Terms of service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING BONDED DRY CLEANERS ("BONDED") 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 BONDED APPLICATIONS OR ANY SERVICES PROVIDED BY US. IN PROVIDING THE SERVICES, BONDED IS SUPPORTED BY CLEAN CLOUD SERVICES. ACCORDINGLY, THE USE OF BONDED’S SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS AND AGREEMENTS ENFORCED BY CLEAN CLOUD SERVICES AND FUTURE AMENDMENTS THERETO.
SERVICES
Bonded provides services for apparel-related services, including but not limited to dry cleaning, laundry and alteration services (the “Services”). Registration for or use of the Services shall be deemed to be your consent to abide by this Agreement including any terms and materials incorporated by reference herein, including but not limited to Bonded Privacy Policy. You warrant that the information you provide to Bonded is accurate and complete. Bonded 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. Bonded 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. Bonded 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 Bonded Content without written permission from Bonded;
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.
Bonded 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.
STUDENT BUNDLE PLANS
Wash and fold contents are washed, dried, folded, packaged, & returned in laundry bag. Medium/dark colors are washed in cold and whites in warm; all clothes are dried on medium heat. While Bonded makes every effort to sort misplaced garments, we are not responsible for damages to non-washable clothing received in laundry bags. There is no sharing of Bundle Plans. Bonded gives one warning; at second offense Bonded cancels plan without refund. While Bonded makes every attempt to detect and remove foreign objects from pockets or compartments, Bonded does not guarantee its success in doing so. Furthermore Bonded is not responsible for damage to clothing or to the foreign object resulting from our process. Objects found are returned no matter what the value.
DRY CLEANING TERMS
Each piece is dry cleaned or laundered according to garment care labels and accepted industry practice. Contents submitted for dry cleaning are cleaned, pressed, packaged and returned on hangers or in the bag. Bonded Preload Account can be used for any dry clean items. The free portion of the preload expires at the end of the service period, while the remainder stays on the account for four years. No refunds are given for unused preload balances.
BUNDLE PLAN CHARGES
Student Bundle Plan service is offered for purchase in semester or annual plans. Plan options include 10, 20 or 30 lb weekly provisions with excess charged at $1.50/lb. Each use is a minimum of 10 lbs (10lb plans have 5lb min). Students who do not use package service for one week can use double lbs for the following week, totaling 2 weeks only. Use of wash and fold laundry service without a current plan is subject to use charges ($1.75/lb) minimum 15 lbs. Bundle Service is only available with selection of a semester or annual service plan. Any order turned in containing potentially hazardous materials or heavily soiled and stained with mud, vomit, protein, oil, alcohol but not limited to that requires extra processing will result in a $15 Heavy Duty charge per instance.
PAYMENT
You agree that you will pay for all Cleaning you purchase through Bonded, and that Bonded 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 Bonded with a valid credit card account for payment of all fees at all times.
Any payment made is non-refundable. Bonded may use a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Bonded is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Bonded will obtain certain transaction details, which Bonded will use solely in accordance with its Privacy Policy.
DELINQUENT ACCOUNTS
60 day overdue accounts may result in withholding of clothes until bill is fully paid. Bonded employs collection agencies and notifies credit bureaus for accounts in extreme delinquency.
SERVICE CHANGES/NOTIFICATIONS AND ACCOUNT INFORMATION
Due to the fluid logistics of collegiate campuses (events, holidays, finals) Bonded may need to adjust service hours, locations, or article pricing. Notification to students and/or parents occurs via email, phone, mail or combined efforts. Registrants are responsible for the accuracy of account information on file, including but not limited to student's current mobile, permanent home phone, student's email, parent's email, and permanent home address. Bonded is not responsible for missed notifications or service announcements from invalid contact information.
PICKUP AND DELIVERY
Bonded is not responsible for clothing (orders) before pickup or after delivery.
REPORTING
All claims (including missing/damaged items) must be reported within 48 hrs of delivery. Due to variations in fabrics and dyes Bonded cannot guarantee against color loss, bleeding, and shrinkage, damage in trims when following manufacturer's care instructions. We take additional steps to remove stains that are identified prior to processing, but Bonded cannot guarantee removal of existing stains. We try to remove and return items from pockets, but Bonded is not responsible for items left in clothing or/and any resulting damage. Refund or credit limits when Bonded is responsible for loss or damage shall in no event exceed: $150 any one item from Bundle Plan, $400 any total Bundle Plan claim, $200 any one laundered or dry cleaned item, and $500 any total laundry or dry cleaning order.
