INTRODUCTION AND KEY CONCEPTS
This agreement governs your use of the Launda app available via our website located at
www.launda.com.au or through the Apple App Store and Google Play Store
(Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, LAUNDA PTY LTD ABN 54 651 362 766
(Launda, we, our, or us).
The remainder of this agreement is divided into three parts:
- Part A (All Users), which sets out terms that apply to all Users;
- Part B (Launda Service Providers), which sets out additional terms that apply to Launda Service Providers, being independent contractors wishing to provide laundry services to other users of the Platform; and
- Part C (Customers), which sets out additional terms that apply to Customers, being people seeking to receive laundry services via the Platform.
If you intend to use the Platform as a Launda Service Provider, only Parts A and Part B terms will apply to you.
If you intend to use the Platform as a Customer, only Parts A and C of these terms will apply to you. When we talk about the “Services” in this agreement, we are referring to our mobile applications available on the Apple App Store and the Google Play Store, and any associated services we offer.
When we talk about “Service Requests” in this agreement, we are referring to posts by Customers on the platform requesting the provision of laundry services.
When we talk about “Service Offers” in this agreement, we are referring to Launda Service Providers’ responses to a Service Request on the Platform.
A contract between a Customer and a Launda Service Provider is formed when a customer accepts a Service Offer from a Launda Service Provider in response to that Customer’s Service Request.
If you access or download our mobile application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.
We may use Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
Part A ALL USERS
1. ELIGIBILITY
- This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform. - Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
- If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
- You must have geo-location capabilities turned on for the device you will use to access the Platform and that you will provide the Platform the relevant permissions to access your geo-location services on your device.
2. ACCOUNTS
- In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
- As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by Launda from time to time.
- You warrant that any information you give to Launda in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
- You may register for an Account using your Google+, Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
- Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
- Once you complete the Account registration process, Launda may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
- Launda reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
- Launda may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you agree:
- not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment
- to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Launda of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
- to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity(including requesting or accepting a job which includes illegal activities or purposes); and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved inwriting by Launda
- not to act in any way that may harm the reputation of Launda or associated or interested parties or do anything at all contrary to the interests of Launda or the Platform
- not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Launda
- that Launda may change any features of the Platform or Services offered through the Platform at any time without notice to you
- that information given to you through the Platform, by Launda or another User including a Launda Service Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
- that Launda may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.
4 POSTED MATERIALS
4.1 WARRANTIES
By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:
- you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
- the Posted Material is accurate and true at the time it is provided;
- any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
- the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
- the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
- the Posted Material does not breach or infringe any applicable laws.
4.2 LICENCE
- You grant to Launda a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Launda to use, exploit or otherwise enjoy the benefit of such Posted Material.
- If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Launda from any and all claims that you could assert against Launda by virtue of any such moral rights.
- You indemnify Launda against all damages, losses, costs and expenses incurred by Launda arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.
4.3 REMOVAL
- Launda acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Launda may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
- You agree that you are responsible for keeping and maintaining records of Posted Material.
5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
Launda will have no liability or obligation to you if:
- a Customer or Launda Service Provider cancels at any time after the time for performance of the Service Offer is agreed; or
- for whatever reason, including technical faults, the services in a Service Offer cannot beperformed or completed,and you will not be entitled to any compensation from Launda.
6 IDENTITY VERIFICATION
- (Verification) We may offer or require Users to verify their details (including, address, age or driving licence details) using our processes or an external identity verification service as applicable (Verification Service).
- (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 17. Where a Verification Service is used, you acknowledge and agree that:
(i) we may contact and share your personal information with a Verification Service to verify your details;
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
- (Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
- (Warranty and Indemnity) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
(ii) you should make your own inquiries as to other Users’ identities before engaging in contracts with those Users; and
(iii) we do not endorse any User, Service Offer or Verification Service.
7. RATINGS AND REVIEWS
- Users may rate a Service Offer (Rating) and/or may provide feedback to other Users regarding the services they received from or provided to them (Review).
- Users must only provide true, fair and accurate information in their Reviews.
- If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant User from posting further Reviews. We do not undertake to review each Review made by a User.
- To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
- You may not publish Reviews of Launda Service Providers to whom you have a personal or professional relationship (separately from the Platform).
