Washmen’s Terms and Conditions
Updated: December 1st, 2016
These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.washmen.com (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING WASHMEN. APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE WASHMEN. APPLICATIONS OR ANY SERVICES PROVIDED BY US.
Your contracting partner is WASHMEN FZ LLC., a corporation established in Media Zone Authority, Abu Dhabi, UAE (“WASHMEN”).
What services does WASHMEN provide?
WASHMEN provides pick-up and delivery services for dry cleaning and laundry. WASHMEN interacts with Dry Cleaners and Laundromats (“Cleaners”) to clean clothes that you give WASHMEN for cleaning. Pick-up and delivery may be requested through our Website or the use of an application supplied by WASHMEN and downloaded and installed by you on your single mobile device (smartphone) (the “Application”). All services provided by WASHMEN to you by means of your use of the Website or Application are hereafter referred to as the “Service”.
How is a contract concluded between WASHMEN and you?
By using the Website, Application or the Service, you enter into a contract with WASHMEN (the “Contract”). In order to be able to use the Website, Application or Service, you first need to sign up with WASHMEN. When signing up, you are obligated to provide WASHMEN with your personal information, mobile telephone number, address for pick-up and delivery, and credit card data (only requested when placing an order). Upon successful completion of your signing up with WASHMEN, WASHMEN will provide you with a personal account, which may be accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Service, Website, or Application. If you reside in a jurisdiction that restricts the use of the Service, Website, or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
Your use of the Website, Application, or the Service.
You warrant that the information you provide to WASHMEN is accurate and complete. WASHMEN is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. WASHMEN is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. WASHMEN reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Website, Application or the Service, you further agree that:
- You will only use the Service, Website, or download the Application for your sole, personal use and will not resell it to a third party.
- You will not authorize others to use your account.
- You will not assign or otherwise transfer your account to any other person or legal entity.
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization.
- You will not use the Service, Website, or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
- You will not use the Service , Website, or Application to cause nuisance, annoyance or inconvenience.
- You will not impair the proper operation of the network.
- You will not try to harm the Service , Website, or Application in any way whatsoever.
- You will not copy, or distribute the Website, Application, or other WASHMEN Content without written permission from WASHMEN.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service, Website, and the Application.
- You will provide us with whatever proof of identity we may reasonably request.
- You will not use the Service, Website, or Application with an incompatible or unauthorized device.
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application, Website, or Service.
WASHMEN reserves the right to immediately terminate the Service and the use of the Website or Application should you not comply with any of the above rules.
Care for Garments
WASHMEN Â follows the care label instructions on each Garment that is processed. If a care label instruction tag was missing, WASHMEN will make a best-effort judgement on the method chosen for cleaning. If user requests garment treatment which is contradictory to that indicated on the care label instructions, WASHMEN will make an attempt to contact the user and advise on the potential risks associated with proceeding with the treatment. If WASHMEN are unable to obtain the userâ€™s approval to proceed, WASHMEN shall refrain from cleaning the garment in question. If the user authorizes WASHMEN to proceed, the user will assume responsibility for any damage to the garments.
WASHMEN will not guarantee the the successful removal of any stain but will make every attempt to remove stains without damage to my garment.
WASHMENâ€™s delivery pickup personel will count every item given to them by the user for cleaning. The user has the right to ask for a confirmation receipt for the number of items that will be taken to our supplierâ€™s laundry and dry clean facility. Once the garments arrive at the supplierâ€™s facility, the supplierâ€™s attendant will carry out a separate and thorough count of the cycle and will check to see that the count matches WASHMENâ€™s count. If the counts do not reconcile, WASHMEN will proceed with cleaning the Garments and give the user a call the next day to inform them of the difference.
The use of the Website and Application is free of charge. WASHMEN reserves the right to introduce a fee for the use of the Application. If WASHMEN decides to introduce such a fee, WASHMEN shall inform you accordingly and allow you to either continue or terminate the Contract.
WASHMEN shall charge you for the services you request, which may include dry cleaning, laundered shirts, wash & fold, pressing or related services (“Cleaning”). You agree that you will pay for all Cleaning you purchase through WASHMEN, and that WASHMEN may charge your credit card account as provided by you when registering for the Service for the Cleaning (including any taxes, late fees, or additional fees as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing WASHMEN with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. Once the items have been cleaned, an email invoice will be sent detailing the number of items that were cleaned as well as the charges minus any promotions or credits accumulated. Payments will be processed after the items have been cleaned by our suppliers, any rejected credit card transactions will need to be settled in cash upon delivery of the cleaned items.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold WASHMEN, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys, agents and suppliers harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. WASHMEN will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
WASHMEN shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of WASHMEN.