CREDIT
Damage and complimentary credits expire at end of academic year. Gift certificates expire the earlier date on the Gift Certificate or end of academic year. CHANGE OF SERVICE credits expire at end of original service plan. Overpayments post as credits to account and remain until a refund request.
CANCELLATION OR CHANGE IN SERVICE
Bundle Plans are cancelled or changed ONLY by submitting a completed Change in Service Form (CHFORM) to the Central Office via fax, email, or by mail. Change or cancellation is not processed at truck locations or by phone. Use of service that contradicts changes from an executed CHFORM is charged accordingly. (Mail your CHForm to info@bondedboutique.com)
REFUND POLICY
If you are not satisfied you may cancel during the first 30 days (Trial Period) for a prorated credit or refund, less a $20 cancellation fee. Prorating begins the date a completed Change in Service Form (CHForm info@ bondedboutique.com) is received in the Central Office via fax, mail or email. The Trial Period begins when service is requested or classes start. Students are not refunded for under-usage of services from prior weeks. No refunds are issued after the Trial Period, but Subscription Package laundry payments may convert to dry cleaning credits. No refunds are given for unused preload balances. If a customer cancels service on or before start date and has not received a bag, a full refund is issued.
INDEMNIFICATION
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Bonded, 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.
LIABILITY
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. Bonded 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.
Bonded 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 willful misconduct or from gross negligence on the part of Bonded.
Bonded 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.
User understands that there is inherent risk in Cleaning and there is potential for clothing and related items to get lost or damaged. Bonded will do its best to ensure situations like this do not happen, and in the instances they do happen, will work with the User to rectify the situation. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Bonded’s aggregate liability shall in no event exceed an amount of $500 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.
GRANT OF LICENSE
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.
Bonded grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. All rights not expressly granted herein are reserved by Bonded.
IP OWNERSHIP
Bonded alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related Intellectual Property Rights in and to the Services, the Content, Bonded and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, make commercial use, 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 Bonded. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bonded or its licensors, except for the licenses and rights expressly granted in these User Terms. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Bonded's trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish Bonded’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
We do not claim ownership over content, such as text and images that you upload through the services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Services, in accordance with these terms.
This Agreement does not convey to you any ownership interest in or to the Services, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Bonded's Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
RESTRICTIONS
You represent and warrant that you are at least eighteen (18) years of age. You may not: (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way; (ii) display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine any of the Services with other software or services; (iii) interfere in any manner with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the Services; or (iv) copy any ideas, features, functions or graphics of the Services or any Content; (v) use the Services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements, or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations; (vi) modify, alter and create derivative works of the Software, or any part of the Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement, (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of Bonded or any other third parties; (viii) otherwise use the Services not in compliance with the terms of this license.
RESPONSIBILITIES AND ACCEPTABLE USE OF THE SERVICES
You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally, comply with any instructions concerning access to and/or use of the Services that Bonded may offer from time to time;
You specifically agree not to, in any way: (i) access (or attempt to access) the Service by any unauthorized or automated means, other than through the interface that is provided by Bonded; (ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Services; (iii) interfere with or disrupt the integrity or damage the performance of the Services or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services, including any hosting services provided by third parties to facilitate the Services; (iv) engage with any activities that violate anti-spamming laws and regulation, including the CAN SPAM Act of 2003; (v) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services; (vi) use robots, crawlers and similar applications to collect and compile Content from the Services, for the purposes of competing with the Services, or in such ways that might impair or disrupt the Services' functionality; (vii) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (viii) collect or process personal information of the Services' users without their explicit consent; (ix) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only; (x) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to export laws; (xi) engage with any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (xii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services; or (xiii) interfering with the proper functioning of any System, including deliberate attempt to overload a system by mail bombing, or flooding techniques;
Should Bonded become aware that you have violated above, Bonded shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your user account under section 13 below and/or notify the relevant authorities.
