This statement discloses the Terms and Conditions (the “Agreement”) for the Launder website (the “Website”) and the Launder software app (the “App”). Questions for clarification of this statement or comments may be addressed via email to: support@launderinc.com
Thank you for using our Website and App.
IN PROVIDING THE SERVICES, LAUNDER IS SUPPORTED BY AMAZON WEB SERVICES, INC FOR HOSTING AND STORAGE PURPOSES. ACCORDINGLY, THE USE OF LAUNDER’S SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND AGREEMENTS ENFORCED BY AMAZON WEB SERVICES, INC AND FUTURE AMENDMENTS THERETO, AS MAY BE PROMULGATED FROM TIME TO TIME.
Launder provides services for brokering apparel-related services, including but not limited to dry cleaning, laundry, and alteration services (the “Services”). Registration for or use of the Services shall be deemed to be your consent to abide by this Agreement including any terms and materials incorporated by reference herein, including but not limited to Launder's Privacy Policy. For reference, a Definitions section is included at the end of this Agreement.
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at support@launderinc.com.
Launder grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub- license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. All rights not expressly granted herein are reserved by Launder. Use of the Services is subject also to you paying the fees associated with such service in accordance with Section 10 "Charges and Payment of Fees".
Launder alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related intellectual property rights in and to the Services, the Content, Launder Technology and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. Launder's name, trademarks, service marks, Launder's logos, and the product names associated with the Services are trademarks and/or service marks and/or trade names owned by Launder or third parties who licensed their rights to Launder and no right or license is granted hereunder to use them.
Unless otherwise expressly permitted in this Agreement, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the Software and Services, which are subject to intellectual property or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, other than expressly permitted in this Agreement.
We do not claim ownership over content, such as text and images that you upload through the services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Services, in accordance with these terms.
This Agreement does not convey to you any ownership interest in or to the Services, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Launder's intellectual property rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
You represent and warrant that you are at least eighteen (18) years of age. You may not: (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way; (ii) display publicly, decompile, disassemble, reduce to human-readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine any of the Services with other software or services; (iii) interfere in any manner with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the Services; or (iv) copy any ideas, features, functions or graphics of the Services or any Content; (v) use the Services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements, or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations; (vi) modify, alter and create derivative works of the Software, or any part of the Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement, (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of Launder or any other third parties, such as Amazon; (viii) otherwise use the Services not in compliance with the terms of this license.
5.1. You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally, comply with any instructions concerning access to and/or use of the Services that Launder may offer from time to time;
5.2. You specifically agree not to, in any way: (i) access (or attempt to access) the Service by any unauthorized or automated means, other than through the interface that is provided by Launder; (ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Services; (iii) interfere with or disrupt the integrity or damage the performance of the Services or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services, including any hosting services provided by third parties to facilitate the Services; (iv) engage with any activities that violate anti-spamming laws and regulation, including the CAN SPAM Act of 2003; (v) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services; (vi) use robots, crawlers and similar applications to collect and compile Content from the Services, for the purposes of competing with the Services, or in such ways that might impair or disrupt the Services' functionality; (vii) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (viii) collect or process personal information of the Services' users without their explicit consent; (ix) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only; (x) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to export laws; (xi) engage with any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (xii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services; or (xiii) interfering with the proper functioning of any System, including deliberate attempt to overload a system by mail bombing, or flooding techniques;
Should Launder become aware that you have violated this Section 5.2, Launder shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your user account under Section 13 below and/or notify the relevant authorities.
5.3. You will indemnify Launder and its officers, directors, agents, and employees, and hold them harmless against all damages and expenses (including reasonable attorney's fees) arising out of claims of third parties based on or related to your breach of any undertakings or representations herein or any of your actions or omissions with respect to the performance of this Agreement.
Downloading the Software and registration with the Services is free of charge. However, use of the Services are paid services, according to the charges posted by Launder (see below Section 10 "Charges and Payment of Fees"). If you fail to settle your fees to our satisfaction, then your account shall be terminated.
When you register with the Services we will ask you to provide us with certain contact and personal details. If you wish to purchase any of Launder's Services, we will ask you to provide us also with your payment details. Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair our ability to provide you with the Services and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite personal information in these fields, you will not be able to register with the Services. Our use of your Personal Data is subject to Launder's Privacy Policy, as set below.
