PLEASE READ CAREFULLY BEFORE DOWNLOADING OR USING THE APP
This end-user licence agreement (“EULA”) is a legal agreement between you (“End-user” or “you”) and The Dry Cleaner App Ltd 2016 (Licensor, us or we) for “The Dry Cleaner App” mobile application software (the “App”).
We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose website you have downloaded the App (the “Appstore” and the “Appstore Rules”). We do not sell the App to you; we remain the owners of the App at all times.
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES:
You should print a copy of this EULA for future reference. This EULA can be accessed at http://www.thedrycleanerapp.com/cookie-policy
1. Information about us
1.1 We are The Dry Cleaner App Limited, a company registered in England and Wales. Our company registration number is 08188892 and our registered office is at The Greenhouse 111 Broadway, Media City UK, Salford, M50 2EQ.
1.2 You can contact us by telephoning our customer service team at 01616679194 or by writing to us at firstname.lastname@example.org
1.3 If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order (as defined below).
1.4 When we use the words “writing” or “written” in these terms, this includes emails.
2.1 The terms of this EULA apply to the App or any of the services accessible through the App (the “Services”), including any updates or supplements to the App or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Services, the terms of an open-source licence may override some of the terms of this EULA.
2.2 We may change this EULA at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
2.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
2.4 If the Device onto which you intend to download the App is not owned by you, you will be assumed to have obtained permission from the owner of that Device to download a copy of the App onto that Device. You and they may be charged by your and their service providers for Internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Services on or in relation to any Device, whether or not it is owned by you.
2.6 By using the App or any of the Services, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals for Services that are Internet-based or wireless to improve our products and to provide any Services to you.
2.7 Certain Services will make use of location data sent from the Device. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device.
2.8 The App or any Services may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
2.9 In this EULA, any words following the terms “including”, “include”, “in particular” or “for example” or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
3. The Services
3.1 You may only download and use the App if you are at least 18 years’ old.
3.2 When using the App and the Services, you will be able to search for dry cleaners (each a “Cleaner”) that are local to your current location and see the price for various services that each Cleaner offers (the “Cleaning Services”). You will then be able to select specific Cleaning Services from a Cleaner and arrange for that Cleaner to pick up garments and other relevant materials (“Garments”) from you.
3.3 Once you have selected the Cleaning Services you wish to order from the menu of your chosen Cleaner on the App and provided the other information required by the App, you will be given the opportunity to submit your order for those Cleaning Services (your “Order”) by touching the “proceed”, “place an order” or similar button. You should check all the information that you enter and correct any errors before submitting your Order. When you submit your Order, we pass that Order directly to the relevant Cleaner. Details of whether your Order has been accepted by the relevant Cleaner and any information relating to the collection and delivery of Garments will be provided to you by email by us or the relevant Cleaner.
3.4 Each Order that you submit will be subject to the terms and conditions of the relevant Cleaner, which will be available to you through the App and sent to you once you have submitted your Order.
3.5 You have 14 days after the day you receive an email to confirm the Cleaner accepts your order to cancel your Order. However, once the Cleaner has completed the Cleaning Services you cannot change your mind, even if the cancellation period is still running. If you cancel after the Cleaner has started the Cleaning Services (even by the Cleaner simply coming to you to pick up your Garments), you must pay the Cleaner for the Cleaning Services provided up until the time you tell the Cleaner that you have changed your mind. If you do want to cancel your Order, you can use the Cancellation Form.
3.6 For the avoidance of doubt, whilst we field any complaints you may have in respect of a Cleaner and/or the Cleaning Services you receive from them, the relevant Cleaner shall be responsible ultimately for dealing with all complaints made by you, and all refunds granted to you; any such correspondence should be directed to the relevant Cleaner.
3.7 You authorise us to act as your limited representative solely to conclude a contract on your behalf between you and the relevant Cleaner. We help to facilitate transactions that are carried out using the Services, but we are not a Cleaner and we do not provide Cleaning Services. We provide a venue for Cleaners and consumers to negotiate and complete transactions in accordance with the provisions of this EULA and any agreement between us and Cleaners.
3.8 We are not an agent of the Cleaner and, subject to clause 9.5 below, we shall not have any liability for the Cleaning Services they provide (or fail to provide). All contracts are formed solely between you and the relevant Cleaner, and the enforcement of any such contract is the responsibility of you and the relevant Cleaner (being the parties to that transaction), and, subject to clause 9.5 below, we shall not have any liability for the failure of either you or the relevant Cleaner to fulfil such obligations. However, to the extent that we collect any payment from you on behalf of any Cleaner, we shall be a fee-collecting agent; as a fee-collecting agent, we shall be responsible for collecting payment for Cleaning Services from you and passing that payment on to the relevant Cleaner. We may act as a liaison in respect of disputes between you and the relevant Cleaner using our complaints procedure, but we are not obliged to mediate between you and any Cleaner or to enforce or execute any fulfilment of any contract.
3.9 You use the Services and the Cleaning Services at your own risk.
3.10 Before you submit your Order, you will be prompted to insert your payment details if you are paying through the App. You may also pay the Cleaner on collection/delivery of the Garments. We use PayPal to process all payments through the App. Once you have submitted your Order and your payment (if applicable) has been authorised, we will not be able to help you to change or cancel your Order. If you wish to change or cancel your Order, you may contact the Cleaner using the contact details contained in the confirmation email you receive once you have submitted your Order.
3.11 Where any payment you make is not authorised, your Order will not be processed or communicated to the relevant Cleaner. We will inform you if this happens.