REGISTRATION AND USER ACCOUNT
Downloading the Software and registration with the Services is free of charge. However, use of the Services are paid services, according to the charges posted by Bonded. If you fail to settle your fees to our satisfaction, then your account shall be terminated. When you register with the Services we will ask you to provide us with certain contact and personal details. If you wish to purchase any of Bonded's Services, we will ask you to provide us also with your payment details. Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair our ability to provide you with the Services and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite personal information in these fields, you will not be able to register with the Services. Our use of your Personal Data is subject to Bonded's Privacy Policy, as set below.
To login, you must use your email address and password you entered on the registration process. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing other certain services of Bonded.
You agree to maintain your password in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account as a result of conveying your details to someone else.
TEXT MESSAGING AND TELEPHONE CALLS
You agree that Bonded may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Bonded account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Bonded at any time by contacting Bonded. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
PRIVACY AND SECURITY
Bonded respects your privacy. The use of any Services shall at all times be subject to Bonded's Privacy Policy which constitutes an integral part of this Agreement. The Privacy Policy is available at below. Bonded reserves the right to modify the Privacy Policy in its discretion from time to time. Therefore it is recommended that you read it periodically. Continued use of the Services after any such changes shall constitute your consent to such changes.
Bonded and third parties on its behalf implement information security systems and procedures to secure your personal information and to prevent unauthorized access to your account on the Services and any information routed through or stored on Bonded's server computers. To learn more about how Bonded secures your personal Information, please see Bonded's Privacy Policy as well.
CHARGES AND PAYMENT OF FEES
You shall pay any and all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments shall be made in accordance with the terms and conditions set forth by Bonded, or as otherwise mutually agreed upon. You are responsible for paying any then, generally applicable fees or charges during the applicable billing period. Bonded reserves the right to modify its fees and charges and to introduce new charges at any time, [upon at least 30 days prior notice to you.] All payment obligations are non-cancelable and all amounts paid are non-refundable. You are responsible for paying for all licenses ordered, whether or not such licenses are actively used.
BILLING AND PAYMENT
Bonded may charge and collect fees for use of the Services in accordance with its then in effect billing practices and procedures upon your use of the Services. Bonded's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Bonded's net income.
You agree to provide Bonded with complete and accurate billing and contact information as shall be requested by Bonded. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Bonded reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact Bonded [in writing within 30 days of the invoice date] of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
TERM AND TERMINATION
Bonded may terminate this Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. You may discontinue your use of the Service for any reason and at any time. You may remove the configuration of the Service from your mobile phone. You may also cancel your user account by contacting us at. Your account on Bonded shall be removed expeditiously. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services. Any breach of your payment obligations, unauthorized use of the Service or other failure by you to comply with the terms of this Agreement will be deemed a material breach of this Agreement and will entitle Bonded, without derogating from any other remedies available to it, to immediately suspend or terminate this Agreement with no liability or refund to you.
DISCLAIMER OF WARRANTIES
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BONDED (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, BONDED AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE BONDED TOOLS OR ANY CONTENT. BONDED (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR THE BONDED TOOLS WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF BONDED OR THE SERVERS' OPERATORS' REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH BONDED'S SOFTWARE AND SERVICES, OR (H) ANY ACTIONS RESULTING FROM THE ACTIONS OR OMISSIONS OF ANY DRY CLEANING SERVICE PROVIDERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BONDED'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE BILLING PERIOD DURING WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. IN NO EVENT SHALL BONDED BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF BONDED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTICE
Bonded may give you notice by means of a general notice on the Services or by electronic mail to your e-mail address on record in Bonded's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. [You may give notice to Bonded (such notice shall be deemed given when received by Bonded) at any time via Bonded contact details as appear at Bonded official Website, addressed to the attention of: Bonded Support.
MODIFICATION TO TERMS
Bonded reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time. Substantial changes will take effect 30 days after Bonded [has posted an initial notification on the Website homepage or any other relevant web pages on the Website, with respect to such changes]. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Agreement to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in these terms of the Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Services. The date at the bottom of this Agreement indicates the last date that the Agreement was updated. We advise you to periodically read the terms of this Agreement, as they may change from time to time.
MISCELLANEOUS
This Agreement shall be exclusively governed by the laws of the State of Pennsylvania, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the federal or state courts located in the city of Philadelphia, Pennsylvania. You agree to resolve any dispute or claim that you may have against Bonded and to submit to personal jurisdiction in the exclusive jurisdiction of federal or state courts located in Philadelphia, Pennsylvania. This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement or use of the Services. The failure of Bonded to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bonded in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. "Including", whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of Bonded and any assignment without such prior written consent shall be void.
