1. INTRODUCTION
a) These terms and conditions (Terms) govern your use of the Laundry HQ app and the use of Our Services through the app (Platform). The Platform connects people, like you (Customers, you or your) to Laundry HQ Laundry Services and our third party suppliers for Dry Cleaning And alterations.

b) By using the Platform, you agree to be bound by these Terms which form a binding contractual agreement between you, and us, Laundry HQ Pty Ltd (ABN 74 659 836 736) trading as Laundry HQ (Laundry HQ, we or us).

c) We may use Google Maps/Earth mapping services or any other mapping service provider, including the mapping service provider’s API(s). Your use of Google Maps/Earth or any other mapping service provider is subject to that mapping service provider’s terms and conditions.
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2. WHO MAY USE OUR SERVICES
a) In order to use Our Services, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter contracts under the law of the jurisdiction in which you reside. You may not access our Services if these facts are not true.

b) If you use Our Services on behalf of a company or organisation you acknowledge and agree that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer or other legal entity (Represented Entity), then “you” means the Represented Entity and you are binding the Represented Entity to these Terms. If you accept these Terms on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
3. OUR SERVICES
a) In these Terms:

i) “Our Services” means the services we provide to Launderers Customers through the Platform; and
ii) “Laundry Services” means the services provided to Customers via the Platform or via our store front, including pickup and delivery, laundry and dry cleaning services.

b) You acknowledge and agree that the Platform is merely a medium that facilitates the introduction of Customers.

c) You acknowledge and agree that our legal relationship is limited to our provision and your receipt of the Platform and Our Services.

d) You will have the sole responsibility for any obligations or liabilities to third parties that arise from you obtaining Laundry Services.


 4. APPLYING FOR AN ACCOUNT
a) To join the Platform as a Customer, you will need to apply for an account (Account).

b) As part of the Account application process and your continued use of the Platform, you will need to provide personal information and details, such as your email address, first and last name, a secure password, address, contact number, and other information as determined by us from time to time.
c) You warrant that any information you give to us will always be accurate, honest, correct and up-to-date.

d) Once you complete the Account application process, we may, in our discretion, choose to approve you as a Customer on the Platform.
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4.1 ACCOUNT RULES AND YOUR OBLIGATIONS
You acknowledge and agree:
a) that if we have approved your Account, to not share your Account with any other person and that any use of your Account by any other person is prohibited. Please immediately notify us of any unauthorised use of your Account, password or email, (or any other breach or potential breach of the Platform’s security);
b) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
c) not to use the Platform for any purpose other than for using Our Services and obtaining Laundry Services, including in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
d) not to make any automated use of the Platform
e) not to copy, reproduce, translate, adapt, vary or modify the Platform;
f) not to act in any way that may harm our reputation or associated or interested parties or do anything at all contrary to our interests or the Platform; and
g) that we may change any features of the Platform or Our Services at any time without notice to you.
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4.2 SUSPENSION AND CANCELLATION OF ACCOUNT
Without limiting any other provision of these Terms, we may, in our discretion, cancel your Account for any reason, including for any failure by you to comply with these Terms.
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5. THE PLATFORM
5.1 CREATING A BOOKING
a) Once we have approved you as a Customer on the Platform and provided you with an Account, you will have access to the Platform.

b) You can then create a request for Laundry Services (Booking) through the Platform.

c) When you create a Booking you will be asked to provide details about the Booking including:
• the Laundry Services you require;
• pick up address (Booking Address);
• pick up day (Booking Day);
• if applicable, the weight of the Job (Job Weight can be approx);
• if applicable, any items for dry cleaning, ironing, bedding etc; and
• any special instructions.
d) Some of the details may be prefilled using information from your Account however this can be changed.
• e) Once your Booking is created, it will then be directed to us (LAUNDRY HQ) who can then accept or reject the Job.

f) If your Pick up is rejected then your Booking may be cancelled. If cancelled, you will not be charged.
• 5.2 PICK UP
a) Once we have accepted your Booking, we will pick up your laundry from the Address provided on the Day requested. The Pickup and Delivery service is a genuinely free service.
b) We cannot guarantee that we will pick up your booking on the booking Day and we will not be liable to you for any loss or damage that arise from us not picking up your Booking on the Day or at a specific time.

