicated to
ensuring that all decisions are made fairly, in accordance with
the policies and procedures outlined in this document, and based
on the evidence and information available during the
investigation. Should a User be dissatisfied with the outcome of
the dispute resolution process, they are encouraged to seek any
further recourse through legal means as permitted by applicable
law. POTOLO remains committed to cooperating with any legal
proceedings or investigations related to disputes arising under
this Policy.
10DLC Compliance and Communication Preferences
6.1 Overview of 10DLC Requirements
In compliance with the regulations governing the use of 10-digit
long codes (10DLC) for application-to-person (A2P) text messaging
in the United States, POTOLO hereby outlines its adherence to
these standards as part of its commitment to lawful and
responsible communication practices. The 10DLC standards are
designed to provide a trusted environment for consumers by
regulating A2P messaging, thereby enhancing message deliverability
and minimizing spam. These regulations require that businesses
obtain explicit consent from individuals before sending them
promotional, transactional, or any other form of A2P text
messages. POTOLO is dedicated to upholding these requirements by
implementing clear, User-friendly processes for opting into and
opting out of receiving text messages from our platform, ensuring
that our communication practices respect User preferences and
comply with all applicable legal standards.
6.2 Opt-in Process for Users
Users wishing to receive text messages from POTOLO, including but
not limited to notifications about service updates, order
confirmations, reminders, and promotional offers, must explicitly
opt-in to such communications. The opt-in process is facilitated
through the POTOLO App or website, where Users can express their
consent to receive text messages by selecting the appropriate
option in their account settings or during the registration
process. Upon opting in, Users will receive a confirmation message
acknowledging their consent to receive text messages from POTOLO.
This process ensures that Users are fully informed of their
decision to receive text communications and have willingly agreed
to it, in line with 10DLC requirements.
6.3 Opt-out Process for Users
POTOLO recognizes the importance of providing Users with the
ability to easily withdraw their consent to receive text messages
at any time. Users may opt-out of receiving text communications
from POTOLO by following the opt-out instructions provided in each
text message sent by POTOLO, such as replying with a specific
keyword like "STOP" or by adjusting their communication
preferences within the User account settings on the POTOLO App or
website. Upon receipt of an opt-out request, POTOLO will promptly
process the request and cease sending text messages to the User,
except for any necessary transactional or service-related
communications for which the User cannot opt-out, as permitted by
law. Users will receive a final confirmation message confirming
their opt-out from text communications.
6.4 Managing Communication Preferences
POTOLO provides Users with the tools and flexibility to manage
their communication preferences easily and effectively. Users can
access and adjust their preferences regarding the receipt of text
messages and other forms of communication through their account
settings on the POTOLO App or website at any time. This includes
the ability to selectively opt-in or opt-out of different types of
messages, such as promotional messages or service alerts, allowing
Users to tailor their communication preferences according to their
individual needs and interests. POTOLO is committed to honoring
these preferences and ensuring that all communications sent to
Users align with their selected settings, demonstrating our
respect for User privacy and choice.
Refund Processing
7.1 Refund Methods
POTOLO is committed to ensuring that the process for refunding
transactions is conducted with both convenience and efficiency,
taking into account the diverse payment methods utilized by our
Users. To this end, refunds will be processed using the original
payment method employed at the time of transaction wherever
possible. For payments made via credit card, debit card, or direct
bank transfers, the refund will be credited back to the
corresponding account. In cases where the original payment method
does not support refund transactions or is no longer available
(for example, a closed account), POTOLO will work with the User to
identify a suitable alternative refund method. This may include
issuing a refund via an alternative payment method available
within the User's geographical jurisdiction or offering credit for
future services on the POTOLO platform, subject to the User's
consent. The selection of an alternative refund method will be
carried out in compliance with applicable financial regulations,
ensuring the security and privacy of the User's financial
information throughout the process.
7.2 Timeframe for Refunds
Upon the approval of a refund request, POTOLO endeavors to
initiate the refund process without undue delay. The standard
timeframe for refund processing is within [INSERT DAYS] business
days from the date of refund approval. This timeframe allows for
the necessary financial and administrative procedures to be
completed to ensure the accurate and secure processing of the
refund. It is important for Users to note that, depending on the
policies of the User’s bank or financial institution, the actual
receipt of the refund may occur outside of this timeframe. In
particular, refunds processed back to credit cards or through
international banking systems may be subject to additional
processing times imposed by the respective financial institutions.
Users will be provided with a refund transaction reference or
confirmation number, which can be used for tracking the status of
the refund with their bank or financial institution.
7.3 Special Considerations for International Transactions
For transactions crossing international borders, additional
factors may affect the processing of refunds. These include, but
are not limited to, exchange rate fluctuations, international
banking fees, and local regulatory requirements. When processing
international refunds, POTOLO will calculate the refund amount
based on the exchange rate at the time of the original transaction
to mitigate the impact of exchange rate fluctuations on the refund
amount. However, POTOLO cannot guarantee the avoidance of all
banking fees or surcharges imposed by the User’s bank or financial
institution, which may deduct such fees from the refunded amount.
Users engaging in international transactions are advised to
consult their bank or financial institution regarding potential
fees and to inform POTOLO of any specific requirements or
considerations for processing international refunds. POTOLO will
make every reasonable effort to accommodate such requirements,
within the bounds of applicable laws and regulations, to ensure
the smooth processing of international refunds.
Miscellaneous
8.1 Governing Law
The Refund and Cancellation Policy of POTOLO, including all its
stipulations, interpretations, and enforcement, shall be governed
and construed in accordance with the laws of the United States,
without giving effect to any principles of conflicts of law. By
utilizing the services provided by POTOLO, Users consent to the
exclusive jurisdiction of the federal and state courts located
within the United States for the resolution of any disputes
arising out of or related to this Policy or the services provided.
This provision ensures that any legal proceedings, disputes, or
interpretations related to the Policy are adjudicated consistently
and predictably, underpinning the mutual understanding between
POTOLO and its Users regarding their rights and obligations.
8.2 Contact Information for Queries and Disputes
POTOLO remains committed to providing exceptional customer support
and addressing any queries or disputes that may arise in the
course of utilizing our services. Users seeking to make inquiries,
file a dispute, request further information regarding our Refund
and Cancellation Policy, or communicate any concerns related to
our services, are encouraged to contact our customer support team.
Contact information, including email addresses, phone numbers, and
hours of operation, can be found within the App or on POTOLO's
official website. POTOLO pledges to respond to all User
communications in a timely and thorough manner, ensuring that
Users receive the information and support they require to resolve
their concerns satisfactorily.
8.3 Policy Enforcement and Compliance
POTOLO is dedicated to the strict enforcement of this Refund and
Cancellation Policy and to compliance with all applicable laws and
regulations governing the services it provides. This commitment
extends to the continuous monitoring and review of our policy and
practices to ensure alignment with evolving legal standards,
industry best practices, and User expectations. Any deviations
from this Policy by Users or service providers, including
non-compliance with the terms set forth herein, will be addressed
promptly and may result in corrective actions, including but not
limited to, the suspension or termination of services.
Additionally, POTOLO reserves the right to amend this Policy at
any time, as necessary, to reflect changes in our services, legal
and regulatory requirements, or our operational practices. Users
will be notified of any significant changes to the Policy through
the App or via direct communication, ensuring continued
transparency and understanding between POTOLO and our valued
Users.