TERMS OF SERVICE
Please read these Terms of Service (these “Terms”) and our Privacy Policy (https://CLICK WASHER.co/privacy-policy) (“Privacy Policy”) carefully, as they govern your use of the CLICK WASHER website located at https://CLICK WASHER.co/ (the “Site”) and our partner marketplace, CLICK WASHER, which connects laundry service providers and individuals seeking laundry services (the “Marketplace”), along with any other services accessible through the Site and the corresponding mobile application (“App”) offered by CLICK WASHER Technologies, Inc.[1] (“CLICK WASHER”). For ease of reading these Terms, (a) the Site, the App, and the services and features described above available through the Site and App, including the Marketplace, are collectively referred to as the “Platform,” and (b) “you” means: (i) you, the person using the Platform; and (i) any other person or entity on whose behalf you use the Platform, including as designated in any account created by you for use of the Platform (“Account”).
IMPORTANT ARBITRATION NOTICE FOR U.S. USERS: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND CLICK WASHER THROUGH BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. PLEASE CAREFULLY READ SECTION 22 “DISPUTE RESOLUTION” BELOW FOR MORE DETAILS ON ARBITRATION. Acceptance of Terms. By accepting these Terms or using the Platform, you (a) agree to be bound by these Terms and (b) represent and warrant that you have been duly authorized to bind any person or entity on whose behalf you use the Platform, including as designated in your Account. If you do not agree to be bound by these Terms, do not use the Platform. Description of Marketplace Services. The Marketplace allows individuals or businesses seeking certain specific laundry services (“Customers”) to connect with individuals or businesses willing to perform certain specific laundry services for Customers (“Laundry Professionals”). In these Terms, Laundry Professionals and Customers may be referred to collectively as “Users.” The Marketplace connects Laundry Professionals and Customers for specific services. Laundry Professionals are independent contractors who provide their services to Customers through the Platform. Laundry Professionals do not provide services to CLICK WASHER and are not employees of CLICK WASHER. CLICK WASHER does not perform or provide services in any other capacity. Users acknowledge that CLICK WASHER does not supervise, direct, control, or otherwise examine the work of a laundry professional. CLICK WASHER also does not control the quality, timeliness, legality, or any other aspect of the Platform provided. CLICK WASHER is not responsible for any omissions or poor performance. CLICK WASHER IS NOT RESPONSIBLE for the work or performance of any Laundry Professional.
3-Changes to these Terms or the Platform. With the exception of the dispute resolution and arbitration provisions contained in Section 22, we may update the Terms from time to time at our sole discretion. If we do so, we will notify you by posting the updated Terms on the Site, in the App, and/or by sending other communications. It is important that you review the Terms each time we update them or use the Platform. Your continued use of the Platform after we post the updated Terms means you accept and agree to the changes. If you do not agree to be bound by the changes, you may no longer use the Platform. Because the Platform evolves over time, we may change or discontinue all or part of the Platform at any time and without prior notice, at our sole discretion. The provisions of Section 22 may only be updated by an agreement between CLICK WASHER and the User.
4- Who can use the Platform? You may use the Platform only if you are 18 years of age or older and capable of entering into a binding contract with CLICK WASHER, and are not otherwise prohibited from using the Platform under applicable law. For certain features of the Platform, you will need an Account. CLICK WASHER reserves the right to change its Account registration requirements and procedures from time to time and will have sole discretion to decide whether or not to approve your Account. It is important that you provide us with accurate, complete, and current Account information (including Payment Information) and keep this information up to date. If you fail to do so, we may have to suspend or terminate your account or use of the Platform. To protect your Account, keep your Account and password details confidential and notify us immediately of any unauthorized use. You are responsible for all activities that occur under your Account. We have the right to disable any username, password, or other identifier at any time in our sole discretion for any or no reason, whether selected by you or provided by us. This includes if, in our opinion, you have violated any provision of this Agreement. You agree that all information you provide during registration on the Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, will be governed by our Privacy Policy. You consent to all actions we take with respect to your information in accordance with our Privacy Policy.
