1.1. These terms and conditions (Terms) govern your use of the Wash’em All app and the use of Our Services through the app (Platform). The Platform connects people, like you (Customers, you or your) to drivers and launderers who provide laundry and (Driver and Launderer)
1.2 By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, the Customer and us, Airday Solutions Pty Ltd (ABN 16 657 830 478) trading as Wash'em All (Australia) (Airday Solutions Pty Ltd, Wash'em All, we or us).
1.3 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).
1.4 We may use Google Maps/Earth mapping services or any other mapping service provider, including the mapping service provider’s API(s). Your use of Google Maps/Earth or any other mapping service provider is subject to that mapping service provider’s terms and conditions.
2.1 In order to use Our Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. You may not access our Services if these facts are not true.
2.2 If you use Our Services 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.
3.1.1 “Our Services” means the services we provide to Drivers, Launderers and Customers (collectively, Users) through the Platform; and
3.1.2 “Laundry Services” means the services provided to Customers introduced to Drivers and Launderers via the Platform, including pickup and delivery and laundry services.
3.2 You acknowledge and agree that the Platform is merely a medium that facilitates the introduction of Customers, like you and Drivers and Launderers.
3.3 You acknowledge and agree that our legal relationship is limited to our provision and your receipt of the Platform and Our Services.
3.4 You will have the sole responsibility for any obligations or liabilities to Drivers, Launderers or other third parties that arise from you obtaining Laundry Services.
3.5 We do not provide any laundry services and do not have any obligations or liabilities to you or Launders in connection to the Laundry Services or any agreements you and the Driver and Launder 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 obtain from Drivers and Launders on the Platform.
4.1.1 To join the Platform as a Customer, you will need to apply for an account (Account).
4.1.2 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, address, contact number, and other information as determined by us from time to time.
4.1.3 You warrant that any information you give to us will always be accurate, honest, correct and up-to-date.
4.1.4 Once you complete the Account application process, we may, in our discretion, choose to approve you as a Customer on the Platform.
You acknowledge and agree:
4.2.1 that if 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 prohibited. Please 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);
4.2.2 not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
4.2.3 not to use the Platform for any purpose other than for using Our Services and obtaining Laundry Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
4.2.4 not to make any automated use of the Platform
4.2.5 not to copy, reproduce, translate, adapt, vary or modify the Platform;
4.2.6 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; and
4.2.7 that we may change any features of the Platform or Our Services at any time without notice to you.
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.
5.1.1 Once we have approved you as a Customer on the Platform and provided you with an Account, you will have access to the Platform.
5.1.2 You can then create a request for Laundry Services (Job) through the Platform.
5.1.3 When you create a Job you will be asked to provide details about the Job including:
5.1.3.1 the Laundry Services you require;
5.1.3.2 the Launderer from whom you require the Laundry Service
5.1.3.3 pick up address (Job Address);
5.1.3.4 pick up time (Job Time);
5.1.3.5 ,the weight of the Job (Job Weight); and
5.1.3.6 any special instructions.
5.1.4 Some of the details may be prefilled using information from your Account however this can be changed.
5.1.5 Once your Job is created, it will then be directed to a Driver who can then accept or reject the Job.
5.1.6 If your Job is rejected, at our discretion, your Job:
5.1.6.1 will be redirected to other Drivers for acceptance; or
5.1.6.2 it may be cancelled. If your Job is cancelled, you will not be charged for the Job.
5.2.1 Once a Driver has accepted your Job, the Driver will pick up your Job from the Job Address at the Job Time.
5.2.2 We encourage our Drivers to always pick up a Job by the Job Time and if they are unable to do so, to contact you as soon as possible to arrange for a different time. We cannot, however, guarantee that a Driver will pick up your Job by the Job Time and we will not be liable to you for any loss or damage that arise from a Driver not picking up your Job within the Job Time.
5.2.3 Please ensure you will be available for the Driver to pick up your Job from the Job Address at the Job Time.
5.2.4 If you will not be available, please contact the Driver as soon as possible to reschedule the Job Time.
5.3.1 The Driver will weight your Job at pick up. You are responsible for ensuring that the Job Weight provided is accurate.
5.3.2 The minimum Job Weight for any Job is prescribed by respective Launderers.
5.3.3 If the actual weight of your Job is less than that minimum prescribed by the Launderer, You will be charged for the minimum as prescribed by the respective Launderer.
5.3.4 If the actual wight is more than what has been put onto the system when making the booking by You, then You will need to update the app with the correct weight in the presence of the Driver.
If your Job includes special instructions, let the Driver know of these special instructions when they pick up your Job. If a special instruction applies for a specific item, please keep this item separate from any other items that are part of a Job.
5.5.1 Once the Driver has finished the Job, they will drop off your Job at the Job Address.
5.5.2 If you are unavailable to collect your Job in person, the Driver will leave your Job at the Job Address.
5.5.3 If you know you will be unavailable, let the Driver know where they can leave your Job when they come to pick up your Job.
