TERMS AND CONDITIONS
2to3Clicks Private Limited a private limited company with its registered office at Old no. 713, New No.244, Carex Centre, Rear Block, 5th Floor, Anna Salai, Chennai- 600006 ("Company", "Wish2Wash" "We", "Us", "Our" and terms of similar meaning) provides access to www.wish2wash.com and all related sub domains and/or Mobile Applications ("Platform") to the user, viewer, end customer ("End Customer(s)") who register on any Platform to connect with laundry and dry-cleaning service providers registered with any Platform ("LDC(s)") (such End Customer and/or LDC shall hereinafter be referred to as "You", "Your" as applicable) subject to these terms and conditions of use as set out herein and as may be amended from time to time in the manner as set forth herein below("Terms"). Please read these Terms carefully before using any Platform.
The Platform is a web/mobile based platform which facilitates End Customers to connect with LDC(s) in the geographical vicinity of End Customer to provide laundry and dry-cleaning services on such terms and conditions as may be agreed to between the End Customer and the LDC. We are in the business of providing the following services through any Platform:
- Registration of an End Customer on any Platform in order to obtain access to LDC(s) ("End Customer Account");
- Registration of LDC(s) on any Platform to enable visibility of their services to End-Customer(s) ("LDC Dashboard");
- Providing discount coupons or promotional offers to End Customer(s) as We shall deem fit at Our sole discretion subject to the terms of such discount coupons or promotional offers.
(collectively referred to as "Services")
These Terms constitute a binding, legal agreement between You and the Company. In order to use any Platform and avail of the Service, You must agree to these Terms.
By accessing or using any Platform or by merely browsing any Platform or by using or receiving any Services supplied to You by Wish2Wash, You hereby expressly acknowledge and agree to be bound by these Terms, policies and guidelines incorporated by reference in these Terms and any future amendments and additions to these Terms as published from time to time on any Platform. If You do not agree with these Terms in their entirety, You are not entitled to use any Platform or avail the Services provided by Us.
By using any Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, "You" and "Your" as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of any Platform or Services after any such changes shall constitute Your consent to such changes.
- Wish2Wash does not provide laundry and dry-cleaning services. Any Platform or Services contain links to or otherwise makes available third party products and services, including websites. Only third party laundry and dry-cleaning service providers ("LDC Service Providers") registered on any Platform can offer laundry and dry-cleaning services ("LDC Services") which may be scheduled through use of any Platform. We merely offer information pertaining to such LDC Service Providers based on Your location and preference and do not intend to provide LDC Services or act in any way as an LDC Service Provider.
- We do not in any manner endorse or guarantee the quality of LDC Services provided by any LDC registered on our Platform.
- We do not guarantee the suitability, safety or ability of LDCs. It is solely the End Customer’s responsibility to determine if the LDC will meet the End Customer’s needs and expectations and the End Customer shall be solely responsible for assessing any such parameter including verifying the credentials of any LDC and/or LDC’s representatives providing LDC Services to the End Customer.
- It shall be the responsibility of the End Customer to ensure that any person representing himself/herself to be a representative of the LDC is indeed a representative of such LDC.
- The End Customer(s) is solely responsible for and assumes all risk arising from his/her/its use of any such third party LDC Services. The End Customer(s) is responsible for understanding and complying with any agreement he/she/it may enter into with a LDC with respect to LDC Services accessed through or availed in connection with any Platform.
- The LDC is responsible for understanding and complying with any agreement entered into with an End Customer with respect to LDC Services accessed through or provided in connection with any Platform.
- WE ARE NOT RESPONSIBLE FOR OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF YOUR DEALINGS WITH SUCH LDC INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY ON ACCOUNT OF LOSS OR DAMAGE WITH RESPECT TO LDC SERVICES.
- Your recourse in the event of any such claim with respect to any LDC with respect to LDC Services, including any third party content, is solely against the relevant LDC. In no event will any agreement between You and any LDC be binding on us or impose upon us any additional obligations, or any obligations inconsistent with these Terms.
- Wish2Wash shall not be held liable for any opinions, customer reviews or comments posted by any End Customer on any Platform in respect of LDC Services provided by the LDC through any Platform.
If You register for an End-User Account or a LDC Dashboard on any Platform, You agree to:
- provide accurate, current and complete information as may be prompted by any registration forms on any Platform ("Registration Data");
- maintain the security of Your password;
- maintain and promptly update the Registration Data, and any other information You provide to Wish2Wash and to keep it accurate, current and complete
- accept all risks of unauthorized access to the Registration Data and any other information You provide to us. You are responsible for all activity on Your End-User Account or the LDC Dashboard as the case maybe, and for any charges therein.
- not authorize others to use Your End-User Account or the LDC Dashboard as the case maybe.
- You may not assign or otherwise transfer Your End-User Account or the LDC Dashboard as the case maybe to any other person or entity.
- Each LDC registered with any Platform and the Company shall enter into a separate and individual agreement in writing either in a physical form or an electronic form ("Agreement"). These Terms are deemed to be incorporated in each such Agreement with the LDC(s).