3.12 On receipt of your Order, we will begin processing it by sending it to the relevant Cleaner and we will inform you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the App and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Cleaner. We encourage all our Cleaners to accept all Orders and to communicate any rejection promptly, and we will inform you (generally by email) as soon as reasonably practicable if a Cleaner rejects your Order. However, Cleaners have the discretion to reject Orders at any time because they are too busy or for any other reason.
3.13 Estimated times for collection and delivery of Garments are provided by the Cleaners and are only estimates. Neither we nor the Cleaners guarantee that Garments will be collected or delivered within the estimated times.
4. Price and payment
4.1 Prices for Cleaners and Cleaning Services will be as quoted in the App. These prices include VAT but may exclude delivery costs (if you opt for collection from you instead of drop-off) and any online payment administration charge imposed by the Cleaner (if you pay for your Order on the App). These will be added to the total amount due where applicable.
4.2 The App contains a large number of menus for Cleaning Services and it is possible that some of the menus may include incorrect prices. Cleaners will normally check prices before accepting your Order so that, where the correct price at your Order date is less than our stated price on the App at your Order date, you will be charged the lower amount. If the correct price at your Order date is higher than the price stated on the App, we will contact you for your instructions before the Cleaner accepts your Order.
4.3 If you pay using PayPal, you may be required to show the card used for payment to the Cleaner at the time of delivery as proof of identification and so that they can check that the card conforms to the receipt data for the Order. Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in a delay in deducting payments from your bank account or being charged to your credit or debit card.
4.4 If you have a credit or discount voucher to use with the App, you will be able to use the voucher only when you pay with PayPal. Due to the way banks operate, it may be that the full value of your Order (without the credit or discount being applied) may be set-aside, and unavailable, within your account until such time as your bank transfers the money for the Order to us; at that point, we will apply the credit or discount, and the credited or discount money will be transferred back into your bank account and will be available to you. You acknowledge that the transfer of this money back into your bank account is the responsibility of your bank or card issuer and neither we (subject to clause 9.5 below) nor the relevant Cleaner will be responsible or liable to you in relation to any delay by your bank or card issuer to release the money back to you.
4.5 Due to the way banks work, once you have submitted an Order that you are paying for by PayPal and your payment has been authorised, your bank or card issuer will set-aside the value of your Order in your account, and that amount will be unavailable to you. If the relevant Cleaner then rejects your Order or your Order is cancelled for some other reason, your bank or card issuer will not transfer the money for the Order to us, and will instead release the money back to you. This may take a few days, depending on your bank or card issuer. You acknowledge and agree that neither we (subject to clause 9.5 below) nor the relevant Cleaner will be responsible or liable to you in relation to this delay by your bank or card issuer to release the money back to you.
5.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Device, subject to these terms, the Privacy and Cookies Policy and the Appstore Rules, incorporated into this EULA by reference. We reserve all other rights.
5.2 You may download a copy of the App onto one mobile device and to view, use and display the App on the Device for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (“Technology”);
together, the “Licence Restrictions”.
(a) not use the App or any Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Services, including the submission of any material (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Services;
(d) not use the App or any Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.
together “Acceptable Use Restrictions”.
8.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
8.2 You acknowledge that you have no right to have access to the App in source-code form.
9.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
9.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and, subject to condition 9.5 below, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.3 We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in clause 9.4 below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.
9.4 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to [£50]. This does not apply to the types of loss set out in clause 9.5 below.
9.5 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by English law.
10.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and
(b) if you breach any of the Licence Restrictions or the Acceptable Use Restrictions.
10.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA, including, but not limited to, your use of any Services;
(c) you must immediately delete or remove the App from the Device, and immediately destroy all copies of the App (if any) then in your possession, custody or control and certify to us that you have done so;
(d) we may remotely access the Device and remove the App from it and cease providing you with access to the Services; and
(e) for the avoidance of doubt, for any Order in respect of which you have already received an Order acceptance from the relevant Cleaner, you have a contract with that Cleaner (and not us) in respect of that Order which will be unaffected by termination of this EULA only.
11.1 If you wish to contact us in writing, or if any provision in this EULA requires you to give us notice in writing, you can send this to us by e-mail or by prepaid post to The Dry Cleaner App at The Green House, Media City UK, Manchester, M50 2EQ and email@example.com. We will confirm receipt of this by contacting you in writing, normally by e-mail.
11.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your request for the App.
12.1 We may transfer this EULA to someone else: We may transfer our rights and obligations under this EULA to another organisation.
12.2 You need our consent to transfer your rights under this EULA to someone else: You may only transfer your rights or your obligations under this EULA to another person if we agree to this in writing.
12.3 Nobody else has any rights under this EULA: This EULA is between you and us. No other person shall have any rights to enforce any of its terms.
12.4 If a court finds part of this EULA illegal, the rest will continue in force: Each of the conditions of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.
12.5 Even if we delay in enforcing this EULA, we can still enforce it later: If we do not insist immediately that you do anything you are required to do under this EULA, or if we delay in taking steps against you in respect of your breaking this EULA, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6 Which laws apply to this EULA and where you may bring legal proceedings: This EULA (including, but not limited to, all non-contractual disputes and claims arising out of or in connection with it) shall be governed by and construed in accordance with English law. Any dispute or claim arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the English courts, except where, by law, such dispute or claim must be brought in the jurisdiction in which you are domiciled, or where the relevant law contains mandatory provisions that override such exclusive jurisdiction.