5.5.4 Although we recommend Drivers leave a Job in a suitable and safe area, we cannot guarantee that the Driver will leave your Job in an area that will ensure none of your items will be damaged or stolen. It is your responsibility to be available to collect your Job in person if you do not want to risk any damage to your items or your items being stolen. We will not be liable to you for any of your items being damaged or stolen.
5.6.1 Please ensure you provide accurate and complete details when creating a Job.
5.6.2 Drivers accept a Job based on the information provided by a Customer when they create a Job. Drivers are under no obligation to check that the items you have provided for a Job, accurately or completely match with the information provided for that Job. For example, if you create a Job for only general laundry, the Driver is under no obligation to check that the items provided are suitable for general laundry. It is your responsibility to ensure any items provided for a Job you create are suitable for the Laundry Services that you have requested. We will not be liable to you for any loss or damage (including any costs to repair any damaged items, costs to replace any damaged items or costs to perform any additional services) that arise from you obtaining Laundry Services.
The Platform automatically applies the prices specified in the Platform.
6.1.1 Unless otherwise indicated, all prices include GST.
6.1.2 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).
We use a third-party payment provider (Payment Provider) to process payments. 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 payments.
7.1 You acknowledge and agree that you will not communicate or request or entice a Driver or Launderer to communicate with you, outside of the Platform (except in the course of obtaining Laundry Services from a Driver or Launderer who has accepted your Job).
7.2 We may in our discretion, cancel your Account and suspend you from using the Platform if we find or suspect that you have breached or are in breach of this clause 7.
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:
9.1 We retain ownership of all materials developed or provided (or both, as the case may be) in connection with Our Services and the Platform (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.
9.2 You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without our prior written consent or as permitted by law.
9.3 In this clause 9, “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.
10.1 If you have a complaint about the Laundry Services provided by a Driver or Launderer (Complaint) or would like to request a refund from a Driver or Launderer (Refund Request), please contact Us directly and we will use our reasonable efforts to assist you.
If your Complaint or Refund Request is still not resolved despite our assistance, the Complaint or Refund Request will be considered a dispute and the dispute resolution process set out in clause 11 will apply or if the Complaint.
11.1A party (including us, you or a Launderer or Driver) 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 11.
11.2 The complainant must give the other party or parties to the dispute written notice containing reasonable details of the dispute and proposed resolution.
11.3 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.
11.4 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.
11.5 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.
11.6 Any attempts made by the parties to resolve a dispute in accordance with this clause 11 will be without prejudice to any other rights or entitlements of the parties under these Terms whether by law or in equity.
11.7 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.
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.
13.1.1 The Platform is a medium that facilitates the introduction of Customers and Drivers and Launderers. We collect a fee, where applicable, 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 (including You), Drivers and Launderers in connection to such services or from the introduction.
13.1.2 You acknowledge and agree that:
13.1.2.1 Drivers and Launderers are independent contractors or owned and operated by third parties, respectively, that are not under our control;
13.1.2.2 an introduction to a Driver or a Launderer (including through a Driver and Launderer accepting a Job) does not imply any endorsement or recommendation by us of any Driver or Launderer; and
13.1.2.3 any terms and conditions relating to a service (including Laundry Services) provided through the Platform constitute a contract between you and the Driver and Launderer and do not involve us in any way.
To the maximum extent permitted by applicable law, we exclude completely, or if held unenforceable, our maximum aggregate liability to you will be $100 AUD for, 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.
We make no representation, guarantees or warranties as to the effectiveness of Our Services or the Platform. All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
15.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
15.1.1 to cancel your service contract with us; and
15.1.2 to a refund for the unused portion, or to compensation for its reduced value.
15.2 You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
15.3 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.
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’:
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)).
You agree to comply with:
You agree to not disclose Confidential Information directly or indirectly to any third party, except:
You may cancel your Account at any time through the Platform or by contacting us.
19.2.1 To the extent permitted by law, we reserve the right to cancel your Account at any time without notice, for any reason.
19.2.2 We may also cancel your Account at any time without notice if you breach any provision of these Terms.
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.
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 Driver and Launderer (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.
22.1 A notice or other communication to a party under these Terms must be:
22.1.1.1 in writing and in English; and
22.1.1.2 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).
22.2 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:
22.2.1 24 hours after the email was sent; or
22.2.2 when replied to by the other party,
whichever is earlier.
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.
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.
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.
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
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.
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.
24.1.1 (singular and plural) words in the singular includes the plural (and vice versa);
24.1.2 (gender) words indicating a gender includes the corresponding words of any other gender;
24.1.3 (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;
24.1.4 (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;
24.1.5 (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;
24.1.6 (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;
24.1.7 (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
24.1.8 (headings) headings and words in bold type are for convenience only and do not affect interpretation;
24.1.9 (includes) the word “includes” and similar words in any form is not a word of limitation; and
24.1.10 (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 provision.
