WASH WAGON LTD. TERMS OF USE
LAST UPDATED: 2024-08-10
These Terms of Use form a legally binding contract between WASH WAGON LTD. ("we" or "us") and the people and companies (“Users” or “you”) that access and use our website located at washwagon.ca, our mobile application ("App"), or any related website or platform controlled by us (collectively, the "Website"). These Terms of Use apply to all services provided through our Website and App, and all content, services, and products available at or through these platforms.
It is very important that you read and fully understand these Terms of Use before using our services. By agreeing to these Terms of Use and using our Website and App, you are entering into a legally binding contract which will impact your rights.
By accessing any part of the Website or App, you agree to be bound by these Terms of Use and confirm that you have read and fully understood them. If you do not agree to or understand all of these Terms of Use, then you may not access the Website or App or use any services available through these platforms.
These Terms of Use should be read in conjunction with our Privacy Policy and any other rules, guidelines, or policies posted on the Website and App.
1. SERVICES AVAILABLE ON THE WEBSITE AND APP
WASH WAGON LTD. provides an interactive online platform accessible via our Website and App, offering the following services: Laundry Pickup and Delivery, allowing Users to schedule the pickup of their laundry, monitor the progress of their orders, and arrange for the delivery of their cleaned items through both the Website and the App. Order Tracking is available for Users to track the status of their laundry throughout the cleaning process and to track the driver when they are on the way for delivery. Customer Support and Communication are provided through the Website and App, offering channels for communication between us and our users to assist with inquiries, support, and feedback. Informational Resources are available to Users, offering detailed information about our laundry services, including pricing, special offers, and operational guidelines, on both the Website and the App. Secure Payment Processing is facilitated through the Website and App with appropriate security measures to protect user data.
Our services are dynamic and subject to change. We commit to providing timely updates of any significant modifications to our services across both platforms. It is your responsibility to review the offerings on the Website and App regularly to ensure they continue to meet your needs.
2. PAYMENT TERMS
All payments for services must be made in advance through the Wash Wagon app or online before the delivery of cleaned items. This ensures a secure and efficient transaction experience for all customers.
Payment Methods: We accept all major credit and debit cards. Customers must have a valid card saved on file to use our services.
Rebilling for Failed Payments: In the event of a failed payment, we will automatically attempt to rebill your saved payment method. Please ensure your payment details are up to date in our system to avoid any disruptions in service.
Late Payment Charges: If payment is not received by the due date, a 3% monthly interest rate will be applied to the outstanding balance. This encourages timely payments and helps us maintain the high quality and availability of our services.
Collection of Unpaid Invoices: Unpaid invoices may be forwarded to a collection agency. We strongly urge timely payments to avoid unnecessary complications and potential additional charges.
3. EXCLUSIVE FIRST ORDER PROMOTION
New customers are eligible for a complimentary first order of up to 30 lbs of laundry. If the order exceeds 30 lbs, the customer will be billed for the excess weight at the standard rate of $1.50/LB. This promotion does not cover the delivery fee, express service fee, or any specialty cleaning services, including but not limited to coveralls, dog beds, and comforters. To redeem this offer, customers must have a valid card saved on file. Wash Wagon reserves the right to modify or terminate this promotion at any time without prior notice.
4. CANCELLATION AND RESCHEDULING POLICY
Cancellations or rescheduling of services must be made at least 2 hours before the scheduled pickup or delivery time. Cancellations or changes made within 2 hours of the scheduled service may incur a $20 fee. This policy helps us manage our resources effectively and maintain high-quality service for all customers.
5. REFUND AND REWASHING POLICY
Refunds or rewashing requests under our satisfaction guarantee are available in cases of service errors or failures. To request a refund or rewash, customers must notify us within 48 hours of delivery. Please contact our customer service team to initiate a request.
6. MINIMUM ORDER REQUIREMENT
A minimum order weight of 20 lbs applies to all wash and fold services. Orders below this weight will be billed as 20 lbs. Additionally, there is a general minimum charge of $30 for all services.
7. CUSTOMER RESPONSIBILITY
Customers are responsible for ensuring all items sent for cleaning are appropriate for laundering. Wash Wagon is not liable for damage to items that require special care or were not disclosed at the time of pickup.
8. DELIVERY FEES
Standard delivery fees apply based on your location. The fee is $7.99 for in-town deliveries, $40.00 to Cartier, $14.99 to Dowling, and $9.99 to Chelmsford. Please note that these fees are subject to change and will be calculated during the order process based on your delivery address.
9. RESPONSIBLE USE OF SERVICES
By using Wash Wagon, you agree to respect our policies and use our services legally and responsibly. This ensures a positive experience for all customers.
10. OWNERSHIP OF YOUR FILES
When you upload documents or data (including any images or text), WASH WAGON LTD. does not review or pre-screen the contents of electronic data uploaded or posted to the Website (“Content”) and claims no intellectual property rights with respect to the Content. However, by posting, uploading, inputting, or submitting any Content whatsoever to the Website, you grant WASH WAGON LTD. an irrevocable, royalty-free license to use the Content for any purpose related to the use and promotion of its business and the Website, including the right to copy, distribute, edit, and publicly display such content with or without attribution.