c) Please ensure you will be available for us to pick up your laundry from the booked Address on the scheduled Day. If you will not be available, please contact us as soon as possible to reschedule the time, prior to arrival at the Booking Address.

d) If you will not be available on the scheduled Day please leave your Job in a suitable, secure location so that our Driver can Pick Up your laundry without you being present.

e) The Pickup and Delivery Service is a free service. If our driver has arrived at a booked location yet have Failed to pick up as requested then we reserve the right to charge a $20 fee to cover the associated costs of that Failed pick up. We track all Drivers and consider their arrival at the Booked Address proof enough of their attempt.

f) Where a scheduled pickup or delivery has been Failed, another mutually agreeable Pick Up / delivery day can be organised however this is unlikely to be on the same day.
5.3 WEIGHING OF LAUNDRY
a) If your booking includes a Wash Dry Fold order, we will weigh your laundry after completing the Laundry Services.

5.4 DRY CLEANING AND SPECIAL INSTRUCTIONS
a) If your order includes any items for dry cleaning, please keep these items separate from any other items that are part of a Job and detail which items they are within the app.

b) Any change to price must be negotiated prior to Pick Up. Therefore, your approval to be charged the price advertised within the app is considered implied and will be adjusted by Laundry HQ and charged accordingly without seeking additional approval from you.

c) If your order includes special instructions, let us know of these special instructions within the Notes section of the app. If a special instruction applies for a specific item, please keep this item separate from any other items that are part of a Job.
5.5 IRONING OR PRESSING
a) Any change to price must be negotiated prior to Pick Up. Therefore, your approval to be charged the price advertised within the app is considered implied and will be adjusted by Laundry HQ and charged accordingly without seeking additional approval from you.

b) Similarly, there is no discount provided for the Customer washing bed and table linen prior to our ironing it unless agreed to prior to booking. Therefore, where you incorrectly enter these items as Ironing instead of Iron Bed & Table Linen, these items will be adjusted by Laundry HQ and charged according to the advertised price, without seeking additional approval from you.
5.6 ITEM COUNT
Any time that orders are booked on a per item basis where the number of items have been incorrectly accounted for within the Booking; the number of items and subsequent charges will be adjusted by Laundry HQ without seeking prior approval from you.
5.7 DELIVERY
a) Once you order is complete and ready for delivery, we will deliver your order at the order Address.

b) It is your responsibility to ensure that the delivery address entered into the app, either automatically prefilled or manually entered, is correct. Neither Laundry HQ nor its staff are in any way liable for items delivered to an address that was incorrect at time of booking if they were not subsequently notified of the error by the customer.

c) It is your responsibility to ensure that you are available at the Order Address for receipt of the order on the day that is booked or mutually agreed, or that there is a suitable location for our driver to leave the order unattended. If your Order was left out for Pick Up then your approval to leave the Job at the same location at Delivery is considered implied.

d) Laundry HQ cannot be held responsible for anything that happens to your order after delivery and will not be liable to you for any of your items being lost, damaged or stolen from that moment on. Where no one is available to receive your laundry the Driver will take photo evidence of the job delivered for verification purposes and this photo shall be available within your notifications on the app.

e) Where a Laundry HQ Driver, has arrived at a booked location yet have been unable to deliver for whatever reason as requested then we reserve the right to charge a $20 fee to cover the associated costs of that Failed delivery and subsequent redelivery.

f) Where a Booking has been Failed another mutually agreeable Delivery Day can be organised directly with us, although this is unlikely to be on the same Day of the initial Failed Day as the order needs to arrive back at oue store for redelivery and we must be allowed to find efficiencies within your Route.