C-As part of the Platform, we may contact you by calling the phone number you provided for your account and by sending SMS, MMS, notifications, or other text messages ("Text Messages"). Please note that text messaging rates may apply to sending or receiving text messages. By registering to use the Platform and providing your phone number, you agree to receive calls and text messages from us. You also agree that we may also call or text you to notify you of promotions and offers. Your agreement to receive promotional calls and text messages is not a requirement for using the Platform. You may opt out of receiving text messages at any time. To opt out of receiving text messages, text the word STOP to any text message you receive. You agree that we may send you a final text message confirming your cancellation. To opt out of receiving voice calls, please email us at tech@clickwasher.com. In your email, you must include your full name and the phone number(s) on which you wish to stop receiving calls.
D- At CLICK WASHER's sole discretion, Users may be subject to a screening process before they can register and throughout their use of the Marketplace. This may include, among other things, identity verification and background checks. Users hereby authorize CLICK WASHER to conduct both identity verification and background checks; however, CLICK WASHER is not obligated to conduct identity verification or background checks. As such, CLICK WASHER is not responsible for the accuracy or reliability of identity verification, background check information, or any other such information provided through the Marketplace. State or local ordinances may require that certain specific Laundry Services be performed by licensed professionals. CLICK WASHER does not license service providers, nor does it monitor or examine the listing, scope, or performance of Laundry Services. Laundry Professionals are advised to consult state or local requirements to determine whether certain Laundry Services must be performed by a licensed professional. Laundry Professionals are responsible for obtaining and maintaining the necessary licensing to perform Laundry Services in jurisdictions that require it.
5- CLICK WASHER IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER AT ANY TIME. USERS RELEASE CLICK WASHER FROM ANY LIABILITY RELATED TO SUCH CONDUCT. CLICK WASHER IS ALSO NOT RESPONSIBLE FOR ANY CLAIMS, INJURIES, OR DAMAGES ARISING THROUGH THE USE OF THE MARKETPLACE. Terms Applicable to Customers. If you use the Platform as a Customer, the following terms apply: Through the functionality of our Platform, you may submit requests ("Pickup Request") to the Marketplace for laundry professionals to pick up, wash, dry, fold, and return the laundry you provide to them ("Laundry Services").
B-As part of any Pickup Request, you will be required to submit certain details about the requested Laundry Services to CLICK WASHER (and its applicable Laundry Professionals, as necessary), including, but not limited to, your address or location, requested times and dates, Payment Information (as defined below), and other relevant parameters and details as requested through the Platform (collectively, "Customer Information"). You represent, warrant, and agree that all associated Customer Information you submit to the Marketplace is complete, true, and accurate, and does not omit any facts or information that would be necessary to make the Customer Information not misleading. You agree that (i) such Pickup Request constitutes an irrevocable offer by you to purchase Laundry Services from a Laundry Professional through the Marketplace in accordance with these Terms; (ii) our designated payment processor (i.e., Stripe) will automatically charge you (or you will be required to initiate payment for) a certain amount as a "pre-authorization" through the payment method you selected through the Platform; and (iii) any associated Customer Information submitted by you is complete, true, and accurate.
C-If a Laundry Professional accepted your Pickup Request through the Platform, you will be immediately notified through the Platform that your Pickup Request has been confirmed and, thereafter, you will be obligated to enter into a contract for the provision of such Laundry Services and the corresponding payment, and our designated payment processor (i.e., Stripe) will automatically charge you (or you will be required to initiate payment for) the Laundry Services through the payment method you selected through the Platform. Neither you, nor CLICK WASHER, nor the applicable Laundry Professional will be obligated to commit to any Laundry Service until such Pickup Request is properly approved by such Laundry Professional through the Platform. Once a laundry service provider picks up and weighs your laundry, CLICK WASHER will notify you through the Platform of the total cost of the Laundry Services, along with any additional details, fees, and terms that may apply to your Pickup Request ("Laundry Services Fee"). You may also provide a tip to the laundry service provider, which will be added to your total payment and provided in full to the laundry service provider. CLICK WASHER reserves the right to change the Laundry Services Fee at any time. If a change is made, CLICK WASHER will notify you. Your continued use of the Platform after any change in the fee calculation will imply your acceptance of that change. Learn more about other possible fees here.
D-Once the laundry has been delivered, CLICK WASHER and the Service Provider are not responsible for theft or loss.
