info@washtrunk.com
Last updated: Sept. 26, 2017
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS. If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
Welcome to WashTrunk! These terms and conditions (“Agreement”) apply to WashTrunk Inc. (“WashTrunk”) website (WashTrunk.com) and the related mobile application and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”) As used in this Agreement, “WashTrunk,” “we,” “us,” or “our” shall mean WashTrunk Inc.
By accessing or using our Services, whether or not you register to use the Service, you agree the terms of this Agreement and to the collection, use and disclosure of your information as set forth in to our Privacy Policy, which establish a contractual relationship between you and WashTrunk. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given (i) by notification through our website or mobile applications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
WashTrunk is an on-demand laundry and dry cleaning delivery service that enable users to schedule the delivery using WashTrunk’s mobile applications or website which is provided as part of the Services (each of the mobile application and the website is an “Application”). After scheduling the reservation using the Application, a third party, which is an independent contractor working with WashTrunk (“Third Party Contractor”), will pick up and deliver the user’s laundry.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by WashTrunk. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.
Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to WashTrunk.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract Materials from this website. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of WashTrunk’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by WashTrunk.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by WashTrunk. WashTrunk does not transfer title to the Software to you. WashTrunk retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of WashTrunk or such other party as may own the proprietary rights.
LICENSE
Subject to your compliance with the terms of the Agreement, WashTrunk grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by WashTrunk and WashTrunk’s licensors.
USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age to obtain an Account. Account registration requires you to submit to WashTrunk certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or WashTrunk’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by WashTrunk in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to use the Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances WashTrunk or a Third Party Contractor may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
TEXT MESSAGES
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from WashTrunk at any time by sending a request to info@WashTrunk.com or by replying STOP to any message you receive. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
PROMOTIONAL CODES AND SPECIAL OFFERS
WashTrunk may, in WashTrunk’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Contractors, subject to terms that WashTrunk may establish on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by WashTrunk, in advance in writing; (iii) may be disabled by WashTrunk at any time for any reason without liability to WashTrunk; (iv) are not valid for cash; and (v) may expire prior to your use. WashTrunk reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that WashTrunk determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of the Agreement.
MINIMUM PRICE ORDER
The minimum order price is as cited on WashTrunk’s Services and may change from time to time.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. WashTrunk does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DAMAGED OR LOST ITEMS
It is our priority to supply the best care to your garment and we appreciate your trust.
Damaged Items
Although we do our best to prevent any damages to your garment, we cannot guarantee against color loss, bleeding or shrinkage of garments. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears. For any items deemed damaged, WashTrunk may reimburse you by paying up to ten (10) times the charge for cleaning the item for which the damage occurred regardless of brand, price or condition of the garment. To the fullest extent permitted by law, WashTrunk’s total liability in connection with a damaged item shall not exceed the foregoing amount.
Any damaged items must be reported to info@WashTrunk.com and inspected by WashTrunk, within seven (7) days from date the damaged item was returned to you by WashTrunk, through digital photos or in-person.
Lost Items
Any lost item must be reported to info@WashTrunk.com within seven (7) days of the delivery of related garments. All claims are reviewed on a case-by-case basis. Items are considered lost twenty (20) days after the initial claim has been made. Any reimbursement for an item deemed lost by WashTrunk shall be limited to and shall not exceed ten (10) times the charge for cleaning the lost item regardless of brand, price or condition of the garment. To the fullest extent permitted by law, WashTrunk’s total liability in connection with a lost item shall not exceed the foregoing amount.
WashTrunk does not take responsibility for any loose items lost when submitted in a WashTrunk bag, such as watches, jewelry, cufflinks, etc. and shall have no liability for such items.
PICK UP AND DELIVERY
Our goal is to provide valuable and timely service to all of our customers and partners. Therefore, you can edit the time of a pickup up to 30 minutes before the requested pickup time and you can freely reschedule a delivery prior to 6pm for any evening delivery and prior to 6am for any morning delivery. If you cancel a pickup less than 30 minutes before your requested time, rescheduled a delivery after the designated time for change, or if our partners cannot deliver or pickup an order because you or your designee failed to appear, we may charge a cancellation fee in a reasonable amount (currently set at $9.99).
We hope to provide a convenient service to all our customers and can leave orders outside residences or with a doorman, provided the customer gives written consent. However, once delivery has been made, we will not be held responsible or liable for the loss or damage of any items. It is the customer’s sole responsibility to ensure the safety of items after delivery by WashTrunk.
You have an option to ask us to leave your laundry with the doormen or other location, but WashTrunk will not be responsible for any lost cause as a result.
INVENTORY
WashTrunk reserve the right to keep records of your garments and retain, store, display or reproduce such records which may include images or photographs, and associate such records with your name or other profile information for commercially reasonable periods for archival, inventory purposes, quality control, loss prevention, and or data collection.
USER CONTENT AND INTERACTIVE AREAS
We may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to WashTrunk an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in WashTrunk’s sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to WashTrunk’s disclosure of any information related to your use of the Services in any capacity in connection with WashTrunk’s display of your User Content on the Services. You also agree to indemnify and hold WashTrunk harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. WashTrunk and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.
