Terms of Service

UniBubbles LLC, an Indiana limited liability company (“Company”) operates marketplace platform software (the “Platform”) by which machine laundry and third party dry-cleaning services (the “Services”) may be requested by individuals (“Customers”) from and provided by or through other individuals (“Washer”), consistent with and subject to these Terms of Service.

 

By accessing Company’s Platform, you are agreeing to be bound by these Terms of Service and acknowledge that these Terms of Service constitute a legally binding agreement between you and the Company.

 

 

1.             THE PLATFORM.  Customers and Washers (together, “Users”) must create an account for accessing the Platform using accurate credentials, updated when necessary (a “Login”), and may be required to create a separate account for each role in which they access they Plato from (i.e., as a Customer versus a Washer). Any Logins created using false or misleading information, may be cancelled and terminated by Company without notice.  As a User, you authorize Company to match you with a Customer or Washer as it determines appropriate based on the details of the Services requested via the Platform (which may include timing for completion of services, physical location, User preferences, and other information collected relevant to the performance of the services, etc.).  Each individual Service requested and performed via the Platform will constitute a separate agreement between the Washer and the Customer on the terms provided herein.

2.             ELIGIBILITY.  Only individuals who may legally enter into legally binding agreements may access and use the Platform.  By creating a Login, you represent that you have the capacity to enter into this agreement and are at least 18 years of age.

3.            RESTRICTIONS ON USE.  In connection with your use of the Platform, you represent that you will not: 

3.1.         make available any laundry for Services which (i) includes any foreign material not intended to be laundered; (ii) includes any material that may damage the laundering equipment or other materials laundered with your laundry; or (iii) without special instruction, that is not intended to be machine laundered and dried;

3.2.         fail to notify Company of any lost or damaged laundry within 24 hours of the completed Services;

3.3.         Fail to report another User’s known violation of this agreement as promptly as reasonable;

3.4.         access or use the Platform for purposes of competitive analysis, or development, provision or use of a competing service; or

3.5.         make false reports to Company;

3.6.         allow or permit any third party to use your Login;

3.7.         post Information or interact on the Platform in a manner which is fraudulent, abusive, obscene, profane, sexually oriented, harassing, or libelous;

3.8.         discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or

3.9.         stalk, threaten, or otherwise harass any person, or carry any weapons;

3.10.      impersonate any person or entity;

3.11.      use the Platform in any way that infringes any third party’s rights;

3.12.      violate any law, statute, rule, permit, ordinance or regulation;

3.13.      interfere with or disrupt the Platform;

3.14.      post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;

3.15.      modify, adapt, translate, reverse engineer, decompile, decode or otherwise disassemble any portion of the Platform or any software used on or in connection with the same;

3.16.      rent, lease, lend, sell, redistribute, license or sublicense the Platform or your Login, or access to any portion of the Platform;

3.17.      link directly or indirectly to any other web sites; or

3.18.      cause any third party to engage in the restricted activities above.

4.             FEES AND PAYMENTS.

4.1.         Company will post the fees for Services available via the Platform (the “Service Fees”); provided, Company has the right to modify Services pricing at any time. Notice of any Service Fee changes will be made by posting to the Platform or by quoting you a price for a specific Service at the time you make a request.  IN addition, Service Fees are subject to increase in times that the Services are in higher demand.

4.2.         As a Customer, you understand that request for Services via the Platform may result in charges to you (“Fees”), including Service Fees, third party costs noted at the time of the Service requested, and all other applicable fees, surcharges, and taxes, plus any tips that you elect to pay.  In consideration of the Services provided to you via the Platform, you agree to pay all such Fees.

4.3.         All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.), subject to their applicable terms and conditions. Company may replace its third-party payment processing services without notice to you. Charges shall only be made through the Platform. With the exception of tips, cash payments are strictly prohibited.

4.4.         Once submitted and assigned or made available to a Washer, you will not be permitted to cancel requested Services and may be charged for applicable Fees even if you do not make your laundry available for pickup.  All Fees are non-refundable.