CHANGES IN OWNERSHIP
We may transfer ownerships rights and title in the Services, to any affiliated or unaffiliated third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that your rights according to this Agreement are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the person or entity receiving the rights in the Services and you hereby give your prior consent thereto.
SURVIVAL
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Agreement.
DEFINITIONS
Definitions as used in this Agreement and in any Subscription Orders now or hereafter associated herewith:
"Agreement" means these online terms of use and terms of subscription and license of the Software and Services, whether written or submitted online, and any materials [available www.bondedcleaner.com] specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Bonded from time to time in its sole discretion;
"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services;
"Intellectual Property Right means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith;
"Bonded Technology" means all of Bonded’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Bonded in providing the Services;
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 Bonded's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Bonded is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT
The Contract between Bonded and you is concluded for an indefinite period.
Last Updated: April 14, 2017
SERVICES
Bonded provides services for apparel-related services, including but not limited to dry cleaning, laundry and alteration services (the “Services”). Registration for or use of the Services shall be deemed to be your consent to abide by this Agreement including any terms and materials incorporated by reference herein, including but not limited to Bonded Privacy Policy. You warrant that the information you provide to Bonded is accurate and complete. Bonded 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. Bonded 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. Bonded 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 Bonded Content without written permission from Bonded;
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.
Bonded 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.
STUDENT BUNDLE PLANS
Wash and fold contents are washed, dried, folded, packaged, & returned in laundry bag. Medium/dark colors are washed in cold and whites in warm; all clothes are dried on medium heat. While Bonded makes every effort to sort misplaced garments, we are not responsible for damages to non-washable clothing received in laundry bags. There is no sharing of Bundle Plans. Bonded gives one warning; at second offense Bonded cancels plan without refund. While Bonded makes every attempt to detect and remove foreign objects from pockets or compartments, Bonded does not guarantee its success in doing so. Furthermore Bonded is not responsible for damage to clothing or to the foreign object resulting from our process. Objects found are returned no matter what the value.
DRY CLEANING TERMS
Each piece is dry cleaned or laundered according to garment care labels and accepted industry practice. Contents submitted for dry cleaning are cleaned, pressed, packaged and returned on hangers or in the bag. Bonded Preload Account can be used for any dry clean items. The free portion of the preload expires at the end of the service period, while the remainder stays on the account for four years. No refunds are given for unused preload balances.
BUNDLE PLAN CHARGES
Student Bundle Plan service is offered for purchase in semester or annual plans. Plan options include 10, 20 or 30 lb weekly provisions with excess charged at $1.50/lb. Each use is a minimum of 10 lbs (10lb plans have 5lb min). Students who do not use package service for one week can use double lbs for the following week, totaling 2 weeks only. Use of wash and fold laundry service without a current plan is subject to use charges ($1.75/lb) minimum 15 lbs. Bundle Service is only available with selection of a semester or annual service plan. Any order turned in containing potentially hazardous materials or heavily soiled and stained with mud, vomit, protein, oil, alcohol but not limited to that requires extra processing will result in a $15 Heavy Duty charge per instance.
PAYMENT
You agree that you will pay for all Cleaning you purchase through Bonded, and that Bonded 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 Bonded with a valid credit card account for payment of all fees at all times.
Any payment made is non-refundable. Bonded may use a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Bonded is not responsible for any errors by the Payment Processor. In connection with your use of the Services, Bonded will obtain certain transaction details, which Bonded will use solely in accordance with its Privacy Policy.
DELINQUENT ACCOUNTS
60 day overdue accounts may result in withholding of clothes until bill is fully paid. Bonded employs collection agencies and notifies credit bureaus for accounts in extreme delinquency.
SERVICE CHANGES/NOTIFICATIONS AND ACCOUNT INFORMATION
Due to the fluid logistics of collegiate campuses (events, holidays, finals) Bonded may need to adjust service hours, locations, or article pricing. Notification to students and/or parents occurs via email, phone, mail or combined efforts. Registrants are responsible for the accuracy of account information on file, including but not limited to student's current mobile, permanent home phone, student's email, parent's email, and permanent home address. Bonded is not responsible for missed notifications or service announcements from invalid contact information.