By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. WashTrunk reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. WashTrunk will also cooperate with local, state and/or federal authorities to comply with applicable law.
NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES
By participating in any of the aforementioned activities, all users agree to follow any standards of conduct posted through the Services. Without limiting the foregoing, you shall not provide any User Content that is infringing, defamatory, unlawful, obscene, sexually explicit, harassing, threatening, abusive, illegal or otherwise improper. WashTrunk reserve the right to change, delete or remove, in part or in full, any User Content in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, violates acceptable use standards or interferes with other peoples’ enjoyment of our Services. WashTrunk will also cooperate with local, state and/or federal authorities to comply with applicable law.
WashTrunk reserves the right, in its sole discretion, to monitor any and all use of the Services.
VIOLATIONS OF THE AGREEMENT
WashTrunk reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.
TERMINATION OF SERVICES
WashTrunk reserves the right, in its sole discretion, to terminate your access to the Applications and Services or any portion thereof at any time. We will use commercially reasonable efforts to attempt to notify you of such termination. WashTrunk reserves the right to cancel Services and/or your Account for cause, such as if a delivery site is unsuitable, inaccessible or unsafe, or due to force majeure or inappropriate or abusive activity by you or third parties. In the event of any termination, you will be responsible for paying for Services performed prior to termination.
The Agreement shall continue to apply for as long as you use the Services, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the service ordered through your use of the Service and Applications, WashTrunk will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email. If you signed up to one of our subscriptions programs, you will be charged on the first day of the period in which your subscription begins, not including any “free trial” periods which may be offered by WashTrunk from time to time.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by WashTrunk. Any request for lower Charges or disputes regarding the Charges should be addressed to WashTrunk by contacting info@WashTrunk.com.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that WashTrunk may use a secondary payment method in your Account, if available. Please note that in the event you dispute any part of a valid Charge via chargeback, you agree that WashTrunk have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus.
WashTrunk reserves the right to establish, remove and/or revise prospective Charges for any or all aspects of the Services at any time in WashTrunk’s sole discretion. The Charges indicated via the Services at the time of your order shall apply (subject to any applicable discounts or promotions). WashTrunk may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
DISCLAIMER
The Materials and the Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, WashTrunk and its officers, directors, employees, agents or representatives disclaim with respect to the Services and the Materials herein all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. It is your responsibility to carefully read and inspect any service or product you purchase through our Applications upon your receipt to determine safety and appropriateness for your consumption or use. WashTrunk does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. WashTrunk does not warrant or make any representations regarding the use or the results of the use of the Materials and/or the Services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. You (and not WashTrunk) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall WashTrunk or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if WashTrunk or a WashTrunk authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In no event shall WashTrunk have any liability for any damages, losses and other causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services. To the fullest extent permitted by law, your sole remedy with respect to lost or damaged items is as provided above in the sections entitled “Damaged Items” and “Lost Items.” If, notwithstanding the foregoing exclusions, it is determined that WashTrunk or its agents, employees, officers or directors is liable for damages, in no event shall WashTrunk’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Applications or Services exceed the amount paid by you, if any, for such Application or Services.
These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement. The limitations of liability in this section are not applicable to residents of New Jersey. With respect to residents of New Jersey, WashTrunk and its affiliates are not liable for any damages unless such damages are the result of our negligent, reckless or intentional acts or omissions; and to the fullest extent permitted by law we are not liable for incidental, special or consequential damages.
USE OF LINKS
The Services may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. WashTrunk does not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, WashTrunk is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. WashTrunk makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. WashTrunk reserves the right to discontinue links to any other website at any time and for any reason.
INDEMNITY
To the fullest extent permitted by law, You agree to indemnify and hold WashTrunk and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) WashTrunk’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors. This indemnification section does not apply to WashTrunk’s own negligence, recklessness or intentional conduct.
GOVERNING LAW AND ARBITRATION
You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to any principles of conflicts of law.
Please read this section carefully because it requires you to arbitrate disputes, waives your right to a jury trial, and limits the manner in which you can seek relief. Any dispute or claim relating in any way to these to the Agreement, the Applications, or any Services, will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Agreement. To the fullest extent permitted by law we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court (other than small claims court) rather than in arbitration, to the fullest extent permitted by law, we each waive any right to a jury trial, and agree that such claims shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of New York. The parties irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
NOTICE
WashTrunk may give notice by means of a general notice on the Services, electronic communication through an Application, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to WashTrunk, with such notice deemed given when received by WashTrunk, at any time by first class mail or pre-paid post to 349 W 85th St, New York, NY 10024.
GENERAL
You may not assign the Agreement without WashTrunk’s prior written approval. WashTrunk may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of WashTrunk’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, WashTrunk or any Third Party Contractor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WashTrunk in writing. WashTrunk’s failure to enforce any part of this Agreement will not be considered a waiver. Any waiver by WashTrunk of any provision of this Agreement must be in writing. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and WashTrunk with respect to the website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WashTrunk with respect thereto.
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
WashTrunk respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services or Application through which our Services may be accessed in a way that constitutes copyright infringement, please provide WashTrunk’s Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact: info@WashTrunk.com.
info@washtrunk.com