E- Once you are bound to a contract with such Laundry Professionals for Laundry Services, you agree to pay the agreed price and all tips and fees set forth on the Platform to CLICK WASHER in accordance with these Terms. If your card is declined, or payment cannot otherwise be processed, we may suspend or cancel your Laundry Services and retain your laundry (either directly or by a Laundry Professional on our behalf) until such payment is made. If you do not pay for the Laundry Services within 24 hours of your credit card being declined and the washing/drying/folding services have already been performed, your laundry cannot be returned and may be donated to charity.
F-You may cancel the Laundry Services in writing or through the Platform at any time before the Professional Laundry Service initiates such Laundry Services; provided that if you cancel after the Professional Laundry Service is in transit to pick up your laundry, CLICK WASHER will charge you the cancellation fee set forth on the Platform. It is the Professional Laundry Service's responsibility to prove that it is in transit at the time the Customer communicates the cancellation. Once the Professional Laundry Service has picked up your laundry and begun washing it, you may not cancel and will be responsible for the full fee set forth and previously agreed to by you on the Platform and in accordance with these Terms.
G-You acknowledge and agree that CLICK WASHER may cancel any Pickup Request that it determines, in its sole discretion, to have violated these Terms or that it otherwise deems objectionable for any reason. You further acknowledge and agree that CLICK WASHER may remove you from the Marketplace Platform or reject any Pickup Request for any reason that violates the Terms or for no reason at all, in CLICK WASHER's sole discretion.
H-All damages and losses are subject to the CLICK WASHER Protection Plan incorporated herein: https://CLICK WASHER.co/garment-protection-plan. Any refund paid to you by CLICK WASHER in connection with our CLICK WASHER Protection Plan will be at CLICK WASHER's sole discretion. All refund requests submitted in connection with damaged or lost garments must be submitted within thirty (30) days of the completion of Laundry Services and must include reasonable documentation of such damaged garments. We reserve the right to review and reject any such claim at our sole discretion.
7-Terms Applicable to Laundry Professionals. If you use the Platform as a Laundry Professional, the following terms will apply: In performing services or fulfilling any obligations under these Terms, you will be and remain at all times an independent contractor in fact and law and not an employee of CLICK WASHER or the Client.
B-You may submit an application through the Platform to create an account that will allow you to provide Laundry Services as a Laundry Professional. If we confirm your application to become a Laundry Professional, you may offer your Laundry Services to Clients by following our then-current listing procedures for Laundry Professionals through the Marketplace Platform. As part of these procedures, we may require you to provide certain information and verification details about your Laundry Services, including, but not limited to, location, address, emergency contact information, number of available laundry machines, and any other information we reasonably request (collectively, "Laundry Professional Information"). You agree to the collection of such information, and you represent, warrant, and agree that: (i) all Laundry Professional Information you submit to the Marketplace Platform is complete, true, and accurate, and does not omit any facts or information that would be required to make the Laundry Professional Information non-misleading; (ii) you have the permission and consent to provide any third-party information (including, but not limited to, emergency contact information); and (iii) you have the necessary equipment available and accessible and are able to perform the Laundry Services.
C-Once you accept a pickup request from a customer through the Marketplace, you are responsible for picking up the customer's laundry and performing the laundry services requested by that customer. You are responsible for tracking the status of the laundry services provided to customers and notifying, through the Marketplace, when the services provided are completed.
D-Once you accept a specific order, you agree to make every effort to perform the laundry services for that order. However, if you need to cancel an approved or accepted order, you must cancel your order through the Platforms. If you fail to notify a Customer of your intention to cancel an accepted order within 4 hours of the pickup deadline, the order will be recorded as an unauthorized cancellation ("UC"). If you have UC rates exceeding 10% of your confirmed orders, you will be in breach of the Terms, and CLICK WASHER may terminate, disable, or otherwise restrict your access to or use of the Platforms. Failure to meet pickup and delivery deadlines for a confirmed order will constitute a breach of contract.
E-You agree to provide Laundry Services to Customers in a timely and high-quality manner, in a safe, secure, and appropriate environment, in compliance with all applicable laws, rules, regulations, and building codes and in accordance with best practices. In addition, you will ensure that all clothing subject to your Laundry Services is not tampered with, damaged, or altered, unless expressly authorized by the applicable Client. You will be solely responsible for any damage or loss that occurs with respect to any clothing you collect, receive, or otherwise provide at any Laundry Service. CLICK WASHER may charge you the costs of repair or replacement of such clothing or garments and deduct the costs of such repair or replacement from any Member Fee otherwise payable to you, or deduct such amounts for repair or replacement directly from your bank account in accordance with the CLICK WASHER Protection Plan. You authorize CLICK WASHER and its payment processor to access and debit your bank account for this purpose.
