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INTRODUCTION (a) These terms and conditions (Terms) govern your use of the Laundry Point application and your provision of services as a laundry and dry cleaning service provider (Launderer) through the app (Platform). The Platform connects people who want to outsource their laundry and dry cleaning (Customers) to Launderers, like you. (b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the Launderer, and us, Laundry Drop Pty Ltd ATF RKS Jaramillo Family Trust (ABN 28 564 658 581) trading as Laundry Point (Australia) (Laundry Point, we or us). (c) If you use the Platform on behalf of a company or organisation you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you are accepting these Terms on behalf of a Represented Entity, you represent and warrant that you are authorised to do so. (d) Capitalised words and phrases used in these terms have the meaning given by the words immediately preceding any bolded and bracketed word(s) or phrase(s).
OUR SERVICES AND YOUR SERVICES (a) In these Terms: (i) “Our Services” means the services we provide to Launderers and Customers (collectively, Users) through the Platform; and (ii) “Laundry Services” means the services provided to Customers introduced to Launderers via the Platform, including pickup and delivery, laundry and dry cleaning services. (b) You acknowledge and agree that the Platform is merely a medium that facilitates the introduction of Customers and Launderers, like you. (c) You will have the sole responsibility for any obligations or liabilities to Customers or other third parties that arise from your provision of the Laundry Services. (d) We do not provide any laundry services and do not have any obligations or liabilities to you or Customers in connection to the Laundry Services or any agreements you and the Customer may enter into. We will only accept liability for Our Services on the provisions of these Terms. You are liable for the Laundry Services you agree to provide to Customers on the Platform.
YOUR RELATIONSHIP WITH US (a) You acknowledge and agree that our legal relationship is limited to our provision and your receipt of the Platform and Our Services. (b) Nothing in these Terms constitutes or deems you to be our contractor, agent or employee. (c) Subject to these Terms, you have the sole right to determine when, where, and for how long you will: (i) use the Platform and Our Services; and (ii) provide the Laundry Services. (d) You have complete discretion to provide other services or otherwise engage in any business or employment.
ACCOUNTS 4.1 APPLYING FOR AN ACCOUNT (a) To join the Platform as a Launderer, you will need to apply for an account (Account). (b) As part of the Account application process and your continued use of the Platform, you will need to provide personal information and details, such as your email address, first and last name, a secure password, business name and address, contact number, and other information as determined by us from time to time. (c) You warrant that any information you give to us will always be accurate, honest, correct and up-to-date. (d) Once you complete the Account application process, we may, in our discretion, choose to approve you as a Launderer on the Platform and subject to you: (i) paying a one-off administrative fee (Admin Fee); (ii) agreeing to pay the Subscription Fee (defined in clause 7.4(a)) and Service Fee (defined in clause 7.5(a)); and (iii) creating an account with the Payment Provider (defined in clause 7.2(a)), we will provide you with an Account.
4.2 ACCOUNT RULES You acknowledge and agree: (a) that once we have approved your Account, to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, (or any other breach or potential breach of the Platform’s security); (b) to not use the Platform for any purpose other than for using Our Services and providing the Laundry Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; (c) not to act in any way that may harm our reputation or associated or interested parties or do anything at all contrary to our interests or the Platform; (d) that you must not copy, reproduce, translate, adapt, vary or modify the Platform; and (e) that we may change any features of the Platform or Our Services at any time without notice to you.
4.3 LOCATION SERVICES (a) The Platform requires location services to function. You must have location services turned on for the device you use to use the Platform and the Platform must have permission to access the location services. (b) If you do not have location services turned on or if the Platform does not have permission to access the location services, the Platform will not function. 4.4 SUSPENSION AND CANCELLATION OF ACCOUNT Without limiting any other provision of these Terms, we may, in our discretion, cancel your Account for any reason, including for any failure by you to comply with these Terms.
THE PLATFORM 5.1 CUSTOMERS AND JOBS (a) Once we have approved you as a Launderer on the Platform and provided you with an Account, you will have access to the Platform. (b) Your Account will be linked to a specific geographical area (Area). (c) Customers are required to create an account through the Platform. In creating an account, the Customer will input their details, including their name, payment information and contact information. (d) Once a Customer’s account is created, the Customer can create a request for Laundry Services (Job) through the Platform. The Job will include details of the Customer’s address for pickup and delivery (Address). (e) Subject to clause 6.1(b), if the Customer’s Address is within your Area, the Job will be directed to you.