5.             INTELLECTUAL PROPERTY.  All intellectual property rights in the Platform shall be owned solely by Company, including, but not limited to copyright, design rights, database rights, trademarks, and other similar rights wherever existing in the world together, whether registered or unregistered. All third party trademarks, logos, service marks, company or product names set forth in the Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication, and distribution of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you

Company will, at all times, own all right, title, and interest in and to the Platform, including all goodwill connected with the same, and reserves all rights not granted to the Users hereunder.

6.             INFORMATION COLLECTED.  All information collected in connection with your Login, or use of the Platform, is subject to Company’s privacy policy available via the Platform www.unibubbles.com/privacy.

7.             ADDITIONAL WASHER PROVISIONS.  In addition to all other terms of these Terms of Service, each Washer hereby agrees as follows:

7.1.         Your request to operate on the Platform as a Washer is subject to Company’s approval, in its sole discretion, at all times, and your continued compliance with the Terms and Conditions.  Company may terminate your Login or Washer-access to the Platform in its sole direction, with or without cause or notice, at any time.

7.2.         Each Washer is an independent contractor, and not an employee, of Company, and is solely responsible for the tax implications of all compensation paid as a result of or in connection with providing Services.  Company does not direct or control any Washer’s provision of Services, directly or indirectly, and each Washer may decline any request for Services or cease provision of the Services all together at any time (subject to any notice provisions provided herein). 

In addition, each Washer agrees that there is no joint venture, franchisee-franchisor, or partnership relationship between the same and Company, and no Washer has any authority to bind Company and will not hold himself or herself out to any party as being an employee of Company or having any such authority.

7.3.         As a condition to Company’s approval for you to serve in such capacity on the Platform, each Washer agrees:

A.             To regularly accept Services directed by Company to you for performance;

B.             to treat each customer with respect and be courteous in the performance of the Services;

C.             to promptly complete all Services assigned to and accepted by you in accordance with any   special requests from Customer and within the time requested;

D.             to return all laundry to each Customer in the same condition as you accepted it prior to the Services;

E.             to not solicit any Customer for services not offered and authorized via the Platform, or accept any solicitation by a Customer for any of the same;

F.              to not contact any Customer except through the Platform; and

G.             to not use any Customer information learned by, or made available to, you via the Platform or in the performance of the Services for any purpose other than the performance of the Services requested by such Customer.

7.4.         A Washer will receive payment for Services provided via the Platform (the “Washer Fee”) only upon completion the respective Service(s) (and Customer verification of the same). The Washer Fee will be equal to the amount paid by the Customer for the Services performed, less a fee payable by Washer to Company for access to and use of the Platform per Service performed (the “Platform Fee”). The Platform Fee schedule will be listed on the Platform, and is subject to change in Company’s discretion at any time by posting of such change on the Platform.  In addition, the Washer will be entitled to any tip provided by the Customer upon completion of the Services and acceptance by the Customer. Company may, in its sole discretion; withhold payment of a Washer Fee and any tip for up to 7 days to ensure Customer payment for the respective Services has cleared, and Washer irrevocably authorizes Company to withhold any Platform Fee due and payable from

7.5.         In the event a Customer makes a claim that a Washer has damaged or lost the Customer’s property in the provision of Services (excluding normal wear and tear as determined in Company’s discretion), or otherwise failed to provide the Services in compliance with this agreement, Company may withhold payment from such Washer indefinitely, and refund such Washer Fee and tip, if any, to the Customer.   Company is under no obligation to investigate the validity of any such claim, and may terminate a Washer’s Login upon or following receipt of any such claim in its sole discretion.

7.6.         Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement (available at https://stripe.com/us/connect-account/legal), which includes the Stripe Services Agreement (available at https://stripe.com/us/legal) (collectively, the “Stripe Terms”). By using the Platform to receive payment proceeds, each Washer agrees to be bound by the Stripe Terms, which may be modified from time to time. Each Washer hereby authorizes Company to obtain all necessary access and perform all necessary activity on your Stripe Connected Account in order for Company to pay such Washer as contemplated by this agreement.