F- In exchange for allowing the Platform to transact its services through the Marketplace, you agree that CLICK WASHER will retain a fee of twenty-five percent (25%) of the Net Laundry Services Fees charged by the Platform ("Marketplace Fee"). The Net Laundry Service Fees are equal to the total Laundry Service Fees received from the Customer, less applicable fees and processing costs. The Marketplace Fee is subject to change and will be communicated to you in the online guidance and/or on the Platform. In the event of a cancellation of the Laundry Services by a Customer while in transit to pick up the laundry, they must return all such laundry, and you acknowledge that the Laundry Service Fees applicable for that transaction will be limited to the cancellation fee paid by the Customer.
G-As a laundry professional, upon satisfactory completion of the laundry services and once the Customer has paid for such services, your account will be credited with the net laundry service fees, less the marketplace fee retained by CLICK WASHER. In addition to the foregoing, you will be entitled to all tips, raises, or gratuities provided to you by the Customer through the Platform, less any processing fees from our selected third-party payment processor (collectively, the "Laundry Professional Fees"). CLICK WASHER will process all payments due to you through its payment processor. You acknowledge and agree that these amounts will not include interest and will be net of any amounts we are required by law to withhold.
H-CLICK WASHER reserves the right to withhold your funds temporarily or permanently for any reason, including, without limitation, if CLICK WASHER believes you have attempted to defraud or exploit CLICK WASHER or CLICK WASHER's payment systems, or if a Customer files a claim against CLICK WASHER or you that CLICK WASHER believes is your responsibility.
I-As a Laundry Professional, you are an independent contractor. You hereby agree to provide CLICK WASHER with a Form W-9 and consent to CLICK WASHER sending you your Form 1099 and any other tax documents ("Tax Information") by email, and you waive your right to receive such Tax Information by mail or in hard copy.
J-CLICK WASHER reserves the right to change the Marketplace Fee at any time. If a change is made, CLICK WASHER will notify you. Your continued use of the Platform after any change in the fee calculation will constitute your acceptance of such change.
K-We reserve the right to approve or reject any Laundry Professional application registration and to remove any Laundry Professional from the Marketplace for any reason, including, but not limited to, poor customer reviews, performance of the Laundry Service, damage to any clothing or garment, any inaccuracy in the applicable Laundry Professional Information, participating in, promoting, and/or facilitating the removal of customers from the CLICK WASHER app, or any breach by you of these Terms.
L-We (or our designated third-party payment processor) will pay each installment of the Laundry Professional Fees to your designated account within the Platform within the time period you select through the Platform. Depending on your experience, performance, and at CLICK WASHER's sole discretion, such time periods available for your selection may vary. Notwithstanding anything to the contrary, we will not be liable to you for any Laundry Professional Fees that we are unable to collect from any Customer.
M-Order Dispute Resolution: CLICK WASHER attempts to ensure that customers are satisfied with the laundry services provided by Laundry Professionals, but we understand that this will not always be the case. When a customer is dissatisfied with the laundry services provided and such dissatisfaction is reported to CLICK WASHER (e.g., damaged or lost items, weight of laundry), we may, at our discretion, issue a refund or adjust the order fee and any of its components for that order. As a result, this may affect the amount paid to Laundry Professionals. We call these instances "Order Disputes." An Order Dispute includes, but is not limited to, the following: (a) when a Laundry Professional is unable or unwilling to properly perform the agreed-upon laundry services for the order; (b) when a Laundry Professional incorrectly verifies the weight of the laundry on the platforms and, as a result, has received or may receive overpayment for the order; (c) if during the Order, a laundry professional damages or loses garments or fails to comply with safety or health standards or the Customer's requirements that were required given the nature of the particular Order. If a Customer files an Order Dispute, CLICK WASHER will investigate the matter. The investigation may require the laundry professional to return to the Customer's residence to reweigh the laundry. After CLICK WASHER receives an Order Dispute, we will contact the laundry professional and the Customer to provide any information regarding the matter. Based on the investigation and at CLICK WASHER's sole discretion, it may withhold payment from the laundry professional, in whole or in part, provide additional payment to the laundry professional, and require the Customer to pay a full or partial amount to complete the Order.