You agree to maintain your password in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months.
You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account as a result of conveying your details to someone else.
You agree that Launder may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Launder account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services.
Launder does not provide dry cleaning or Laundering services and is not a dry cleaner. Launder offers information and a method to connect dry cleaners and parties seeking dry cleaning services, but does not and does not intend to provide dry cleaning services or act in any way as a dry cleaners, and has no responsibility or liability for any dry cleaning services provided by any third party.
Launder respects your privacy. The use of any Services shall at all times be subject to Launder's Privacy Policy which constitutes an integral part of this Agreement. The Privacy Policy is available at below. Launder reserves the right to modify the Privacy Policy in its discretion from time to time. Therefore it is recommended that you read it periodically. Continued use of the Services after any such changes shall constitute your consent to such changes.
Launder and third parties on its behalf implement information security systems and procedures to secure your personal information and to prevent unauthorized access to your account on the Services and any information routed through or stored on Launder's server computers. To learn more about how Launder secures your personal Information, please see Launder's Privacy Policy as well.
You shall pay any and all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments shall be made in accordance with the terms and conditions set forth by Launder, or as otherwise mutually agreed upon. You are responsible for paying any then, generally applicable fees or charges during the applicable billing period. Launder reserves the right to modify its fees and charges and to introduce new charges at any time. All payment obligations are non- cancelable and all amounts paid are non-refundable. You are responsible for paying for all licenses ordered, whether or not such licenses are actively used.
11.1. Launder may charge and collect fees for use of the Services in accordance with its then in effect billing practices and procedures upon your use of the Services. Launder's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Launder's net income.
11.2. You agree to provide Launder with complete and accurate billing and contact information as shall be requested by Launder. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Launder reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact Launder of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
Launder may terminate this Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. You may discontinue your use of the Service for any reason and at any time. You may remove the configuration of the Service from your mobile phone. You may also cancel your user account by contacting us at support@launderinc.com. Your account on Launder shall be removed expeditiously. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services.
Any breach of your payment obligations, unauthorized use of the Service or other failure by you to comply with the terms of this Agreement will be deemed a material breach of this Agreement and will entitle Launder, without derogating from any other remedies available to it, to immediately suspend or terminate this Agreement with no liability or refund to you.
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY LAUNDER (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, Launder AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE LAUNDER TOOLS OR ANY CONTENT. Launder (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR THE Launder TOOLS WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR- FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF LAUNDER OR THE SERVERS' OPERATORS' REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH LAUNDER’S SOFTWARE AND SERVICES, OR (H) ANY ACTIONS RESULTING FROM THE ACTIONS OR OMISSIONS OF ANY DRY CLEANING SERVICE PROVIDERS.
IN NO EVENT SHALL LAUNDER’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE BILLING PERIOD DURING WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. IN NO EVENT SHALL Launder BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF Launder HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless, Launder and its managers, directors, shareholders, employees, sub-contractors, agents, licensors and anyone acting on Launder's behalf, at your own expense and immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorney's fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Services or your breach of this Agreement, or any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights.
Launder reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time. Substantial changes will take effect 30 days after Launder. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Agreement to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in these terms of the Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Services. The date at the bottom of this Agreement indicates the last date that the Agreement was updated.
We advise you to periodically read the terms of this Agreement, as they may change from time to time.
This Agreement shall be exclusively governed by the laws of the State of New York, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the federal or state courts located in the city of New York, New York. You agree to resolve any dispute or claim that you may have against Launder and to submit to personal jurisdiction in the exclusive jurisdiction of federal or state courts located in New York, New York. This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement or use of the Services. The failure of Launder 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 Launder in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. "Including", whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of Launder and any assignment without such prior written consent shall be void.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Agreement.
Definitions as used in this Agreement and in any Subscription Orders now or hereafter associated herewith:
"Agreement" means these online terms of use and terms of subscription and license of the Software and Services, whether written or submitted online, and any materials specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Launder from time to time in its sole discretion;
"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith;
"Launder Technology" means all of Launder proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Launder in providing the Services;
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