11. REFUND, EXCHANGE, AND SHIPPING POLICIES
Our current policies on refunds, exchanges, and responsibility for lost, broken, or stolen products are posted on the Website.
12. YOUR ACCOUNT
To fully use the Website and App, you will be required to create an account. Information submitted by you in order to create an account will be subject to our Privacy Policy, which is available for review on the Website, and which you are required to approve before creating an account. The Privacy Policy also dictates how to terminate your account and how you can have your personal identifying information deleted from our servers. The terms governing the features and capabilities of your account and the related fees can be found on the Website.
13. TERMINATION
You may cancel and terminate your Account at any time in accordance with the terms and policies posted on the Website. If at the date of termination of your Account, there are any outstanding payments owing by you to us, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
14. LIMITATION OF LIABILITY
Except in a case where we are in violation of these Terms of Use, we will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Website. Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Website will be uninterrupted, secure, or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages. In the event the foregoing paragraph, or any part thereof, is void under applicable law, this paragraph, or such part thereof, shall be inapplicable.
15. INDEMNIFICATION
You agree to indemnify and hold harmless WASH WAGON LTD., including our officers, directors, shareholders, employees, and agents, from and against any and all claims and expenses, including legal fees and disbursements, which are made against us and arise out of your use of the Website, including but not limited to your violation of any term of these Terms of Use or any other policy posted on the Website.
16. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Website are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security. We will investigate any breach of security on the Website that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however arising.
17. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Website.
18. COMPLIANCE WITH LAWS
You represent and warrant that: You have the authority to bind yourself to these Terms of Use; Your use of the Website will be solely for purposes that are permitted by these Terms of Use; Your use of the Website will not infringe or misappropriate the confidentiality or intellectual property rights of any User or third party; and Your use of the Website will comply with all local, provincial, and federal laws, rules, and regulations, and with all policies posted on the Website.
You must only use the Website for your own lawful purposes, in accordance with these Terms of Use and any notice, policy, or condition posted on the Website. You may use the Website on behalf of others or in order to provide services to others, but if you do so you must ensure that you are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all these Terms of Use.
AGE RESTRICTIONS
Users Must be Over the Age of 18. You represent and confirm that you are over the age of 18. We do not target, market, or promote the Website to those under 18. We do not permit any User under the age of 18 to use the Website.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use and any access to or use of the Website shall be governed by, and construed in accordance with, the laws in force in the Province of Ontario.
If any claim, dispute, or controversy occurs between WASH WAGON LTD. and a User relating to the interpretation or implementation of any of the provisions of these Terms of Use, such dispute shall be resolved by private, confidential, and binding arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement of the parties or, in the absence of an agreement, such arbitrator shall be appointed by a judge upon the application of either the User or WASH WAGON LTD. Arbitration shall be held in the Province of Ontario unless otherwise agreed by the parties. The arbitration procedure to be followed shall be agreed by the parties or, in the absence of an agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the Arbitration Act, 1991, SO 1991, c 17. Subject to any right of appeal, the decision arrived at by the arbitrator shall be final and binding. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
WAIVER OF CLASS ACTION
By using the Website, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against WASH WAGON LTD. or its affiliates related to any claim, dispute, or controversy arising from your use of the Website. Where applicable, you hereby agree to opt out of any class proceeding against WASH WAGON LTD. otherwise commenced. The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
GENERAL TERMS
a. AMENDING THESE TERMS OF USE: These Terms of Use may be updated and amended from time to time. We reserve the right to change these Terms of Use at any time, and any amended Terms of Use are effective upon posting to the Website. We will make efforts to communicate any changes to these Terms of Use we deem material, in our sole discretion, via email or notifications on the Website. Your continued use of the Website will be deemed to be immediate and unconditional acceptance of any amended Terms of Use, whether or not we deemed the amendments to be material.
b. ASSIGNMENT: We may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without your consent and without prior notice to you. Users may not assign or delegate any rights or obligations under these Terms of Use without our prior written consent, and any unauthorized assignment and delegation is void.
c. NO WAIVER: No waiver of a provision, right, or remedy of these Terms of Use shall operate as a waiver of any other provision, right, or remedy or the same provision, right, or remedy on a future occasion.
d. NO AGENCY: The parties to these Terms of Use are independent contractors and are not partners or agents. WASH WAGON LTD. has no fiduciary obligations or professional obligations whatsoever to you arising from these Terms of Use or your use of the Website.
e. SEVERABILITY: In the event that any provision or part of these Terms of Use is found to be void or invalid by a court of law, the remaining provisions or parts thereof shall be and remain in full force and effect.
f. ENTIRE AGREEMENT: These Terms of Use, in conjunction with all policies and guidelines available on the Website (including but not limited to the Privacy Policy), constitute the entire agreement between you and WASH WAGON LTD. and supersede all prior communications, agreements, and understandings, written or oral, with respect to the subject matter of these Terms of Use.
QUESTIONS ON THESE TERMS OF USE
We welcome you to contact us with any questions on these Terms of Use. You can send your questions regarding these Terms of Use to the following email address: info@washwagon.ca.