8-User Agreements and Laundry Services
A- Users acknowledge and agree that a contract is formed when they agree to terms with another user for services. The terms of such contract include these Terms and any contractual terms agreed to by both the Laundry Professional and the Customer on the Marketplace to the extent such terms do not conflict with these Terms. Such terms do not expand CLICK WASHER's obligations or restrict CLICK WASHER's rights under these Terms. Users agree that CLICK WASHER is not a party to any contract or service agreement. The formation of a contract will not, under any circumstances, create an employment, joint venture, partnership, agency, or other type of service relationship between CLICK WASHER and any Laundry Professional. The business relationship between CLICK WASHER and the Laundry Professional under these Terms is a temporary, non-permanent relationship. These Terms are not an employer agreement and do not create an employment relationship between CLICK WASHER and Laundry Professionals.
B. You hereby represent and affirm that you will respect the privacy, property, and data protection rights of Users. You further represent and affirm that you will honor the commitments you make to other Users. This will include paying/receiving payments through the Marketplace, communicating clearly and promptly through the Marketplace and/or responding to invitations promptly, and using only the third-party payment processing system specified by us to make or receive payments for services provided through the Marketplace. You also further represent and affirm that you will act professionally and responsibly in your interactions with other Users.
C. A Customer will pay a Laundry Professional for any services through our designated payment processor (i.e., Stripe) as indicated in the Marketplace at the rates indicated in the Marketplace. All Users agree to these Terms upon appointment, performance, and termination of a contract for Laundry Services. Users further agree to inform CLICK WASHER of any disagreement or the filing of any claim and to informally negotiate any such disagreement through CLICK WASHER representatives for at least thirty (30) days before initiating any other procedure between the parties. All Users agree that any tip or gratuity must be made through the Marketplace and that any cash tip or gratuity constitutes a breach of these Terms.
D. We reserve the right to withdraw or modify the Marketplace and any services provided therein, at our sole discretion and without prior notice. We will not be liable if, for any reason, all or part of the Marketplace is unavailable at any time or for any period. Under no circumstances, under any legal theory, whether based on contract, tort, or any other legal theory, will CLICK WASHER be liable for damages of any kind, including indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, even if foreseeable. From time to time, we may restrict access to certain parts of the Marketplace, or the entire Marketplace, to Users for any or no reason.
E. As set forth in these Terms, CLICK WASHER does not perform laundry services or employ individuals to perform such services. CLICK WASHER is a technology company that constitutes a qualified marketplace under the laws that recognize such platforms for businesses that operate a website or digital application that facilitates the provision of services by qualified marketplace contractors to individuals or entities seeking such services. Each User assumes all responsibility and liability for the proper classification of such Users under applicable legal guidelines.
F. Users have no authority to enter into or otherwise bind CLICK WASHER through any written or oral, express or implied, contracts on behalf of CLICK WASHER. Each Laundry Professional user represents that CLICK WASHER does not supervise, direct, control, or examine, in any way, the work or services performed by Laundry Professionals.
G. CLICK WASHER does not establish the work schedule or location of Laundry Professionals. Laundry Professionals choose to accept, how often they do so, and how they will provide the requested services. CLICK WASHER does not guarantee any minimum order.
H. Laundry Professionals may hire and use employees and independent contractors to provide services related to the completion of orders they have accepted on the Marketplace.
I. Click Washer does not provide any equipment or labor necessary for the services contracted by Laundry Professionals. Laundry Professionals must provide all equipment, labor, and materials that may be necessary to perform any laundry service pursuant to an agreement entered into on the Marketplace.
J. CLICK WASHER does not provide uniforms to Laundry Professionals. CLICK WASHER does not provide expense reimbursements to Laundry Professionals. CLICK WASHER does not provide any type of supervision to Laundry Professionals. Laundry Professionals are solely responsible for the provision of laundry services. CLICK WASHER will not provide Laundry Professionals with any mandatory training regarding the services provided and will have no control over the manner in which the laundry services are provided.