WASHMEN shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including â€“ but not limited to â€“ damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
User understands that there is inherent risk in Cleaning and there is potential for clothing and related items to get lost or damaged. WASHMEN will do its best to ensure situations like this do not happen, and in the instances they do happen, will work with the User to rectify the situation. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law and according the industry practices, WASHMENâ€™s aggregate liability shall in no event exceed an amount of AED 2,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.
DAMAGED ITEMS. Taking care of your garments is our number one priority. We strive to provide exceptional service. While we are very cautious to treat all garments carefully, 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, WASHMEN may reimburse you by paying up to twenty (20) times the charge for cleaning the item regardless of brand, price or condition of the garment. In comparison, the industry standard pays up to ten (10) times the cleaning charge. Any damaged items must be reported firstname.lastname@example.org and inspected by WASHMEN within seven (7) days through digital photos and in-person.
Any lost item must be reported within 7 days of the delivery of the garments to email@example.com. All claims are reviewed on a case-by-case basis. Items are considered lost twenty (20) days after the initial claim has been made. In line with industry practices, any reimbursement for an item deemed lost by WASHMEN shall be limited to twenty (20) times the charge for treating the garment. In comparison, the industry standard pays up to ten (10) times the cleaning charge. WASHMEN shall not take responsibility for any loose items lost when submitted in a WASHMEN bag, such as watches, jewelry, or cufflinks.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“WASHMEN Content” means Content owned or used by WASHMEN, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
“Collective Content” means, collectively, WASHMEN Content and User Content.
Subject to your compliance with these User Terms, WASHMEN grants you a limited, non-exclusive, non-transferable license:
(i) to view, download and print any WASHMEN Content solely for your personal and non-commercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of WASHMEN. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by WASHMEN or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, WASHMEN shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that WASHMEN only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. WASHMEN shall not be continuously monitoring User Content published by you or moderating between Users, nor shall WASHMEN be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of WASHMEN.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep WASHMEN, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by WASHMEN or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
WASHMEN reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which WASHMEN believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to WASHMEN.
You agree to promptly notify WASHMEN in writing of any User Content which breaches these User Terms. You agree to provide to WASHMEN sufficient information to enable WASHMEN to investigate whether such User Content breaches these User Terms. WASHMEN agrees to make good faith efforts to investigate such complaint and shall take such action as WASHMEN in its sole discretion decides. However, WASHMEN does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, WASHMEN grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
WASHMEN will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. WASHMEN may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that WASHMEN has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. WASHMEN reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that WASHMEN, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
Intellectual Property Ownership
WASHMEN alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by WASHMEN. WASHMENâ€™s name, logo, and the product names associated with the Application and Service are trademarks of WASHMEN, its affiliated companies or third parties, and no right or license is granted to use them.
App Store Sourced Application
With respect to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Appleâ€™s proprietary operating system software); and (ii) as permitted by the â€œUsage Rulesâ€ set forth in the Apple App Store Terms of Service. WASHMEN reserves all rights in and to the Application not expressly granted to you under these User Terms.
You acknowledge and agree that (i) these User Terms are valid between you and WASHMEN only, and not Apple, and (ii) WASHMEN, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between WASHMEN and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WASHMEN.
You and WASHMEN acknowledge that, as between WASHMEN and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and WASHMEN acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third partyâ€™s intellectual property rights, as between WASHMEN and Apple, WASHMEN, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
You and WASHMEN acknowledge and agree that Apple, and Appleâ€™s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these User Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these User Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof.
Without limiting any other provisions of these User Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Third Party Interactions
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond WASHMEN’s control.
Term and termination of the contract
The Contract between WASHMEN and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smartphone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by contact WASHMENâ€™s customer support at firstname.lastname@example.org.
WASHMEN is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of WASHMEN, misuse the Application or the Service. WASHMEN is not obliged to give notice of the termination of the Contract in advance. After termination WASHMEN will give notice thereof in accordance with these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the Service and User Terms
WASHMEN reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. WASHMEN may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
WASHMEN may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in WASHMEN’s account information.
You may not assign your rights under these User Terms without prior written approval of WASHMEN.
Applicable law and Venue
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the Dubai and the UAE. Any dispute in relation to these terms and conditions shall be settled by the competent Courts of Dubai
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and WASHMEN are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
Our Corporate Address
WASHMEN DELIVERY SERVICES ESTABLISHMENT