January 20, 2018
These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.onthemovelaundry.co.za (the “Website”), the Service and the Application (as defined below), as well as to all information, recommendations and/or services provided to you on or through the Website, the Service and the Application.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ONTHEMOVE LAUNDRY PTY LTD APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ONTHEMOVE LAUNDRY PTY LTD APPLICATIONS OR ANY SERVICES PROVIDED BY US.
OntheMove Laundry Pty Ltd
Your contracting partner is OntheMove Laundry Pty Ltd, a private company established in the Republic of South Africa (“OntheMove Laundry”).
What services does OntheMove Laundry provide?
OntheMove Laundry provides pick-up and delivery services for dry cleaning and laundry. OntheMove Laundry has it’s own laundry plant however we also interact with Dry Cleaners and Laundromats (“Cleaners”) to clean clothes that you give OntheMove Laundry for cleaning. Pick-up and delivery may be requested through our Website or the use of an application supplied by OntheMove Laundry and downloaded and installed by you on your single mobile device (smart phone) (the “Application”). All services provided by OntheMove Laundry to you by means of your use of the Website or Application are hereafter referred to as the “Service”.
How is a contract concluded between OntheMove Laundry and you?
By using the Website, Application or the Service, you enter into a contract with OntheMove Laundry (the “Contract”). In order to be able to use the Website, Application or Service, you first need to sign up with OntheMove Laundry. When signing up, you are obligated to provide OntheMove Laundry with your personal information, mobile telephone number, address for pick-up and delivery. Upon successful completion of your order/signing up with OntheMove Laundry, OntheMove Laundry will provide you with a personal account, which may be accessible for you with a password of your choice.
You have to be 18 years of age or older to use the Service, Website, or Application. If you reside in a jurisdiction that restricts the use of the Service, Website, or Application because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service and the Application. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into, and bind the entity to, these User Terms and register for the Service and the Application.
By creating an Account or Scheduling an Order, you agree that the OntheMove Laundry may send you informational text (SMS) messages as part of the normal business operation of your use of the our services. You may opt-out of receiving text (SMS) messages from OntheMove Laundry 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.
Minimum Price Order
The minimum order price is ZAR250.00 and may change from time to time.
Same Day Service Fee
The same day service fee is ZAR450.00 and may change from time to time.
Your use of the Website, Application, or the Service
You warrant that the information you provide to OntheMove Laundry is accurate and complete. OntheMove Laundry is entitled at all times to verify the information that you have provided and to refuse the Service or use of the Application without providing reasons.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. OntheMove Laundry is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. OntheMove Laundry reserves the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorized device.
By using the Website, Application or the Service, you further agree that:
- You will only use the Service, Website, or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorize others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
- You will not use the Service, Website, or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service , Website, or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network; You will not try to harm the Service , Website, or Application in any way whatsoever;
- You will not copy, or distribute the Website, Application, or other OntheMove Laundry Content without written permission from OntheMove Laundry;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service, Website, and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You are aware that when requesting cleaning services or receiving notifications by SMS (if available in your jurisdiction), standard messaging charges will apply;
- You will not use the Service, Website, or Application with an incompatible or unauthorized device;
- You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Application, Website, or Service.
- OntheMove Laundry reserves the right to immediately terminate the Service and the use of the Website or Application should you not comply with any of the above rules.
The use of the Website and Application is free of charge. OntheMove Laundry reserves the right to introduce a fee for the use of the Application. If OntheMove Laundry decides to introduce such a fee, OntheMove Laundry shall inform you accordingly and allow you to either continue or terminate the Contract.
OntheMove Laundry shall charge you for the services you request, which may include dry cleaning, laundered shirts, wash & fold, or related services (“Cleaning”). You agree that you will pay for all Cleaning you purchase through OntheMove Laundry, and that OntheMove Laundry may charge your credit card account as provided by you when registering for the Service for the Cleaning (including any taxes, late fees, or additional fees as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing OntheMove Laundry with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable.
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold OntheMove Laundry, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents 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: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Application or Service.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. OntheMove Laundry will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
OntheMove Laundry shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any wilful misconduct or from gross negligence on the part of OntheMove Laundry.
OntheMove Laundry shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
Damaged or Lost Items
It is our priority to supply the best care to your garment and we appreciate your trust.
While it is never our intention for an item to go missing, occasionally it can happen. If this is the case, please let us know immediately by calling our customer experience team at +27(0)10 005 5490 or by emailing them at email@example.com. Notifying the delivery driver or notifying OntheMove Laundry via SMS/WhatsApp is insufficient. In order to receive reimbursement, any missing item must be reported to our customer experience team within seven (7) days of the delivery of the order, in order to ensure the maximum likelihood that it will be located. All claims are reviewed on a case-by-case basis. Items are considered lost ten (10) business days after the initial claim has been made. All decisions on lost items are in OntheMove Laundry’s sole discretion and are final.
For Wash and Fold/Hang Dry, Dry Cleaning and laundered shirts, any reimbursement for an item or order deemed lost by OntheMove Laundry shall be limited to and shall not exceed seven (10) times the charge for cleaning the lost item (not inclusive of tax and other fees) regardless of brand, price or condition of the garment, or ZAR3000, whichever is lower. To the fullest extent permitted by law, OntheMove Laundry’s aggregate liability in connection with a lost item shall not exceed the foregoing amount. OntheMove Laundry’s offer for reimbursement is valid for ten (10) business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case by case basis. All decisions on lost items are in OntheMove Laundry’s sole discretion and are final.