K. Nothing in these Terms is intended to prohibit or discourage (nor should it be construed as prohibiting or discouraging) the Service Provider from engaging in any other business activity, service, or project that is independent and distinct from any business activity that Laundry Professionals may conduct through the Platform. CLICK WASHER expects the Service Provider to provide similar services through other Platforms and for other parties. CLICK WASHER expressly acknowledges that the Service Provider may derive revenue from other sources and expects the Service Provider to do so.
L-The Marketplace is not an employment service, nor is CLICK WASHER the employer of any User. As such, CLICK WASHER is not responsible and will not be liable for any tax payments or withholding owed as a result of the services provided. For all purposes, including, but not limited to, the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act, income tax withholding requirements, and all other federal, state, and local laws, rules, and regulations, Service Providers are and will be treated as independent contractors providing services to CLICK WASHER Users and not as employees or independent contractors of CLICK WASHER. Accordingly, CLICK WASHER will not withhold any employment taxes from any compensation paid to Service Provider under these Terms, and Service Provider shall be solely responsible for reporting and paying all federal, state, and local taxes or contributions imposed or required under unemployment insurance, social security, medical insurance, income tax, or other applicable laws, rules, or regulations regarding Service Provider's performance or provision of services through the Platform and/or under these Terms.
M. Service Provider will not take any position with respect to any tax return or benefit application, or in any proceeding directly or indirectly involving CLICK WASHER, that is inconsistent with Service Provider being an independent contractor (and not an employee) of CLICK WASHER.
N. Service Provider, its affiliates, employees, and subcontractors are not eligible for, nor will they participate in, any pension plan, health or disability plan, medical insurance, general liability insurance, automobile liability insurance, or other insurance or supplemental benefit plan of any kind offered by CLICK WASHER.
O. Service Provider agrees to maintain, at all times during the term of this Agreement, adequate insurance that provides coverage levels that can adequately address any injury that Service Provider may sustain in the course and scope of its fulfillment of a Laundry Order ("Workers' Compensation Insurance" or "OAI"). CLICK WASHER requires Service Provider to maintain: OAI Insurance. CLICK WASHER offers Service Provider the option to: (1) purchase OAI, which meets minimum requirements, through CLICK WASHER or (2) Service Provider provide and show proof of OAI, which meets minimum requirements. If Service Provider wishes to acquire OAI through CLICK WASHER, please contact tech@clickwasher.com. Please contact tech@clickwasher.com to demonstrate that Service Provider already has OAI, which meets the minimum requirements.
Q. In the event that Service Provider's actions or the actions of its affiliates, employees, or subcontractors cause injury to a third party while working in the course and scope of providing Laundry Services or other activities covered by these Terms, Service Provider acknowledges and understands that they will not be covered by any general liability or automobile liability insurance coverage that CLICK WASHER may have, and that CLICK WASHER assumes no obligation to defend and/or indemnify them in such circumstances, and specifically disclaims such obligation.
Q. Laundry professionals must promptly notify CLICK WASHER at tech@clickwasher.com of any accident or emergency that occurs during the provision of laundry services and cooperate and provide all necessary information related thereto, regardless of whether CLICK WASHER has purchased OAI insurance through CLICK WASHER. However, laundry professionals must not provide or otherwise disclose to CLICK WASHER or its affiliates any personal health information (“PHI”) that would violate any applicable law, including HIPAA.
A – Service Provider, its affiliates, employees, and subcontractors are not entitled to unemployment insurance benefits unless Service Provider provides unemployment compensation coverage, and Service Provider is required to pay federal and state income taxes on any monies pursuant to its contractual relationship with CLICK WASHER or Facilita.
S – Service Provider, its affiliates, employees, and subcontractors are not entitled to workers' compensation benefits from CLICK WASHER unless Service Provider provides workers' compensation coverage. In the event that Service Provider, its affiliate, employee, or subcontractor are injured while working in the course and scope of an Order, Service Provider acknowledges and understands that they will not be covered by any workers' compensation insurance coverage that CLICK WASHER may provide to its employees.
T – Laundry professionals agree to indemnify, defend, and hold CLICK WASHER harmless from any costs, expenses, penalties, or damages (including attorneys' fees) arising from their failure to pay such taxes or contributions and/or from CLICK WASHER's failure to withhold or remit any employment taxes or contributions in connection with the compensation paid to laundry professionals. This may include, but is not limited to: unemployment insurance; social security; disability insurance; and any other applicable federal or state withholdings in connection with your use of the Laundry Professionals' services.
