The Wash – Terms & Conditions

Last updated: March 19, 2023

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS

Contractual Relationship

The terms and conditions (“Agreement”) apply to The Wash’s website (thewashlaundry.com), the related mobile application and/or selected other domains, existing or future, content, products and services (collectively, the “Services”). As used in this Agreement, “The Wash,” “we,” “us,” or “our” shall mean The Wash.

By accessing or using our Services, whether or not you register, you agree to the terms of this Agreement and to the collection, use and disclosure of your information as set forth in our Privacy Policy, which establish a contractual relationship between you and The Wash. This Agreement supersedes prior agreements or arrangements with you. You should review the Agreement before providing us with any information.

If you do not agree with this Agreement please do not access or use our Services.

As a condition to this Agreement you acknowledge that we may, in our sole discretion modify this Agreement at any time. All modifications will be effective immediately upon posting. If you continue to use the service after the posting of any and all modifications constitutes your consent to the changes. You are responsible to review this Agreement from time to time so that you are aware of any and all changes to the Agreement.

The Services

The Wash is a weekly and/or on-demand laundry service that enables users to schedule the delivery using the The Wash website and/or mobile applications (collectively, the “Applications”). After scheduling service using the Application, The Wash or a third party, which is an independent contractor working with The Wash will clean the clothing.

Ownership, Service Terms and Limitations

Proprietary Rights. The Services, including but not limited to, the text, content, photographs, images, audio, graphics, and any software (which includes any files or images incorporated in or generated by the software) available on the Services are owned and operated by The Wash.

The Services and related materials (“Materials”) are protected by copyright, trademark, domain name, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks and trade names are owned by The Wash.

By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.

You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Services only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Services. You agree not to use any The Wash logo or any other proprietary graphic or trademark without The Wash’s express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Services, and any copies or portions thereof, shall remain in The Wash and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.

Grant of Limited License

Subject to your compliance with the terms of the Agreement, The Wash grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by The Wash and The Wash’s licensors.

Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of The Wash or such other party as may own the proprietary rights.

Use of Services

User Requirements and Conduct

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age to obtain an Account. Account registration requires you to submit to The Wash certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account, review the fees to be charged for your use of the Services; and authorize The Wash and its affiliates to charge your Credit Card for any and all Fees incurred by you for your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or The Wash termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by The Wash in writing, you may only possess one Account per household.

The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to use the Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances The Wash or a Third Party Contractor may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.

User Representations

You represent and warrant to The Wash that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying The Wash in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the Terms of Service set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.

User Restrictions and Promotional Offers and Special Offers

You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of The Wash and/or the copyright owner; or (ii) submit content or information that is purposely inaccurate, commits fraud or falsifies information in connection with your Account or to create multiple Accounts. The Wash may, in our sole discretion, create promotional codes that may be redeemed for Service credit or other features or benefits, subject to the terms that The Wash may establish on a per promotional basis.  You agree that promotional codes (i) must be used for the intended audience and purpose, (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public, unless explicitly approved by The Wash in writing (iii) exceed or attempt to exceed quantity limits when purchasing offerings or promotions or otherwise using any Account to purchase offerings or promotions for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by the terms of this Agreement and the terms of a specific offer on the Services. All promotional codes (i) may be disabled by The Wash at any time for any reason without liability to  The Wash; (ii) are not valid for cash; and (iii) may expire prior to your use.

The Wash reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional offer by you or any other user in the event that The Wash determines or believes that the use or redemption of the promotion offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. The Wash shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud or known or potential violations of the law or terms of this Agreement.

Text Messages

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from The Wash at any time by sending a request to [email protected]. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.

Minimum Charge Per Order

The Wash charges a minimum order price and it is disclosed on The Wash price list. The minimum order amount may change from time to time.

Damaged or Lost Items

Damaged Items

The Wash follows the standards and policies set forth by the Fabricare Industry and the International Fabricare Institute. We exercise utmost care in cleaning and processing garments entrusted to us and use such processes, which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, shrinkage, or against damage to weak and tender fabrics.