5.8 INFORMATION FOR JOBS
a) Please ensure you provide accurate and complete details when creating a Job.

b) Laundry HQ accepts a Job based on the information provided by a customer when they create a Job. Laundry HQ is under no obligation to check that the items you have provided for an order accurately or completely match with the information provided for that Job. For example, if you create a Job for Wash, Dry & Fold, our Launderer is under no obligation to check that the items provided are suitable for this service. It is your responsibility to ensure any items provided for a Job you create are suitable for the Laundry Services that you have requested. Laundry HQ will not be liable to you for any loss or damage (including any costs to repair any damaged items, costs to replace any damaged or lost items or costs to perform any additional services) that arise from you obtaining any of our Laundry Services.

c) Where necessary, Complaints and Disputes shall be resolved as set out in Clauses 10 and 11.
5.9 PRICES
The Platform automatically applies a default price when you create an order. You may however change this price by contacting us.
6. FEES AND PAYMENT
6.1 GENERAL
a) Unless otherwise indicated, all prices include GST.

b) We reserve the right to charge credit card surcharges if payment is made using a credit, debit or charge card (Visa, MasterCard). We currently do not provide for AMEX card payments.
• 6.2 PAYMENT
a) Our Payment Terms are strictly by credit card charge upon receipt of the Job and final confirmation of the correct price of the Job, either prior or after processing.

b) We reserve the right to halt processing until payment has been received in full. Our Minimum Turnaround Time shall not commence until processing begins. Hence nonpayment will almost certainly result in delays to Delivery.

c) Where payment is not received, or the order is cancelled after pickup for any reason, by the Customer, we reserve the right to charge the current advertised Minimum Order Amount to cover the costs of picking up and delivering back the unprocessed order.

d) We reserve the right to hold items until payment of the Minimum Order Amont has been received or, if the Job has been processed, until the payment is received in full.
e) We may charge late payment fees, interest, legal and recovery costs where payment has not been received within 30 days, for any reason.
 6.3 PAYMENT PROVIDER
We use a third-party payment provider (Clean Cloud Pay, Stripe, Go Cardless) to process payments. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct the Payment Provider to correct, any errors or mistakes in collecting your payments. We reserve the right to charge credit card surcharges to cover the fees charged by this Payment Provider.
7. SERVICE LIMITATIONS
• The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

i) the Platform will be free from errors or defects;
ii) the Platform will be accessible at all times;
iii) any information sent through the Platform including Jobs will be delivered promptly, or delivered at all;
iv) information you receive or supply through the Platform including Jobs will be secure or confidential; or
v) any information provided through the Platform including Jobs is accurate or true.

8. INTELLECTUAL PROPERTY
a) We retain ownership of all materials developed or provided (or both, as the case may be) in connection with Our Services and the Platform (including text, graphics, logos, design, icons, images, functionality, pricing and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by us.

b) You must not reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without our prior written consent or as permitted by law.

c) In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design (including website design and functionality), patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these Terms in Australia and throughout the world.
9. CUSTOMER COMPLAINTS
a) If you have a complaint about the Laundry Services or would like to request a refund (Refund Request) Laundry HQ directly.

c) If your Complaint or Refund Request is still not resolved to your satisfaction despite our assistance, the Complaint or Refund Request will be considered a dispute and the dispute resolution process set out in clause 11 will apply.

10. DISPUTE RESOLUTION
a) A party (including us, you and third party service providers) claiming that a dispute has arisen under or in connection with dry cleaning services of which we use a third party (dry cleaning complainant) will be solely and exclusively referred to, and finally resolved by, binding determination by the Drycleaning Institute of Australia (DIA).

b) Party to the dispute acknowledges and agrees that any determination by the DIA will be final and binding and agree to comply with the DIA’s determination including, if applicable, the payment of any amounts to either party for loss or damages within 7 days of the determination.