PICKUP AND DELIVERY
Bonded is not responsible for clothing (orders) before pickup or after delivery.
REPORTING
All claims (including missing/damaged items) must be reported within 48 hrs of delivery. Due to variations in fabrics and dyes Bonded cannot guarantee against color loss, bleeding, and shrinkage, damage in trims when following manufacturer's care instructions. We take additional steps to remove stains that are identified prior to processing, but Bonded cannot guarantee removal of existing stains. We try to remove and return items from pockets, but Bonded is not responsible for items left in clothing or/and any resulting damage. Refund or credit limits when Bonded is responsible for loss or damage shall in no event exceed: $150 any one item from Bundle Plan, $400 any total Bundle Plan claim, $200 any one laundered or dry cleaned item, and $500 any total laundry or dry cleaning order.
CREDIT
Damage and complimentary credits expire at end of academic year. Gift certificates expire the earlier date on the Gift Certificate or end of academic year. CHANGE OF SERVICE credits expire at end of original service plan. Overpayments post as credits to account and remain until a refund request.
CANCELLATION OR CHANGE IN SERVICE
Bundle Plans are cancelled or changed ONLY by submitting a completed Change in Service Form (CHFORM) to the Central Office via fax, email, or by mail. Change or cancellation is not processed at truck locations or by phone. Use of service that contradicts changes from an executed CHFORM is charged accordingly. (Mail your CHForm to info@bondedboutique.com)
REFUND POLICY
If you are not satisfied you may cancel during the first 30 days (Trial Period) for a prorated credit or refund, less a $20 cancellation fee. Prorating begins the date a completed Change in Service Form (CHForm info@ bondedboutique.com) is received in the Central Office via fax, mail or email. The Trial Period begins when service is requested or classes start. Students are not refunded for under-usage of services from prior weeks. No refunds are issued after the Trial Period, but Subscription Package laundry payments may convert to dry cleaning credits. No refunds are given for unused preload balances. If a customer cancels service on or before start date and has not received a bag, a full refund is issued.
INDEMNIFICATION
By accepting these User Terms and using the Application or Service, you agree that you shall defend, indemnify and hold Bonded, 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.
LIABILITY
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. Bonded 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.
Bonded 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 willful misconduct or from gross negligence on the part of Bonded.
Bonded 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.
User understands that there is inherent risk in Cleaning and there is potential for clothing and related items to get lost or damaged. Bonded will do its best to ensure situations like this do not happen, and in the instances they do happen, will work with the User to rectify the situation. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, Bonded’s aggregate liability shall in no event exceed an amount of $500 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.
GRANT OF LICENSE
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.
Bonded grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Services, solely for your own personal purposes, subject to the terms and condition of this Agreement. All rights not expressly granted herein are reserved by Bonded.
IP OWNERSHIP
Bonded alone shall own all rights, title and interest evidenced by, embodied in, and/or attached/connected/related to the Services, including, but not limited to, all related Intellectual Property Rights in and to the Services, the Content, Bonded and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services.
You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, make commercial use, 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 Bonded. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bonded or its licensors, except for the licenses and rights expressly granted in these User Terms. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of Bonded's trademarks, service marks and logos. You must avoid any action or omission which may dilute, or tarnish Bonded’s goodwill.
You agree to abide by all messages and signs pertaining to proprietary rights, such as – Copyright mark [©] or Trademark [® or ™] accompanying the Content. You agree to retain and avoid distorting such signs and notices in any copy thereof.
We do not claim ownership over content, such as text and images that you upload through the services. However, when you do so, you represent and warrant that you are the rightful owner of all rights to that content or that you are licensed by the rightful owners to post and use such content on the Internet through the Services, in accordance with these terms.
This Agreement does not convey to you any ownership interest in or to the Services, but only a limited and revocable right of use in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of Bonded's Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Services, or any part thereof, by others.
RESTRICTIONS
You represent and warrant that you are at least eighteen (18) years of age. You may not: (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Services or make them available to any third party in any way; (ii) display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, reverse engineer or combine any of the Services with other software or services; (iii) interfere in any manner with the functionality of the Services or use the Services in any way that breaches any code of conduct, policy or other notice applicable to the Services; or (iv) copy any ideas, features, functions or graphics of the Services or any Content; (v) use the Services for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements, or any unsolicited bulk e-mail or unsolicited commercial e-mail or any activities that violate anti-spamming laws and regulations; (vi) modify, alter and create derivative works of the Software, or any part of the Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than expressly permitted in this Agreement, (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Services, whether of Bonded or any other third parties; (viii) otherwise use the Services not in compliance with the terms of this license.