OntheMove Laundry does not take responsibility for any loose items lost when submitted in a Cleanly bag, such as watches, jewelry, cufflinks, money, wallets, etc. and shall have no liability for such items. OntheMove Laundry additionally is not liable for damage caused by you not selecting the correct service when placing an order (e.g. selecting wash and fold instead of dry cleaning, forgetting to add hang dry service). OntheMove Laundry is also not liable for damage caused by, but not limited to loose items like pens and lipstick.
Any damaged items must be reported by calling us at +27(0)10 005 5490 or by emailing us at firstname.lastname@example.org within seven (7) days of delivery of the order. Notifying the delivery driver or notifying OntheMove Laundry via SMS/WhatsApp is insufficient. All damaged items must inspected by OntheMove Laundry through digital photos of each damaged item, within seven (7) days of delivery of the order. All decisions on damaged items are in OntheMove Laundry’s sole discretion and are final.
Although we do our best to prevent any damages to your garment, unfortunately every garment, regardless of brand or quality, will wear out over time, and there is nothing OntheMove Laundry can do to predict when this will happen, or prevent it. For damage related to normal wear and tear, OntheMove Laundry does not provide reimbursement or compensation. Per industry standards, the following are considered to be normal wear and tear:
- Shrinkage from repeated laundering
- Curtain shrinkage
- Color fading
- Small holes or tears
- Discoloration caused by hygiene or beauty products (deodorant, perfume, cologne)
- Button damage
- Thinning of fabric
OntheMove Laundry 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 collection.
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 7am 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 ZAR150).
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 OntheMove Laundry. You have an option to ask us to leave your laundry with the doormen or other location, but OntheMove Laundry will not be responsible for any lost cause as a result.
License Grant, Restrictions and Copyright Policy
For the purpose of this User Term, the following definitions apply:
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“OntheMove Laundry Content” means Content owned or used by OntheMove Laundry, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application.
“Collective Content” means, collectively, OntheMove Laundry Content and User Content.
Subject to your compliance with these User Terms, OntheMove Laundry grants you a limited, non-exclusive, non-transferable license:
(i) to view, download and print any OntheMove Laundry Content solely for your personal and non-commercial purposes; and
(ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these User Terms. You may not reuse any Collective Content without first obtaining the written consent of OntheMove Laundry. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OntheMove Laundry or its licensors, except for the licenses and rights expressly granted in these User Terms.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. Accordingly, OntheMove Laundry shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).
You acknowledge that OntheMove Laundry only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. OntheMove Laundry shall not be continuously monitoring User Content published by you or moderating between Users, nor shall OntheMove Laundry be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of OntheMove Laundry.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.
You agree to indemnify and keep OntheMove Laundry, its affiliates and licensors indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by OntheMove Laundry or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application.
OntheMove Laundry reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which OntheMove Laundry believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to OntheMove Laundry.
You agree to promptly notify OntheMove Laundry in writing of any User Content which breaches these User Terms. You agree to provide to OntheMove Laundry sufficient information to enable OntheMove Laundry to investigate whether such User Content breaches these User Terms. OntheMove Laundry agrees to make good faith efforts to investigate such complaint and shall take such action as OntheMove Laundry in its sole discretion decides. However, OntheMove Laundry does not warrant or represent that it will block or remove (in whole or in part) such user Content.
Subject to your compliance with these User Terms, OntheMove Laundry grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
OntheMove Laundry will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. OntheMove Laundry may involve and cooperate with law enforcement authorities in prosecuting users who violate these User Terms. You acknowledge that OntheMove Laundry has no obligation to monitor your access to or use of the Website, Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Website, the Application and Service, to ensure your compliance with these User Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. OntheMove Laundry reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OntheMove Laundry, at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Website, the Service or Application.
Intellectual Property Ownership
OntheMove Laundry alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website, Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website, Application or the Service.
These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website, the Application or the Service, or any intellectual property rights owned by OntheMove Laundry. OntheMove Laundry’s name, logo, and the product names associated with the Application and Service are trademarks of OntheMove Laundry, its affiliated companies or third parties, and no right or license is granted to use them.
Third Party Interactions
During the use of the Website, the Application and the Service, links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from, participate in promotions of third parties. These links take you off the Website, the Application and the Service and are beyond OntheMove Laundry’s control.
Term and termination of the contract
The Contract between OntheMove Laundry and you is concluded for an indefinite period.
You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by contact OntheMove Laundry’s customer support at email@example.com.
OntheMove Laundry is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of OntheMove Laundry, misuse the Application or the Service. In addition, OntheMove Laundry may terminate the Contract if, in its sole judgment, you reside in a location that it deems unsafe to send employees. OntheMove Laundry is not obliged to give notice of the termination of the Contract in advance. After termination OntheMove Laundry will give notice thereof in accordance with these User Terms.
Invalidity of one or more provisions
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Modification of the Service and User Terms
OntheMove Laundry reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service or Application (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service, Application or via email. OntheMove Laundry may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
OntheMove Laundry may give notice by means of a general notice on the Service or Application, or by electronic mail to your email address on record in OntheMove Laundry’s account information, or by written communication sent by regular mail to your address on record in OntheMove Laundry’s account information.
You may not assign your rights under these User Terms without prior written approval of OntheMove Laundry.
Applicable law and Venue
The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the Republic of South Africa, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms, you and OntheMove Laundry will submit to the exclusive jurisdiction of the state and courts of the Republic of South Africa.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and OntheMove Laundry are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.
The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.
Our Corporate Address
OntheMove Laundry Pty Ltd.
292 Surrey Avenue, Ferndale
Randburg, Johannesburg 2194