5.2 PERFORMING THE LAUNDRY SERVICES (a) You will have the option on the Platform of accepting or rejecting a Job. (b) If you reject a Job, you must notify us immediately. (c) By accepting a Job, you are entering into a contract with the Customer and agreeing to perform the specific Laundry Services, in return for payment of the amount, as set out in the Job. (d) If you accept a Job, you agree to: (i) perform the Laundry Services as well as any other specific instructions provided by the Customer and as set out in the Job; (ii) collect the Customer’s laundry from the Address within the pick-up time and as set out in the Job; and (iii) return the Customer’s laundry to the Address within the turnaround time and as set out in the Job. (e) While performing any part of the Job, including the Laundry Services, collection and return of the Customer’s laundry, you must: (i) have location services for the device you use to use the Platform turned on; and (ii) ensure the Platform has permission to access the location services. (f) Once the Job has been completed, for us to process payment to you, you will need to record the Job as complete on the Platform. (g) If you reject a Job, we may direct the Job to a different Launderer.
5.3 PRICES (a) The Platform automatically applies a default price when a Customer creates a Job. The Customer may however change the price for the Laundry Services by contacting us. (b) When a Job is directed to you, you will be provided details about the Laundry Services to be provided and the amount the Customer is willing to pay. If you agree to the Job, you agree to perform the Laundry Services in return for payment of the amount as set out in a Job minus the Service Fee (defined in clause 7.5(a)).
5.4 CUSTOMER COMMUNICATIONS (a) You agree that while you are a Launderer on the Platform you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about via the Platform, or with whom you previously provided services to directly or indirectly via the Platform. This provision will apply whether or not the Customer or their representative is still active on the Platform. (b) You may communicate with the Customer directly using the Customer’s details as displayed on the Platform for the purposes of providing the Laundry Services. (c) We may, in our discretion, cancel your Account if we find or suspect that you have breached or are in breach of this clause 5.4.
YOUR OBLIGATIONS 6.1 LOCATION SERVICES (a) The Platform relies on location services. (b) You acknowledge and agree that Jobs will only be directed to you if: (i) location services for the device you use to use the Platform is turned on; and (ii) the Platform has permission to access the location services. (c) While performing any part of a Job you must: (i) have location services for the device you use to use the Platform turned on; and (ii) ensure the Platform has permission to access the location services.
6.2 LAUNDRY SERVICES You acknowledge and agree that: (a) the Platform relies on location services and you will have location services turned on for the device you use to use the Platform and the Platform must have permission to access the location services; (b) by accepting a Job you are able to and will provide the specific Laundry Services in accordance with the Job details; (c) you will provide the Laundry Services: (i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; (ii) using equipment that is fit for purpose; (iii) in a way that maintains high standards of professionalism, service and courtesy; and (iv) in compliance with all applicable laws. (d) you will take due precaution when providing the Laundry Services, including by checking for unsuitable items or items you reasonably assess is at risk of damage before performing the Laundry Services; and (e) you will notify the Customer immediately if the laundry received differs in any way from the Job details (for example a difference in total weight or quantity) or if there are damaged or incomplete items.
FEES AND PAYMENT 7.1 GENERAL (a) Unless otherwise indicated, all fees include GST. (b) We reserve the right to charge credit card surcharges if payment is made using a credit, debit or charge card (including Visa, MasterCard or American Express).
7.2 PAYMENT PROVIDER (a) We use a third-party payment provider (Payment Provider) to process payment of fees and payments from Customers. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting your fees. (b) The Payment Provider may charge a transaction fee for each Job. (c) You: (i) appoint the Payment Provider as your limited collection agent for the purpose of accepting payments from Customers for Jobs you have accepted; and (ii) agree that payments made by Customers to the Payment Provider will be considered the same as payments made directly by Customers to you.
7.3 ADMIN FEE (a) The Admin Fee is payable after you have been approved as a Launderer on the Platform. (b) The Admin Fee amount and method for payment will be set out on the Platform and is subject to change prior to you paying the Admin Fee without notice. Alternatively, we will notify you of the Admin Fee amount and method for payment after you have been approved as a Launderer on the Platform. (c) Subject to our agreement, you may pay the Admin Fee by installments.