- You may only write a Review about a Launda Service Provider if you have had a buying or service experience with that Launda Service Provider, which means that:
(i) you have purchased a product or service from that Launda Service Provider via the Platform; or
(ii) you have placed an order with the Launda Service Provider via the Platform; or
(iii) you can otherwise document your use of the Launda Service Provider’s service, including via correspondence or other interaction with the Launda Service Provider via the Platform, (collectively referred to as a Service Experience).
- You may only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
- You may not write a Review about a Launda Service Provider you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Launda Service Provider, or work for the Launda Service Provider. Similarly, you may not write a Review about a direct competitor to the Launda Service Provider you own, are employed by or work for.
- Your Service Experience must have occurred within the last 12 months when you submit a Review.
- You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about them.
- We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
- Users’ Ratings and Reviews can be viewed by any User and will remain viewable until the relevant User’s Account is removed or terminated.
8. ONLINE PAYMENT PARTNER
- We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect payments on the Platform, including for our Services.
- The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
- You agree to release Launda and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.
- We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
9. SERVICE LIMITATIONS
The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Launda cannot and does not represent, warrant or guarantee that:
- the Platform will be free from errors or defects;
- the Platform will be accessible at all times;
- messages sent through the Platform will be delivered promptly, or delivered at all;
- information you receive or supply through the Platform will be secure or confidential; or
- any information provided through the Platform is accurate or true.
10. INTELLECTUAL PROPERTY
- Launda retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
- You may make a temporary electronic copy of all or part of the Service Content for the sole purpose of viewing it and adapting it for the purpose of using the Service. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from Launda or as permitted by law.
- In this clause 10, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
11. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). Launda accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
12. THIRD PARTY TERMS
- Any service that requires Launda to acquire goods and services supplied by a third party on behalf of the Customer (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund ’policies.
- Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Launda to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.
13. DISPUTES BETWEEN USERS
- You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
- If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Launda via customerservice@launda.com
- Launda will appoint the Dry Cleaning Institute of Australia as an independent mediator or arbitrator, if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
- Any costs you incur in relation to a complaint or dispute will be your responsibility.
- Launda reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
- If you have a dispute with Launda, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
- Not with standing any other provision of this clause 13, you or Launda may at any time cancel your Account or discontinue your use of the Platform.
14. SECURITY
Launda does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
15. DISCLAIMER
- (Introduction service) Launda is a medium that facilitates the introduction of Customers and Launda Service Providers for the purposes of connecting people seeking laundry services with laundry services providers. Launda simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Customers and Launda Service Providers in relation to such services or otherwise resulting from the introduction.
- (Relationship) The relationship of the parties to this agreement is that of independent contractors. Nothing in this agreement creates an agency or an employment relationship between any of the parties.
- (Limitation of liability) To the maximum extent permitted by applicable law, Launda excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Launda Service Provider. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
- (Consumer law) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth)(ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
- (Indemnity) You agree to indemnify Launda and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will Launda be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Launda Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010(Cth)).
16. CONFIDENTIALITY
You agree that:
- no information owned by Launda, including system operations, procedures, guides, manual, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
- all communications involving the details of other users on this Platform and of the Launda Service Provider are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
17. PRIVACY
You agree to be bound by the clauses outlined in Launda’s Privacy Policy, which can be accessed here www.launda.com.au
18. COLLECTION NOTICE
- We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.
- Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
19. NOTICE REGARDING APPLE
If you are accessing the Services from the Apple, Inc. (Apple) App Store, you acknowledge and agree:
- this agreement is between you and Launda and not with Apple. Apple is not responsible for the Services or any content available on the Services;
- Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
- in the event of any failure of Launda to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be Launda’s responsibility;
- Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
- in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
- that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of this agreement when using the Services; and
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.
20. TERMINATION
- Launda reserves the right to terminate a User’s access to any or all of the Platform(including any listings, memberships or Accounts) at any time without notice, for any reason.
- In the event that a User’s Account is terminated:
(i) the User’s access to all posting tools on the Platform will be revoked;
(ii) the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
(iii) the User may be unable to view the details of other Launda Service Providers (including contact details, geographic details and any other details), and all service listings previously posted by the respective User will also be removed from the Platform.
- Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform’s functionality, where such functionality is available. Where such functionality is not available, Launda will effect such termination within a reasonable time after receiving written notice from the User.
- Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
21. TAX
You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and Launda will not be held accountable in relation to any transactions between Customers and Launda Service Providers where tax related misconduct has occurred.
22. RECORD / AUDIT
To the extent permitted by law, Launda reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Launda.
23. NOTICES
- A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
(ii) when replied to by the other party, whichever is earlier.
24. GENERAL
24.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
24.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
24.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
24.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
24.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
24.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.7 ENTIRE AGREEMENT
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
24.8 INTERPRETATION
- (singular and plural) words in the singular includes the plural (and vice versa);
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture(whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
25. LAUNDA GARMENT PROTECTION PLAN
It’s extremely rare that items are lost or damaged. Our systems and procedures have been developed by industry experts with over 30 years’ experience.
Your laundry bags are tagged, kept together, and kept separate from other orders at all times. We wash in cold or lukewarm water and we separate dark and light colours. We dry in normal heat or hang-dry, based on your request and we use standard washers and dryers. There is no part of our laundering process that is unique to what you would do at home and that would cause damage or loss.
However, in the rare event items are lost or damaged, every order is protected under our Garment Protection Plan which covers up to $50 per item, and up to a maximum of $250 per order.
- Additional cover is available with our Premium Garment Protection Plan for an extra $5 per order, this covers up to $100 per item, and up to a maximum of $500per order.
- Plan covers used value (70% of retail purchase price).
- Plan covers only claims made within 24 hours of delivery.
- Laundry Protection Plan is payable in Launda customer credits only.
Regarding shrinkage, there are many types of clothes that shrink when laundered. This is normal and to be expected. As advertised, we only wash laundry in cold or lukewarm water and dry in normal heat. There is no part of our laundering process that is unique to what you would do at home and that would cause shrinkage. That's not to say that your clothes didn't shrink, but it's due to the construction of the clothes, the type of fabric, and the age of the garment, and other factors combined with a standard laundering process. Launda and its Service Providers do not take responsibility for items that shrink and they are not covered under our Garment Protection Plan.
Regarding holes and tears: some garments will over time incur damage as a result of the normal laundering process and regular wear and tear. This would occur regardless of where the garment was laundered and is not Launda or its Service Providers responsibility. We are not responsible for holes or tears that occur as a result of the normal laundering process.
Regarding colour bleeds: we always separate lights and darks. Colours may bleed and affect the colour of other garments. This would occur in any laundering process and is not Launda or its Service Providers responsibility and is not covered by the Garment Protection Plan.
Please Note: Credit given to the customer under the Garment Protection is not guaranteed and is under the sole discretion of Launda.
Our friendly customer support team are also on hand to help with queries or concerns.
Part B
LAUNDA SERVICE PROVIDERS
1. ELIGIBILITY
- To be a Launda Service Provider on the Platform you must:
(i) be over 21 years old;
(ii) have a valid Australian Business Number (ABN);
(iii) unless specifically permitted otherwise by Launda in writing, own a vehicle and have a driver’s licence that entitles you to legally drive the vehicle;
(iv) have access to good quality, clean and well-maintained:
(A) washing machine;
(B) dryer;
(C) steam ironing station; and
(D) laundry space
(collectively, Equipment).
- You must verify that any Customer is over 18 years old or has their parent or guardian’s consent to use the Platform.
- You must provide Launda details of your Equipment at the time of registering your account and from time to time, on request.
2. QUALIFICATIONS AND CLEARANCES
- If in any of your Service Offers or anywhere on your Account you hold yourself out to possess certain qualifications (Qualifications), you warrant to Launda that you do hold such Qualifications and if requested, will promptly provide Launda with evidence of the Qualifications.
- Without limiting clause 2(a) above, you must obtain at your own cost and maintain at all times you are a Launda Service Provider on the Platform:
(i) valid proof of working rights entitling you to work in Australia;
(ii) a valid clear police clearance certificate in the jurisdiction you are offering services in; and
(iii) a valid working with children check in the jurisdiction you are offering services in, if you provide or intend to provide services to any person under 18 years of age.
- By using the Platform, you warrant that you have not been previously convicted of a criminal offence anywhere in the world and must immediately notify Launda if this circumstance changes.
- If requested by Launda, you must promptly provide us with evidence confirming that you hold the relevant Qualifications and clearances set out in this clause.