c) Where the DIA has determined that we (us, or third party supplier) were not at fault and that no compensation is necessary, you agree that stating otherwise in any public forum, including on social media, will constitute Defamation and may be prosecuted for Damages as such.
11. SECURITY
• We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, your personal data being stolen, malicious computer code or any other forms of interference and cyber-attacks.
12. DISCLAIMER, LIABILITY & INDEMNITY
12.1 DIRECTORY SERVICE
a) The Platform is a medium that facilitates the introduction of Customers to our laundry services.
b) You acknowledge and agree that:
• i) Dry Cleaning Services are provided by a third party supplier
• any terms and conditions relating to a service (including Laundry Services) provided through the Platform constitute a contract between you Laundry HQ.
12.2 LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, we exclude completely, or if held unenforceable, our maximum aggregate liability to you will be $100 AUD for, all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection to or relating in any way to Our Services or the Platform. This includes the transmission of any computer virus, use of your personal data by unauthorised parties and any other form of loss or damage that may arise from a cyber-attack of any form.
12.3 WARRANTIES
We make no representation, guarantees or warranties as to the effectiveness of Our Services or the Platform. All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
12.4 CONSUMER LAW
a) Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
i) to cancel your service contract with us; and
ii) to a refund for the unused portion, or to compensation for its reduced value.
b) You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

c) If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
12.5 INDEMNITY
You agree to indemnify us and our employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
i) breach of these Terms; or

ii) use of Our Service or the Platform.
12.6 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with Our Services, the Platform, these Terms or their subject matter, or any services provided by you (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)

13. CONFIDENTIALITY & PRIVACY
13.1 PRIVACY
You agree to comply with:
i) your obligations under the Privacy Act 1988 (Cth); and
ii) our privacy policy as in force from time to time.
13.2 COLLECTION NOTICE FOR PERSONAL INFORMATION
a) We collect personal information about you in order to provide you with Our Services, to enable you to access and use the Platform and for other purposes set out in our privacy policy.

b) Our privacy policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
13.3 CONFIDENTIAL INFORMATION
You agree to not disclose Confidential Information directly or indirectly to any third party, except:
i) with our prior written consent; or
ii) as required by law.
13.4 In this clause 13\4, “Confidential Information” means information of, or provided by, us that is by its nature confidential information, is designated as confidential, or that you know or ought to know is confidential, but does not include information which is, or becomes, without a breach of confidentiality, public knowledge.
14. CANCELLATION

14.1 CANCELLATION BY YOU
You may cancel your Account at any time through the Platform or by contacting us.
14.2 CANCELLATION BY US
a) To the extent permitted by law, we reserve the right to cancel your Account at any time without notice, for any reason.

b) We may also cancel your Account at any time without notice if you breach any provision of these Terms.
14.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your Account, we may retain or delete any data and material associated with your Account. If deleted, you will not be able to recover any of your data and material. We will not be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of, in correction to or in relation to the cancellation, termination or expiry of your Account.
15. RECORD KEEPING
To the maximum extent permitted by law, we reserve the right to keep all records of any and all transactions and communications made through the Platform between you and Laundry HQ (including information about Jobs, messages, cookies, and I.P. address information) for administration purposes and also hold the right to produce these records in the event of any legal dispute.
16. NOTICE REGARDING APPLE
16.1 If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
a) these Terms are between you and us and not with Apple. Apple is not responsible for the Services or any content available on the Services;

b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

c) in the event of any failure by us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility;

d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
i) product liability claims;
ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
iii) claims arising under consumer protection, privacy, or similar legislation;

e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

f) that 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) you are not listed on any U.S. Government list of prohibited or restricted parties;
iii) you must comply with applicable third party terms of agreement when using the Services; and
iv) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these 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.
• 16.2 In this clause 16, “Services” means, as relevant, Our Services and/or the Platform.
17. NOTICES
• a) A notice or other communication to a party under these Terms must be:
• i) in writing and in English; and
• ii) delivered via email to the other party, to (in our case) our contact email address set out on the Platform and (in your case) the email address associated with your Account (collectively the Email Address).
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b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
• i) 24 hours after the email was sent; or
• ii) when replied to by the other party,
• iii) whichever is earlier.
18. GENERAL
18.1 GOVERNING LAW AND JURISDICTION
These Terms are governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
18.2 WAIVER
No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
18.3 SEVERANCE
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these Terms is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
18.5 ASSIGNMENT
You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
18.6 ENTIRE AGREEMENT
These Terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in connection to the subject matter of these Terms.

18.7 THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). We accept no responsibility for Third Party Content and make no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
18.8 INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation; and
• (adverse interpretation) no provision of these Terms will be interpreted adversely to a party because that party was responsible for the preparation of these Terms or that provision.