7.4 SUBSCRIPTION FEE (a) You will be charged a weekly subscription fee (Subscription Fee). The Subscription Fee is payable in advance. (b) The Subscription Fee will be charged weekly on an automatic and continuing basis until your Account is cancelled. (c) The Subscription Fee amount and method for payment will be set out on the Platform or we will notify you of the Subscription Fee amount and method for payment after you have been approved as a Launderer on the Platform. (d) We reserve the right, from time to time, to change the Subscription Fee. We will notify you in advance if we do this. (e) The Subscription Fee is payable by direct debit (DD). You: (i) authorise us to direct debit the Subscription Fee in accordance with the Payment Provider’s “DD Authorisation Form” and/or “DD Agreement” (collectively the DD Forms); (ii) agree to enter into the DD Forms required by the Payment Provider; (iii) authorise us to charge your bank account or credit card in advance each week and in accordance with the DD Forms; (iv) agree to ensure that there are sufficient funds available in your account to allow the Payment Provider to direct debit the Subscription Fee; (v) acknowledge and agree that there may be additional fees payable and charged by the Payment Provider if you miss of fail to make any payment.
7.5 SERVICE FEE (a) We will charge a fee on each Job that you accept (Service Fee). The Service Fee will be a percentage of the total amount paid by the Customer for a Job. The percentage amount will be set out in on the Platform. (b) Once you have recorded a Job as completed on the Platform, the total amount paid by the Customer for the completed Job less the Service Fee will be transferred to you by the Payment Provider.
7.6 REFUNDS We do not offer change of mind refunds.
BYPASSING AND NON-COMPETE (a) You acknowledge and agree that you will not, while you have an Account and for the Non-Compete Period, directly or indirectly, including through a third party, solicit or attempt to solicit any business, work, income or other benefit, from any Customer, that you have accepted a Job from, while you had an Account (Platform Customer). (b) Clause 8(a) will apply whether or not the Customer is still active on the Platform. (c) If, while you have an account or during the Non-Compete Period, you provide any Laundry Services to a Platform Customer, then you agree to pay to pay us an amount equal to the Service Fee for the Laundry Services provided to the Platform Customer as if the Laundry Services were provided by you to the Platform Customer as a Job accepted through the Platform. (d) For the purposes of this clause 8, Non-Compete Period means: (i) 12 months following the cancellation, termination or expiry of your Account; or if held to be unenforceable (ii) 6 months following the cancellation, termination or expiry of your Account; or if held to be unenforceable (iii) 3 months following the cancellation, termination or expiry of your Account.
SERVICE LIMITATIONS The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that: (a) the Platform will be free from errors or defects; (b) the Platform will be accessible at all times; (c) any information sent through the Platform including Jobs will be delivered promptly, or delivered at all; (d) information you receive or supply through the Platform including Jobs will be secure or confidential; or (e) any information provided through the Platform including Jobs is accurate or true.
INTELLECTUAL PROPERTY (a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with Our Services (including text, graphics, logos, design, icons, images, functionality, pricing and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us. (b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without our prior written consent or as permitted by law. (c) In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms in Australia and throughout the world.
CUSTOMER COMPLAINTS (a) If a Customer has a complaint about the Laundry Services (Complaint) or requests a refund (Refund Request), the Customer will be directed to contact you. (b) If a Customer makes a Refund Request, you agree to notify us immediately and if: (i) you agree to the refund, we will refund to the Customer the relevant amount; or (ii) you do not agree to the refund, the Refund Request will be considered a Complaint and clause 11(c) will apply. (c) If a Customer makes a Complaint: (i) you agree to notify us immediately and provide us details of the Complaint; (ii) you agree to use your best efforts to resolve the Complaint in good faith; (iii) if the Complaint is not resolved in accordance with clause 11(c)(ii), we will use our reasonable efforts to assist you and the Customer to resolve the Complaint; and (iv) if the Complaint is still not resolved in accordance with clause 11(c)(iii), the Complaint will be considered a dispute and the dispute resolution process set out in clause 12 will apply. (d) Despite any other provision of this clause 11, we may, at our discretion, seek to directly resolve a Complaint or Refund Request with a Customer including by paying a full refund to the Customer.
DISPUTE RESOLUTION (a) A party (including us, you or a Customer) claiming that a dispute has arisen under or in connection with these Terms (complainant) must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless the complainant has complied with the requirements of this clause 12. (b) The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and proposed resolution. (c) Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. (d) If the dispute is not resolved within a period of 14 days after the date of the notice, any party to the dispute may refer the matter to a mediator. (e) If the parties cannot agree on a mediator within a further 14 days, the complainant will refer the matter to the President of the Law Institute of Victoria to appoint a mediator. The time and place for mediation will be determined by the mediator. The parties must attend the mediation, in good faith, to seek to resolve the dispute through mediation or if directed by the mediator through any other alternative dispute resolution processes. (f) Any attempts made by the parties to resolve a dispute in accordance with this clause 12 will be without prejudice to any other rights or entitlements of the parties under these Terms whether by law or in equity. (g) Each party must pay for their own costs in connection to any dispute or mediation and will be equally liable for the fees and reasonable expenses of the mediator and the cost of the venue of the mediator.
SECURITY We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.
DISCLAIMER, LIABILITY AND INDEMNITY 14.1 DIRECTORY SERVICE The Platform is a medium that facilitates the introduction of Customers and Launderers. We collect a subscription fee and service fee in consideration for providing this introduction service and we do not have any obligations or liabilities to, and are not a party to any contract between, Customers and Launderers (including you) in connection to such services or from the introduction.
14.2 EFFECTIVENESS OF OUR SERVICES AND PLATFORM We make no representation, guarantees or warranties as to the effectiveness of Our Services or the Platform and do not represent or warrant the number or quality of Customers that may be directed to you or otherwise engage with you in any way for the provision of Laundry Services of any kind from you.
14.3 LIMITATION OF LIABILITY To the maximum extent permitted by applicable law, we exclude completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to Our Services or the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.
14.4 WARRANTIES All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
14.5 CONSUMER LAW (a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: (i) to cancel your service contract with us; and (ii) to a refund for the unused portion, or to compensation for its reduced value. (b) You are also entitled to be compensated for any other reasonably foreseeable loss or damage. (c) If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
14.6 INDEMNITY You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’: (a) breach of these Terms; or (b) use of Our Service or the Platform.
14.7 CONSEQUENTIAL LOSS To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with Our Services, the Platform, these Terms or their subject matter, or any services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
15.3 CONFIDENTIAL INFORMATION You agree to not disclose Confidential Information directly or indirectly to any third party, except: (a) with our prior written consent; (b) as required by law; or (c) for the purposes of performing a Job. 15.4 In this clause 15, “Confidential Information” means information of, or provided by, us that is by its nature confidential information, is designated as confidential, or that you know or ought to know is confidential, but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.
CANCELLATION 16.1 CANCELLATION BY YOU (a) You will be charged the Subscription Fee every week automatically and continuously unless you cancel your account at least 24 hours before the start of the next billing week. You may cancel your Account at any time by providing us with notice. (b) If you cancel your Account, you will continue to have access to the Platform until the end of the then current billing week.
16.2 CANCELLATION BY US (a) To the extent permitted by law, we reserve the right to cancel your Account at any time without notice, for any reason. If we cancel your Account in accordance with this clause 16.2(a), you will continue to have access to the Platform unit the end of the then current billing week. (b) We may also cancel your Account at any time without notice and without issuing a refund if you breach any provision of these Terms.
16.3 EFFECT OF CANCELLATION Upon cancellation, termination or expiry of your Account, we may retain or delete any data and material associated with your Account. If deleted, you will not be able to recover any of your data and material. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of, in correction to or in relation to the cancellation, termination or expiry of your Account.
RECORD KEEPING To the maximum extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through the Platform between you and any Customers (including information about Jobs, messages, cookies, and I.P. address information) for administration purposes and also hold the right to produce these records in the event of any legal dispute.
NOTICE REGARDING APPLE 18.1 If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree: (a) these Terms are between you and us and not with Apple. Apple is not responsible for the Services or any content available on the Services; (b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services; (c) in the event of any failure by us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility; (d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation; (e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim; (f) that you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; (g) you must comply with applicable third party terms of agreement when using the Services; and (h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary. 18.2 In this clause 18, “Services” means, as relevant, Our Services and/or the Platform.
NOTICES (a) A notice or other communication to a party under these Terms must be: (i) in writing and in English; and (ii) delivered via email to the other party, to (in our case) our contact email address set out on the Platform and (in your case) the email address associated with your Account (collectively the Email Address). (b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given: (i) 24 hours after the email was sent; or (ii) when replied to by the other party, whichever is earlier.
GENERAL 20.1 GOVERNING LAW AND JURISDICTION These Terms are governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
20.2 WAIVER No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
20.3 SEVERANCE Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
20.4 JOINT AND SEVERAL LIABILITY An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
20.5 ASSIGNMENT You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
20.6 ENTIRE AGREEMENT These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these Terms.
20.7 THIRD PARTY CONTENT The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
20.8 INTERPRETATION (a) (singular and plural) words in the singular includes the plural (and vice versa); (b) (gender) words indicating a gender includes the corresponding words of any other gender; (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (d) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (f) (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it; (g) (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time; (h) (headings) headings and words in bold type are for convenience only and do not affect interpretation; (i) (includes) the word “includes” and similar words in any form is not a word of limitation; and (j) (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that