Last updated: March 10, 2020 Please read these terms and conditions carefully before using Our Application. Interpretation and Definitions Interpretation The words of which the initial letter is capitalized have meanings defined under the definitions section of this Terms and Conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions For the purposes of these Terms and Conditions:
Acknowledgement These are the Terms and Conditions governing the use of this Application and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Application. Your access to and use of the Application is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Application. By accessing or using the Application You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Application. Your access to and use of the Application is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Application. Placing Orders for Services By placing an Order for Services through the Application, You warrant that You are legally capable of entering into binding contracts. Your Information If You wish to place an Order for Services available on the Application, You may be asked to supply certain information relevant to Your Order including, without limitation, Your credit card number, security code, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order. Order Processing: Steps Before placing Your Order, make sure to review Price List posted on Our Application or at Our Website. By placing an Order, You agree to the Price List and to the Terms And Conditions as stated herein. We reserve the right to change the Price List anytime without any notice by updating it on Application and Website. The price change will not affect any Orders already placed. When the Order for Services is initiated, an automatic charge of $35 (Thirty-Five US Dollars) is placed on your card (“Minimum Charge”). All in-app purchases of Services carry a Minimum Charge. If Your Order for Our Services exceeds the Minimum Charge, then You will be charged accordingly based on Our Price List for the specific Services ordered. The final price for Services ordered may differ from the Price List quotations, depending on the type and extent of stains. We will contact You directly for your advanced approval, should additional Services or charges are required in order to process Your Order. After You place Your Order, the driver shall arrive and pick up Your article(s). Our dry-cleaning specialists will determine the final price for Services ordered upon receipt of Your article(s). You will receive an invoice for Services ordered via (i) text message; (ii) e-mail; or (iii) Application. When the Services are performed, the Minimum Charge will be released, and You will be charged the amount set forth in the invoice for Services ordered. You will receive a notice of the date and time of delivery via (i) text message; (ii) e-mail; or (iii) Application. Order Cancellation We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected. Your Order Cancellation Rights Any Services you purchase can only be cancelled in accordance with these Terms and Conditions. Your right to cancel an Order only applies before the driver arrives to pick up Your article(s). If you cancel Your Order at that time, a $10 (Ten US Dollars) cancellation fee will be charged out of $35 (Thirty-Five US Dollars) initially withheld by Company upon placing of Your Order and set forth in the “Payments” section of this Terms and Conditions. After the driver picks up Your article(s), You may not cancel Your Order. You may request a refund of $35 (Thirty-Five US Dollars) initially withheld by the Company in case the Company is unable to perform the Services ordered. Availability, Errors and Inaccuracies We are constantly updating Our offerings of Services. The Services available on Our Application may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Services on the Application and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, description of Services provided, images, specifications, availability of our Services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Price Policy The Company reserves the right to revise its prices at any time prior to accepting an Order. Payments Payment will be processed through online payment processor – Stripe. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-performance of Services of Your Order. Promotions Any Promotions made available through the Application may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. User Accounts When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Application. You are responsible for safeguarding the password that You use to access the Application and for any activities or actions under Your password, whether Your password is with Our Application or a Third-Party Social Media Service. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Intellectual Property The Application and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Application is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or Application without the prior written consent of the Company. Your Feedback to Us You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. Links to Other Websites Our Application may contain links to third-party web sites or Applications that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or Applications. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, Applications or services available on or through any such web sites or Applications. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or Applications that You visit. Termination We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Application will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Application. Limitation of Liability Notwithstanding any loss of or damage to Your article(s), the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall not exceed 10 (Ten) times Our charge for processing Your article(s). To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law. “AS IS” and “AS AVAILABLE” Disclaimer The Application is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Application providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected. Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. Governing Law The rules and laws of the Los Angeles County and the laws of California, excluding its conflicts of law, shall govern this Terms and Your use of the Application. Your use of the Application may also be subject to other local, state, or national laws. Disputes Resolution If You have any concern or dispute about the Application and Our Services, You agree to first try to resolve the dispute informally by contacting the Company. You and the Company shall arbitrate any and all disputes or claims arising out of, in connection with any aspect of the relationship between us, including, but not limited to any arising or in connection with these Terms of Use, access and use of the Application, and performance of Our Services. The arbitration shall be conducted before a sole arbitrator in Los Angeles, California in accordance with the American Arbitration Association (“AAA”) Commercial Arbitration Rules then in effect (which may be viewed at adr.org). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, either of us shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. To the fullest extent permitted by law, we both agree that (1) no arbitration shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree to waive your right to a jury trial and understand that, absent this provision, you would have the right to sue in court. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to these terms, including, without limitation, contract claims, tort claims and all other common law and statutory claims. For European Union (EU) Users If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. United States Federal Government End Use Provisions If You are a U.S. federal government end user, our Application is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101. United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. Severability and Waiver Severability If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. Translation Interpretation These Terms and Conditions may have been translated if We have made them available to You on our Application. You agree that the original English text shall prevail in the case of a dispute. Changes to These Terms and Conditions We reserve the right, at Our sole discretion, to modify or replace these Terms at any time by updating Our Application and Website. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Application after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Application. Contact Us If you have any questions about these Terms and Conditions, You can contact us:
