Magic Basket – Terms of Service
Last Updated: October 1, 2018
<strong><em>PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS</em></strong>
<li><strong> Contractual Relationship</strong></li>
The terms and conditions (“Agreement”) apply to Magic Basket’s (“MB”) website (magicbasketlaundry.com), the related mobile application and/or selected other domains, existing or future, content, products and services (collectively, the “Services”). As used in this Agreement, “MB,” “we,” “us,” or “our” shall mean Magic Basket.
<strong><u>If you do not agree with this Agreement please do not access or use our Services. </u></strong>
As a condition to this Agreement you acknowledge that we may, in our sole discretion modify this Agreement at any time. All modifications will be effective immediately upon posting. If you continue to use the service after the posting of any and all modifications constitutes your consent to the changes. You are responsible to review this Agreement from time to time so that you are aware of any and all changes to the Agreement.
<li><strong> The Services</strong></li>
MB is a weekly and/or on-demand laundry service that enables users to schedule the delivery using the MB website and/or mobile applications (collectively, the “Applications”). After scheduling service using the Application, MB or a third party, which is an independent contractor working with MB will clean the clothing.
Ownership, Service Terms and Limitations
Proprietary Rights. The Services, including but not limited to, the text, content, photographs, images, audio, graphics, and any software (which includes any files or images incorporated in or generated by the software) available on the Services are owned and operated by MB.
The Services and related materials (“Materials”) are protected by copyright, trademark, domain name, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks and trade names are owned by MB.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Services only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Services. You agree not to use any MB logo or any other proprietary graphic or trademark without MB’s express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Services, and any copies or portions thereof, shall remain in MB and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
Grant of Limited License
Subject to your compliance with the terms of the Agreement, MB grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by MB and MB’s licensors.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of MB or such other party as may own the proprietary rights.
<li><strong> Use of Services</strong></li>
User Requirements and Conduct
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 13 years of age to obtain an Account. Account registration requires you to submit to MB certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account, review the fees to be charged for your use of the Services; and authorize MB and its affiliates to charge your Credit Card for any and all Fees incurred by you for your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or MB termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by MB in writing, you may only possess one Account per household.
The Service is not available for use by persons under the age of 13. You may not authorize third parties to use your Account, and you may not allow persons under the age of 13 to use the Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances MB or a Third Party Contractor may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
You represent and warrant to MB that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to you notifying MB in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the Terms of Service set forth herein; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or Site.
User Restrictions and Promotional Offers and Special Offers
You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of MB and/or the copyright owner; or (ii) submit content or information that is purposely inaccurate, commits fraud or falsifies information in connection with your Account or to create multiple Accounts. MB may, in our sole discretion, create promotional codes that may be redeemed for Service credit or other features or benefits, subject to the terms that MB may establish on a per promotional basis. You agree that promotional codes (i) must be used for the intended audience and purpose, (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public, unless explicitly approved by MB in writing (iii) exceed or attempt to exceed quantity limits when purchasing offerings or promotions or otherwise using any Account to purchase offerings or promotions for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by the terms of this Agreement and the terms of a specific offer on the Services. All promotional codes (i) may be disabled by MB at any time for any reason without liability to Magic Basket; (ii) are not valid for cash; and (iii) may expire prior to your use.
MB reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promotional offer by you or any other user in the event that MB determines or believes that the use or redemption of the promotion offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. MB shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud or known or potential violations of the law or terms of this Agreement.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from MB at any time by sending a request to firstname.lastname@example.org. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Minimum Charge Per Order
MB charges a minimum order price and it is disclosed on MB price list. The minimum order amount may change from time to time.
<strong>Damaged or Lost Items</strong>
MB follows the standards and policies set forth by the Fabricare Industry and the International Fabricare Institute. We exercise utmost care in cleaning and processing garments entrusted to us and use such processes, which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, shrinkage, or against damage to weak and tender fabrics.
Although, we try as hard as possible to track such items, we are not responsible for loose items in pockets or bundles of garments (i.e. jewelry, watches, cash). We request that customers empty pockets prior to putting laundry out for pickup as we can not be held responsible for damage to your garments from items left in pockets (lipstick, gum, pens, etc.). MB liability with respect to any damaged items shall not exceed ten (10) times our charge for cleaning that garment regardless of brand or condition.
MB will not be responsible for any reparation beyond $100.00, even if the order costs over $10.00 to process. Any single item will not be valued beyond $25.00 for reimbursement.
Please report any missing items from your order to email@example.com within 24 hours of delivery. MB is not responsible for any missing items reported after this time.
Pick-Up and Delivery
Our goal is to provide a convenient and frictionless service to our customers and are willing to leave orders wherever the customer dictates. However, MB is not responsible for any items if the order was not personally received and personally delivered to and from a MB employee. MB is not responsible for missing items from orders that are picked up or dropped off in an unsecured or unattended location.
We may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to MB an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in MB’s sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to MB’s disclosure of any information related to your use of the Services in any capacity in connection with MB’s display of your User Content on the Services. You also agree to indemnify and hold MB harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. MB and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.
By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. MB reserve the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. MB will also cooperate with local, state and/or federal authorities to comply with applicable law.
No Unlawful or Prohibited Use / Monitoring of Services
By using and accessing the Services, you agree that you will not use the Services for any unlawful purpose or engage in any use prohibited by this Agreement. You further agree that you will not use the Services in any manner that could damage, disable, overburden or impair any MB server, or the network(s) connected to any MB server, or interfere with any other party’s use and enjoyment of the Services. You may not attempt, through any means, to gain unauthorized access to any part of the Services, other account, computer system or network connected to any MB server. MB reserves the right, in its sole discretion, to monitor any and all use of the Services.Violators of the Agreement
MB reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the full service obtained through your use of the Service and Applications, MB will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by MB. Any request for lower Charges or disagreement with the Charges should be addressed to MB by contacting firstname.lastname@example.org.
We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in our sole discretion.
MB may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
<li><strong> DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY</strong></li>
THE MATERIALS AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES DISCLAIM WITH RESPECT TO THE SERVICES AND THE MATERIALS HEREIN ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT IS STILL THE USER RESPOSIBILITY TO CAREFUL READ AND INSPECT ANY SERVICE OR PRODUCT YOU PURCHASE THROUGH OUR APPLICATIONS UPON YOUR RECEIPT TO DETERMINE SAEFTY AND APPRORPIATENESS FOR YOUR CONSUMPTION OR USE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND/OR THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU (AND NOT MB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall MB or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if MB or an authorized representative has been advised of the possibility of such damages. In no event shall MB have any liability for any damages, losses and other causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services.
These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement.
USE OF LINKS
The Services may contain links to other websites and services, which are developed, sponsored and/or maintained by third parties.
We do not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, MB is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. We make no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. We reserve the right to discontinue links to any other website at any time and for any reason.
You agree to indemnify and hold MB and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) MB’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors.
<li><strong> MISCELLANEOUS GOVERNING LAW</strong></li>
You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of CT, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Services, shall be submitted exclusively to the jurisdiction of the State or federal courts located in the County and State of CT. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. Any waiver by MB of any provision of this Agreement must be in writing.
MB may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to MB, with such notice deemed given when received by MB, at any time by first class mail or pre-paid post to 117 Boston Post Rd Suite F, Waterford, CT 06385.
You may not assign these Terms without MB’s prior written approval. MB may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of MB equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, MB or any Third Party Contractor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure 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 MB in writing.