I - Unemployment Insurance
II - Social Security
III - Disability Insurance
IV - and any other applicable federal or state withholdings in connection with your use of the Laundry Professionals' services.
9 - Payment Terms. When you make a payment to us, you expressly authorize us (or our third-party payment processor) to charge you for that payment. We (or our payment processor) may request that you provide additional information relevant to your payment, including your credit or debit card number, the expiration date of your credit or debit card, your banking information (e.g., routing number and account information), and your email and mailing addresses for billing and notification purposes (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment methods represented by such Payment Information. When you initiate a payment, you authorize us to provide your Payment Information to third parties so we can complete your payment and charge your payment method for your selected payment type (plus applicable taxes and other fees). You may be required to provide additional information to verify your identity before completing your payment (such information is included within the definition of Payment Information). By initiating a payment, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as published or otherwise communicated to you. All payments are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, must be paid in U.S. dollars.
B-Payment processing services for CLICK WASHER are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service, incorporated herein (collectively, the "Stripe Services Agreement"). By accepting these terms or continuing to operate as a Laundry Professional on CLICK WASHER, you agree to be bound by the Stripe Services Agreement, which may be amended by Stripe from time to time. As a condition of CLICK WASHER enabling payment processing services through Stripe, you agree to provide CLICK WASHER with accurate and complete information about yourself and your business, and you authorize CLICK WASHER to share such information and transaction information related to your use of the payment processing services provided by Stripe. C-CLICK WASHER reserves the right, in its sole discretion (but not under any obligation), for any reason, at the request of the Client or the Laundry Professional, or upon receiving notice of any potential fraud, unauthorized charges, or other misuse of the Marketplace, to suspend any payment, provide credits, or arrange for the payment processor to do so.
D- These Terms prohibit accepting cash or any form of payment outside of the App. Clients must pay for the Platform and tips through the App Marketplace. Laundry Professionals may not request payments or solicit tips or other payments outside of the App Marketplace.
E- Marketplace users contract services directly with other users. CLICK WASHER does not and will not enter into any laundry service contracts. Payment for laundry services through the Marketplace is made by the Client to the Laundry Professional, not CLICK WASHER. CLICK WASHER is not obligated to pay the Laundry Professional in the event of non-payment by the Client for laundry services.
F-CLICK WASHER offers gift cards (“Gift Cards”) for use of the Platform. Gift Cards are available in US dollars only. After making a purchase with the Gift Card, the Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid in cash or another single payment method accepted by CLICK WASHER. Available in denominations from [$1 to $500]. Gift Cards will be sent digitally to the email address used for the purchase at the time of checkout. For balance inquiries, please have your Gift Card available and visit CLICK WASHER.co/gift-cards. All returns for purchases made with a Gift Card will result in a Gift Card credit or the issuance of a new Gift Card in the amount of the return. No taxes are charged on the purchase of a Gift Card. Applicable taxes will be applied upon redemption. No fees apply to Gift Cards. We reserve the right to request additional verification of your identity, a gift card, or the provision of an additional payment instrument before you can apply a gift card to a purchase. Your gift card cannot be used to purchase other gift cards. Gift cards cannot be reloaded, resold, or used for payments outside of the Platform. Your gift card cannot be redeemed for more than face value for eligible CLICK WASHER products or services, nor transferred for value, redeemed for cash, or returned for a cash refund (except as required by law). Your gift cards cannot be used for the purchase of goods or services outside of the United States. To cancel or return a gift card, you must contact the CLICK WASHER customer service team. GIFT CARDS NEVER EXPIRE OR ACCRUE FEES. Promotional offers and discounts cannot be applied to the purchase of gift cards, and gift card purchases cannot be used to meet promotional thresholds. Gift cards must be obtained from Click Washer, and you are responsible for protecting your gift card against unauthorized use. We will not be liable if the gift card code is lost, stolen, or destroyed, or if your gift card is used without your permission. By using a gift card, you agree to comply with these terms and conditions and not to use a gift card in any way that is deceptive, unfair, or otherwise harmful to Click Washer, the Platform, or other Users. We reserve the right, without prior notice, to revoke gift cards without a refund, suspend or terminate your ability to use our services, cancel or limit orders, and bill alternative payment methods if we suspect that a gift card is being obtained, used, or applied to an order fraudulently, illegally, or otherwise in violation of these terms and conditions. Gift cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including, but not limited to, through websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts). The use of CLICK WASHER's name, logo, trade dress (including any image/likeness on the cards), or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of gift cards is strictly prohibited. Furthermore, the use of gift cards in any manner that states or implies that any person, website, company, product, or service is endorsed or sponsored by, or otherwise affiliated with, CLICK WASHER or any of its subsidiaries or affiliates is prohibited. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, IN THE EVENT A GIFT CARD FAILS TO FUNCTION, YOUR SOLE REMEDY AND OUR SOLE LIABILITY WILL BE THE REPLACEMENT OF THAT GIFT CARD. G-In connection with the Platform, we may make available to you a rewards program (the "Rewards Program"), which may include referral upgrades, a personalized loyalty rewards experience, and targeted offers, discounts, and promotions (collectively, the "Rewards") related to the purchase of Products. You agree to the Rewards Program terms located here.