- Any fee that the Company may charge the LDC for any Service as more specifically provided in the Agreement is due immediately and is non-refundable under any circumstance whatsoever. This no refund policy shall apply at all times regardless of the LDC’s decision to cease to avail of the Services whether for cause or not.
- The LDC(s) represents and warrants that (i) any credit information it supplies is true, accurate and complete in all respects and (ii) such LDC shall be responsible to be in compliance of applicable law including but not limited to payment of applicable taxes.
ACCESS AND USE
Your access and use of any Platform and Services is subject to the following representations and warranties:
- You may only access any Platform or Services using authorized and lawful means.
- Wish2Wash shall not be liable for any failure or default to provide access to any Platform or Services on account of any failure or delay by You to register with any Platform for such access.
- Any configuration or set up of the Devices for access to any Platform and the Services shall be Your sole responsibility. "Device" means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones.
- The Company reserves the right to prevent access should You be using any Platform, Service or Application with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or any Platform;
- You will not use any Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties similar use; (iii) violate or tamper with the security any Platform;
- You will not use any Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will ensure that any Platform are not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, any Platform or any other software, hardware, services or data;
- You will not attempt to gain unauthorised access to any accounts, computer systems or networks connected to any Platform, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use any Platform to develop, or to assist anyone in developing a competitive product or service or for other competitive purposes;
- You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Platform or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Wish2Wash’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, Wish2Wash may apply Upgrades (hereinafter defined) to any Platform, and that such Upgrades may result in changes the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use any Platform, or portions thereof. "Upgrades" means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in any Platform or enhancing the functionality of Platform.
INTELLECTUAL PROPERTY RIGHTS
- You hereby acknowledge that any and all intellectual property rights (including but not limited to all trademark, copyright, patent, service marks, etc.) and other proprietary rights in and in relation to any Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to an LDC, End Customer, other third party) shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
- By accepting these Terms and using any Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Your violation or breach of these Terms or any applicable law or regulation; (ii) Your violation of any rights of any third party, including LDC connected through any Platform; (iii) Your use or misuse of any Platform or Service; or (iv)any and all third-party claims based upon the content of any communications transmitted by You.
DISCLAIMER OF WARRANTIES
- Wish2Wash hereby explicitly and specifically disclaims any and all representations, warranties or guarantees, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
- The Platform is provided to You strictly on an "as is" basis. Notwithstanding anything contained in these Terms, Wish2Wash does not warrant that any Platform: (i) will perform error-free or uninterrupted, or that Wish2Wash will correct all or any errors or defects (ii) will operate in combination with Your Devices, or with any other hardware, software, systems or data not provided by Wish2Wash, (iii) will meet Your requirements, specifications or expectations.
- You further acknowledge that Wish2Wash does not control the transfer of data over communications facilities, including the internet, and that any Platform may be subject to limitations, delays, and other problems inherent in the use of such communications facilities; We are not responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Platform that arise from Your content or third party content.
- Wish2Wash does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content including but not limited to any information pertaining to LDC.
- YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE AND/OR AVAILING OR PROVIDING ANY SERVICES REMAINS SOLELY WITH YOU.
LIMITATION OF LIABILITY
- Notwithstanding anything contained elsewhere in these Terms, in no event shall Wish2Wash be liable to You or anyone claiming under You for the cost or loss including but not limited to any special, exemplary, consequential, incidental, punitive or indirect damages on any theory of liability, whether in contract, tort (including without limitation negligence), strict liability or otherwise. The limitations set forth in this section shall apply even if You are advised of the possibility of such damage.
- In no event or circumstance will the Company be under any liability to make good any loss whether by way of any monetary payment or otherwise.
- Wish2Wash may connect the End Customer to LDC for the purposes of providing LDC Services. We will not assess the suitability, legality or ability of any LDC and End Customer expressly waive and release Wish2Wash from any and all any liability, claims or damages arising from or in any way related to the LDC.
- Wish2Wash will not be a party to disputes, negotiations of disputes including but not limited to payments between the End Customer and any LDC.
- Responsibility for the decisions the End Customer makes regarding availing the LDC Services through a LDC connected through any Platform, (with all its implications) rests solely with the End Customer.
- The quality of the LDC Services scheduled through the use of any Platform is entirely the responsibility of the LDC who ultimately provides such LDC Services to the End Customer and that the End Customer’s use of any Platform shall be at his/her/its own risk and costs.
- Wish2Wash or anyone else involved in administering, distributing or providing any Platform further explicitly disclaims any and all liability for any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing any Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
- To the extent that anything in or associated with any Platform is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of any Platform.
- No joint venture, partnership, employment, or agency relationship exists between any LDC and the Company as a result of these Terms or use of any Platform. The LDC shall not be permitted to enter into any contract (whether oral or in writing) which may impose any direct or indirect obligation or liability on the Company in respect of any third party including the End-Customer.
- If any provision of these Terms 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.
- These Terms shall be governed and construed under the laws of India and the courts of Chennai shall have exclusive jurisdiction.