Although, we try as hard as possible to track such items, we are not responsible for loose items in pockets or bundles of garments (i.e. jewelry, watches, cash). We request that customers empty pockets prior to putting laundry out for pickup as we can not be held responsible for damage to your garments from items left in pockets (lipstick, gum, pens, etc.). The Wash liability with respect to any damaged items shall not exceed ten (10) times our charge for cleaning that garment regardless of brand or condition.

The Wash will not be responsible for any reparation beyond $100.00, even if the order costs over $10.00 to process. Any single item will not be valued beyond $25.00 for reimbursement.

Lost Items

Please report any missing items from your order to [email protected] within 24 hours of delivery. The Wash is not responsible for any missing items reported after this time.

Pick-Up and Delivery

Our goal is to provide a convenient and frictionless service to our customers and are willing to leave orders wherever the customer dictates. However, The Wash is not responsible for any items if the order was not personally received and personally delivered to and from a The Wash employee. The Wash is not responsible for missing items from orders that are picked up or dropped off in an unsecured or unattended location.

Online Communications

We may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of our users.

You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to The Wash an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in The Wash’s sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to The Wash’s disclosure of any information related to your use of the Services in any capacity in connection with The Wash’s display of your User Content on the Services. You also agree to indemnify and hold The Wash harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.

Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. The Wash and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.

By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. The Wash reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. The Wash will also cooperate with local, state and/or federal authorities to comply with applicable law.

No Unlawful or Prohibited Use / Monitoring of Services

By using and accessing the Services, you agree that you will not use the Services for any unlawful purpose or engage in any use prohibited by this Agreement. You further agree that you will not use the Services in any manner that could damage, disable, overburden or impair any The Wash server, or the network(s) connected to any The Wash server, or interfere with any other party’s use and enjoyment of the Services. You may not attempt, through any means, to gain unauthorized access to any part of the Services, other account, computer system or network connected to any The Wash server. The Wash reserves the right, in its sole discretion, to monitor any and all use of the Services.Violators of the Agreement

The Wash reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.

Payment

You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the full service obtained through your use of the Service and Applications, The Wash will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email.

Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by The Wash. Any request for lower Charges or disagreement with the Charges should be addressed to The Wash by contacting [email protected].

We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in our sole discretion.

The Wash may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.

DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY

DISCLAIMER

THE MATERIALS AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, The Wash AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THE SERVICES AND THE MATERIALS HEREIN ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS STILL THE USER RESPOSIBILITY TO CAREFUL READ AND INSPECT ANY SERVICE OR PRODUCT YOU PURCHASE THROUGH OUR APPLICATIONS UPON YOUR RECEIPT TO DETERMINE SAEFTY AND APPRORPIATENESS FOR YOUR CONSUMPTION OR USE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Wash DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND/OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT The Wash) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall The Wash or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if The Wash or an authorized representative has been advised of the possibility of such damages. In no event shall The Wash have any liability for any damages, losses and other causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services.

These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement.

USE OF LINKS

The Services may contain links to other websites and services, which are developed, sponsored and/or maintained by third parties.

We do not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, The Wash is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. We make no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. We reserve the right to discontinue links to any other website at any time and for any reason.

INDEMNITY

You agree to indemnify and hold The Wash and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) The Wash’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors.

MISCELLANEOUS GOVERNING LAW

You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of NY, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Services, shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of NY. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by The Wash of any provision of this Agreement must be in writing.

NOTICE

The Wash may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to The Wash, with such notice deemed given when received by The Wash, at any time by first class mail or pre-paid post to 69 Franklin Street, Belleville, NY 07109

GENERAL

You may not assign these Terms without The Wash’s prior written approval. The Wash may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of The Wash equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, The Wash or any Third Party Contractor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Wash in writing.

MOBILE TERMS OF SERVICE

The The Wash Laundry mobile message service (the “Service”) is operated by The Wash Laundry (“The Wash Laundry”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to The Wash Laundry’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of The Wash Laundry through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with The Wash Laundry. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18335371618 or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other The Wash Laundry mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18335371618 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.