RESPONSIBILITIES AND ACCEPTABLE USE OF THE SERVICES
You are responsible for all of the acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf. You will abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You will generally, comply with any instructions concerning access to and/or use of the Services that Bonded may offer from time to time;
You specifically agree not to, in any way: (i) access (or attempt to access) the Service by any unauthorized or automated means, other than through the interface that is provided by Bonded; (ii) breach this Agreement or any other applicable rules and instructions that we may convey with respect to the use of the Services; (iii) interfere with or disrupt the integrity or damage the performance of the Services or any other computer system or network or circumvent or manipulate the operation, or functionality of the Services, including any hosting services provided by third parties to facilitate the Services; (iv) engage with any activities that violate anti-spamming laws and regulation, including the CAN SPAM Act of 2003; (v) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, in any of the Services; (vi) use robots, crawlers and similar applications to collect and compile Content from the Services, for the purposes of competing with the Services, or in such ways that might impair or disrupt the Services' functionality; (vii) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; (viii) collect or process personal information of the Services' users without their explicit consent; (ix) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, except as expressly permitted and in designated zones only; (x) export illegally any controlled or restricted items, including software, algorithms, or other data that is subject to export laws; (xi) engage with any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography; (xii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Services; or (xiii) interfering with the proper functioning of any System, including deliberate attempt to overload a system by mail bombing, or flooding techniques;
Should Bonded become aware that you have violated above, Bonded shall be entitled, at its own discretion, to remove the content in violation immediately, terminate your user account under section 13 below and/or notify the relevant authorities.
REGISTRATION AND USER ACCOUNT
Downloading the Software and registration with the Services is free of charge. However, use of the Services are paid services, according to the charges posted by Bonded. If you fail to settle your fees to our satisfaction, then your account shall be terminated. When you register with the Services we will ask you to provide us with certain contact and personal details. If you wish to purchase any of Bonded's Services, we will ask you to provide us also with your payment details. Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair our ability to provide you with the Services and to contact you. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite personal information in these fields, you will not be able to register with the Services. Our use of your Personal Data is subject to Bonded's Privacy Policy, as set below.
To login, you must use your email address and password you entered on the registration process. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing other certain services of Bonded.
You agree to maintain your password in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months. You are fully accountable for any outcome resulting from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account as a result of conveying your details to someone else.
TEXT MESSAGING AND TELEPHONE CALLS
You agree that Bonded may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Bonded account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Bonded at any time by contacting Bonded. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
PRIVACY AND SECURITY
Bonded respects your privacy. The use of any Services shall at all times be subject to Bonded's Privacy Policy which constitutes an integral part of this Agreement. The Privacy Policy is available at below. Bonded reserves the right to modify the Privacy Policy in its discretion from time to time. Therefore it is recommended that you read it periodically. Continued use of the Services after any such changes shall constitute your consent to such changes.
Bonded and third parties on its behalf implement information security systems and procedures to secure your personal information and to prevent unauthorized access to your account on the Services and any information routed through or stored on Bonded's server computers. To learn more about how Bonded secures your personal Information, please see Bonded's Privacy Policy as well.
CHARGES AND PAYMENT OF FEES
You shall pay any and all applicable fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Payments shall be made in accordance with the terms and conditions set forth by Bonded, or as otherwise mutually agreed upon. You are responsible for paying any then, generally applicable fees or charges during the applicable billing period. Bonded reserves the right to modify its fees and charges and to introduce new charges at any time, [upon at least 30 days prior notice to you.] All payment obligations are non-cancelable and all amounts paid are non-refundable. You are responsible for paying for all licenses ordered, whether or not such licenses are actively used.
BILLING AND PAYMENT
Bonded may charge and collect fees for use of the Services in accordance with its then in effect billing practices and procedures upon your use of the Services. Bonded's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Bonded's net income.
