3. USE OF THE SERVICES
USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS
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 Cleanly 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. 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 Cleanly’s 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 Cleanly in writing, you may
only possess one Account.
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 Cleanly 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.
By creating an Account, you agree that the Services may send you informational text
messages as part of the normal business operation of your use of the Services. You may
opt-out of receiving text (SMS) messages from Cleanly at any time by sending a request
to firstname.lastname@example.org or by replying STOP to any message you receive. You acknowledge
that opting out of receiving text (SMS) messages may impact your use of the Services.
PROMOTIONAL CODES AND SPECIAL OFFERS
Cleanly may, in Cleanly’s sole discretion, create promotional codes that may be redeemed
for Account credit or other features or benefits related to a Third Party Contractors,
subject to terms that Cleanly may establish on a per promotional code basis (“Promo
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and
in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or
made available to the general public, unless expressly permitted by Cleanly, in advance
in writing; (iii) may be disabled by Cleanly at any time for any reason without
liability to Cleanly; (iv) are not valid for cash; and (v) may expire prior to your use.
Cleanly reserves the right to withhold or deduct credits or other features or benefits
obtained through the use of Promo Codes by you or any other user in the event that
Cleanly determines or believes that the use or redemption of the Promo Code was in
error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the
terms of the Agreement.
MINIMUM PRICE ORDER
The minimum order price is as cited on Cleanly’s Services and may change from time to
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network’s data and messaging rates and fees may apply if you access or use
the Services from a wireless-enabled device. You are responsible for acquiring and
updating compatible hardware or devices necessary to access and use the Services and
Applications and any updates thereto. Cleanly does not guarantee that the Services, or
any portion thereof, will function on any particular hardware or devices. In addition,
the Services may be subject to malfunctions and delays inherent in the use of the
Internet and electronic communications.
DAMAGED OR LOST ITEMS
It is our priority to supply the best care to your garment and we appreciate your trust.
Although we do our best to prevent any damages to your garment, 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, Cleanly may reimburse you by
paying up to ten (10) times the charge for cleaning the item for which the damage
occurred regardless of brand, price or condition of the garment. To the fullest extent
permitted by law, Cleanly’s total liability in connection with a damaged item shall not
exceed the foregoing amount.
Any damaged items must be reported to email@example.com and inspected by Cleanly,
within seven (7) days from date the damaged item was returned to you by Cleanly, through
digital photos or in-person.
Any lost item must be reported to firstname.lastname@example.org within seven (7) days of the
delivery of related garments. All claims are reviewed on a case-by-case basis. Items are
considered lost twenty (20) days after the initial claim has been made. Any
reimbursement for an item deemed lost by Cleanly shall be limited to and shall not
exceed ten (10) times the charge for cleaning the lost item regardless of brand, price
or condition of the garment. To the fullest extent permitted by law, Cleanly’s total
liability in connection with a lost item shall not exceed the foregoing amount.
Cleanly does not take responsibility for any loose items lost when submitted in a
Cleanly bag, such as watches, jewelry, cufflinks, etc. and shall have no liability for
PICK UP AND DELIVERY
Our goal is to provide valuable and timely service to all of our customers and partners.
Therefore, you can edit the time of a pickup up to 30 minutes before the requested
pickup time and you can freely reschedule a delivery prior to 6pm for any evening
delivery and prior to 6am for any morning delivery. If you cancel a pickup less than 30
minutes before your requested time, rescheduled a delivery after the designated time for
change, or if our partners cannot deliver or pickup an order because you or your
designee failed to appear, we may charge a cancellation fee in a reasonable amount
(currently set at $5).
We hope to provide a convenient service to all our customers and can leave orders
outside residences or with a doorman, provided the customer gives written consent.
However, once delivery has been made, we will not be held responsible or liable for the
loss or damage of any items. It is the customer’s sole responsibility to ensure the
safety of items after delivery by Cleanly.
You have an option to ask us to leave your laundry with the doormen or other location,
but Cleanly will not be responsible for any lost cause as a result.
Cleanly reserve the right to keep records of your garments and retain, store, display or
reproduce such records which may include images or photographs, and associate such
records with your name or other profile information for commercially reasonable periods
for archival, inventory purposes, quality control, loss prevention, and or data
USER CONTENT AND INTERACTIVE AREAS
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 Cleanly 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 Cleanly’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 Cleanly’s disclosure of any information related to your use of the Services in
any capacity in connection with Cleanly’s display of your User Content on the Services.
You also agree to indemnify and hold Cleanly 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. Cleanly 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. Cleanly 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. Cleanly will also cooperate
with local, state and/or federal authorities to comply with applicable law.
NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES
By participating in any of the aforementioned activities, all users agree to follow any
standards of conduct posted through the Services. Without limiting the foregoing, you
shall not provide any User Content that is infringing, defamatory, unlawful, obscene,
sexually explicit, harassing, threatening, abusive, illegal or otherwise improper.
Cleanly reserve the right to change, delete or remove, in part or in full, any User
Content in Interactive Areas and to terminate or suspend access to such areas of the
Services for conduct that we believe, in our sole discretion, violates acceptable use
standards or interferes with other peoples’ enjoyment of our Services. Cleanly will also
cooperate with local, state and/or federal authorities to comply with applicable law.
Cleanly reserves the right, in its sole discretion, to monitor any and all use of the
VIOLATIONS OF THE AGREEMENT
Cleanly 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.
TERMINATION OF SERVICES
Cleanly reserves the right, in its sole discretion, to terminate your access to the
Applications and Services or any portion thereof at any time. We will use commercially
reasonable efforts to attempt to notify you of such termination. Cleanly reserves the
right to cancel Services and/or your Account for cause, such as if a delivery site is
unsuitable, inaccessible or unsafe, or due to force majeure or inappropriate or abusive
activity by you or third parties. In the event of any termination, you will be
responsible for paying for Services performed prior to termination.
The Agreement shall continue to apply for as long as you use the Services, and any
provisions contained herein which by their nature or effect are required or intended to
be observed after termination will survive termination and remain binding, including the
provisions regarding your indemnification obligations, our limitations of liability and
the resolution of disputes through arbitration.