7.7.         Notwithstanding anything herein to the contrary, each Washer is hereby granted a limited license, during the term of this agreement, and subject to compliance with the terms and conditions herein, a limited, revocable, non-exclusive license to display and use Company’s name and logo solely in connection with providing the Services through the Platform (“License”). The License is non-transferable and non-assignable, and may not be used in any manner that is likely to cause confusion.  Company reserves the right to terminate the License at any time, with or without cause.

8.             CONFIDENTIALITY.  You agree to maintain all information provided or made available via the Platform, including information regarding any other User, and any non-public information concerning Company confidential.  This restriction will not apply to information which becomes public without a violation by any User of this provision, any information which you independently learn or develop, or any information required to be disclosed by law or court order (but only to the extent required).

9.             TERM AND TERMINATION.  This agreement is effective upon your creation of a Login, and will remain in effect until terminated (i) by Company, at any time, without cause, (ii) by you, upon no less than 7 days’ written notice being provided to Company; (iii) by Company or you immediately, upon the other party’s material breach of this agreement (including, but not limited to, any breach by you of sections 2, 3, or 7.3) and written notice of the same. 

10.          MODIFICATIONS.  Company reserves the right to modify, amend, or restate these Terms of Service at any time, and your continued use of the Platform or Services after Company’s posting of any such change(s) shall constitute your consent and agreement to be bound by the same.  

11.          MISCELLANEOUS.

11.1.      Assignment.  You may not assign or transfer any of your rights or obligations under this agreement, including in connection to the Platform, your Login, or any Services applicable to you, without the prior written consent of Company.

11.2.      Disclaimers.  THE PLATFORM IS PROVIDED BY COMPANY “AS IS,” AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER, AND COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.  COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR ERROR FREE.

COMPANY IS A PROVIDER OF THE PLATFORM ONLY, AND IS NOT RESPONSIBLE FOR THE PROVISION OR PERFORMANCE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ENSURING THAT SERVICES ARE PROVIDE IN ACCORDANCE WITH ANY SPECIAL REQUESTS (SUCH AS “HAND WASH ONLY” OR “DRY CLEAN ONLY”).  COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES WILL MEET ANY CUSTOMER’S OR ANY OTHER PERSON’S REQUIREMENTS.

11.3.      Liability Limitations.   Excepts as provided in this section, Company will have no liability to you for personal injury or personal property damage incurred in the performance of Services or connected with use of the Platform.  Company’s sole liability to a Customer for Services that are not performed in an acceptable manner is return of the Service Fee with respect to such Service, subject to such Customer’s timely submission of a complaint in accordance with Company policy, regardless that the Customer may have incurred damages or losses substantially in excess of such amount.  By accessing the Platform, you acknowledge and accepts the inherent risk in allowing a third party to take possession and launder their personal property, and each Washer acknowledges the risk to their personal property inherent in performing the Services.   IN NO EVENT WILL COMPANY BE LIABLE TO ANY USER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES.

11.4.      Indemnification.  Each User will indemnify, defend, and hold the Company (and its officers, directors, manager, employees, other contractors, members, shareholders, and agents) harmless from any and all loses, liabilities, damages, and expenses which may arise as a result of such User’s (i) use of the Platform, (ii) use or provision of the Services; or (iii) breach of this agreement.

11.5.     Dispute Resolution.  Each User agrees that the courts located in Hamilton County, Indiana will be the exclusive venue for any claim or action against Company arising out of or in connection with this agreement, the Platform, or the Services.  Each User further agrees that this agreement will be controlled and governed by the internal laws of the State of Indiana, without regards to its conflict of laws principles.

In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by you or Company arising out of or related to this agreement, Company, if the prevailing party, shall be entitled to recover its reasonable attorneys’ fees and court costs.

 

This agreement and the schedules, policies, and links referenced herein, represents the entire agreement between the parties relating to the subject matter hereof.

 

 

Last Updated: May 15, 2018

© 2018 UniBubbles LLC