You agree to provide Bonded with complete and accurate billing and contact information as shall be requested by Bonded. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Bonded reserves the right to terminate your access to the Service in addition to any other legal remedies. If you believe your bill is incorrect, you must contact Bonded [in writing within 30 days of the invoice date] of the invoice containing the amount in question to be eligible to receive an adjustment or credit.
AVAILABILITY AND INTERNET DELAYS
The availability and functionality of the Services depend on various factors and elements, including software, hardware and communication networks, and partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Services will operate without disruption, limitations, delays, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.
TERM AND TERMINATION
Bonded may terminate this Agreement, or terminate or suspend your access to the Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Services will immediately cease. You may discontinue your use of the Service for any reason and at any time. You may remove the configuration of the Service from your mobile phone. You may also cancel your user account by contacting us at. Your account on Bonded shall be removed expeditiously. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the termination of the Services. Any breach of your payment obligations, unauthorized use of the Service or other failure by you to comply with the terms of this Agreement will be deemed a material breach of this Agreement and will entitle Bonded, without derogating from any other remedies available to it, to immediately suspend or terminate this Agreement with no liability or refund to you.
DISCLAIMER OF WARRANTIES
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BONDED (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, BONDED AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, THE BONDED TOOLS OR ANY CONTENT. BONDED (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR THE BONDED TOOLS WILL BE TIMELY, UNINTERRUPTED, UNSUSPENDED FOR UNSCHEDULED DOWNTIME OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (F) THAT THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF BONDED OR THE SERVERS' OPERATORS' REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) THAT YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH BONDED'S SOFTWARE AND SERVICES, OR (H) ANY ACTIONS RESULTING FROM THE ACTIONS OR OMISSIONS OF ANY DRY CLEANING SERVICE PROVIDERS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BONDED'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR THE BILLING PERIOD DURING WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. IN NO EVENT SHALL BONDED BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF BONDED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTICE
Bonded may give you notice by means of a general notice on the Services or by electronic mail to your e-mail address on record in Bonded's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. [You may give notice to Bonded (such notice shall be deemed given when received by Bonded) at any time via Bonded contact details as appear at Bonded official Website, addressed to the attention of: Bonded Support.
MODIFICATION TO TERMS
Bonded reserve the right to modify the terms and conditions of this Agreement or its policies relating to the Services at any time. Substantial changes will take effect 30 days after Bonded [has posted an initial notification on the Website homepage or any other relevant web pages on the Website, with respect to such changes]. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Agreement to comply with legal requirements. In such cases the amendments will become effective immediately upon their initial posting, or as required.
You agree to be bound by any of the changes made in these terms of the Agreement, including changes to any and all documents, forms and policies incorporated thereto. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Services. The date at the bottom of this Agreement indicates the last date that the Agreement was updated. We advise you to periodically read the terms of this Agreement, as they may change from time to time.
MISCELLANEOUS
This Agreement shall be exclusively governed by the laws of the State of Pennsylvania, without regard to the choice or conflicts of law provisions thereof, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the federal or state courts located in the city of Philadelphia, Pennsylvania. You agree to resolve any dispute or claim that you may have against Bonded and to submit to personal jurisdiction in the exclusive jurisdiction of federal or state courts located in Philadelphia, Pennsylvania. This Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement or use of the Services. The failure of Bonded to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bonded in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. "Including", whether capitalized or not, means without limitation. This Agreement may not be assigned by you without the prior written approval of Bonded and any assignment without such prior written consent shall be void.
CHANGES IN OWNERSHIP
We may transfer ownerships rights and title in the Services, to any affiliated or unaffiliated third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that your rights according to this Agreement are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the person or entity receiving the rights in the Services and you hereby give your prior consent thereto.
SURVIVAL
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, shall survive the termination, or expiration of the Agreement.
DEFINITIONS
Definitions as used in this Agreement and in any Subscription Orders now or hereafter associated herewith:
"Agreement" means these online terms of use and terms of subscription and license of the Software and Services, whether written or submitted online, and any materials [available www.bondedcleaner.com] specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Bonded from time to time in its sole discretion;
"Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Services;
"Intellectual Property Right means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith;
"Bonded Technology" means all of Bonded’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Bonded in providing the Services;
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 Bonded's control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Bonded is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit or access these websites entirely at your own risk. Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.
TERM AND TERMINATION OF THE CONTRACT
The Contract between Bonded and you is concluded for an indefinite period.
Last Updated: April 14, 2017