H-Click Washer Corp. may occasionally offer certain promotional opportunities, sweepstakes, or contests to Users. All such promotions will be executed at Click Washer Corp.'s sole discretion. Click Washer Corp. may activate, modify, or terminate them at any time without prior notice. The liability of any of Click Washer Corp.'s partners under such promotional opportunities, sweepstakes, and contests will be limited in accordance with these Terms.
1. Credits for new customers may only be redeemed once per person per household. Creating multiple accounts by the same person or household will result in the deletion of credits, the deactivation of Click Washer Corp. accounts, and possibly the charging of service fees.
10. Feedback. We welcome your comments, ideas, proposals, and suggestions for improving the Platform, the Marketplace, other Click Washer Corp. technologies, or any of its products or services ("Feedback"). If you choose to submit your Comments, you agree that we may use them without restriction or compensation, and you warrant that you have the right to provide such Comments to us without infringing or violating the rights of any third party.
11-Content Rights. The Platform may allow you to store, transmit, publish, or share content such as text (in posts or communications with others), files, documents, graphics, images, audio, video, and other materials (including, without limitation, laundry photos, Professional Laundry Information, or Customer Information). Anything you post or make available through the Platform (except Comments) is referred to as "User Content." Click Washer Corp. does not claim any ownership rights in User Content, and nothing in these Terms will be construed to restrict any rights you may have in your User Content outside of the Platform.
B-By making any User Content available through the Platform, you grant Click Washer Corp. a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense through one or more tiers, to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform your User Content in connection with the operation and provision of the Platform.
C-You are solely responsible for all of your User Content. You represent and warrant that you have (and will have) all necessary rights to grant us the license rights to your User Content under these Terms. You represent and warrant that neither your User Content, nor its use and provision to make it available through the Platform, nor any use of your User Content by Click Washer Corp. on or through the Platform will infringe, misappropriate, or violate any third party's intellectual property, publicity, or privacy rights, or result in the violation of any applicable law or regulation.
D- You may remove certain User Content from the Platform by specifically deleting it from the Platform. You should be aware that, in certain cases, some of your User Content may not be completely removed and that copies of it may still exist on the Platform. To the maximum extent permitted by law, we are not responsible for the removal (or failure to remove) of your User Content.
E- We may make available through the Platform content, technology, trademarks, or other materials subject to intellectual property rights. We reserve all rights to such content, technology, trademarks, and materials.
12- Rights and Conditions for the Apps. If you comply with these Terms, Click Washer Corp. grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to download and install the App on your computers, mobile phones, tablets, wearables, or other devices, and to use it solely for your personal, non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify, or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, loan, or rent the App to any third party; (iii) reverse engineer, decompile, or disassemble the App (unless permitted by applicable law notwithstanding this limitation); or (iv) make the App's functionality available to multiple users through any means.
B-This Section 12 applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to provide maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claims that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that your possession and use of the App infringes that third party's intellectual property rights. Apple and its affiliates are third-party beneficiaries of these Terms, and, in its sole discretion, upon your acceptance of the 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 hereof. 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) is not listed on any U.S. government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Application.
12. CONTACT INFORMATION
Click Washer Corp.
📧 legal@clickwasher.com