3. SERVICE REQUESTS, SERVICE OFFERS AND PRICING
- From time to time, the Platform may, using its algorithm, direct to you requests for services that have been submitted to the Platform by Customers (Service Requests).The Platform will generally direct you to Service Requests that are related to your geographic area, though Launda does not guarantee this.
- Service Requests will specify the following information about a job:
(i) the weight of a load subject to the services you are providing;
(ii) any special services that the Customer is requesting such as ironing, soaking, stain removal and handwashing (Special Services);
(iii) the number of items in respect of which the Special Services are to be performed; and12
(iv) any other special requests in relation to the services and/or clothes that are the subject of the services listed by the Customer,
(collectively, Service Request Items).
- When the Platform directs you to a Service Request, you will be able to view details of the specific services requested. You may then respond to the Customer accepting or rejecting the Service Request (each such response a Service Offer).
- The Platform will recommend a price for your Service Offer based on the Service Request Items (Recommended Price) and you can either accept the Recommended Price or offer a different price to the Customer when sending your Service Offer (each a Quoted Amount).
- The Recommended Price will be based on a 5 kilogram standard load (Standard Load) and any Special Services requested by the Customer. You must not charge less than the Recommended Price for any Standard Load.
- Upon picking up the Service Request load from the Customer you will need to check that the Service Request Items correspond to those listed in the Service Request. If the Service Request Items are greater in weight, number or volume than those specified in the Service Request you will be able to:(i) if the variance in the Service Request Items does not increase the Quoted Amount by more than 15%, increase the Quoted Amount by up to 15% and perform the services in respect of the Service Request; and
(ii) if the variance in the Service Request Items increases the Quoted Amount by more than 15%, contact the Customer to advise them of the increase to the Quoted Amount, and:
(A) if the Customer accepts the increase, perform the services in respect of the Service Request; or
(B) if the Customer rejects the increase, perform the services in respect of the Service Request up to the original Quoted Amount only.
- Once a Customer accepts your Service Offer, a contract for the provision of services will be formed between you and the Customer at the agreed price.
- You acknowledge and agree that:
(i) any information you supply in a Service Offer must be true, timely and accurate;
(ii) you must take all reasonable steps to complete the services you agree to provide in every Service Offer that is accepted by a Customer, including by not cancelling any part of the agreed services;
(iii) you must deal with any dispute with a Customer in accordance with clause 13 the Platform of Part A;
(iv) any additional terms and conditions relating to a Service Offer, or a quote provided via the Platform, are solely between you and the relevant Customer and do not involve Launda in any way, except that they must not be inconsistent with your or the Customer’s obligations under this agreement; and
(v) Launda will have no responsibility for the accuracy, reliability or timeliness of any Service Request or a Customer’s response to a Service Offer.
4. PROVISION OF SERVICES
- You must ensure that all services specified in a Service Offer that is accepted by a Customer are provided:
(i) in accordance with all applicable laws, regulations, tax obligations and industry standards;
(ii) with due care and skill and in a professional, punctual and diligent manner;
(iii) using clean and sanitised Equipment only;
(iv) using high quality laundry products manufactured by generally well-known brands only;
(v) so that the services are fit for their intended purpose; and
(vi) on the date and at the times set out in the Service Offer.
- You acknowledge and agree that a Customer may review any Service Offer or services you provide under a Service Offer on the Platform in accordance with clause 7 of Part C of this agreement.
- If a Customer requests to reschedule the delivery time for the services listed in a Service Offer, you may choose to accept or reject such a request.
6. FEES AND PRICING
6.1 FEES
- We will charge you a percentage of the Quoted Amount that will vary depending on the value of the Quoted Amount for each Service Offer that is accepted by a Customer and whether the Customer is paying for a subscription on the Platform (Service Fee). You will be able to see the Service Fee in relation to each Service Offer before you submit a Service Offer.
- You acknowledge and agree that the Service Fee we charge will not be lower than 20% of the Recommended Price.
- After the Customer accepts a Service Offer and you have verified the Service Request Items in accordance with clause 3(b), they will be charged the Quoted Amount by our Online Payment Partner.
- The balance of the Quoted Amount minus the Service Fee (Your Fee) will be held in your Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions available here: https://stripe.com/en-au/ssa
- You:
(i) appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Customer;
(ii) agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
(iii) agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: https://stripe.com/docs/payouts
- Launda reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days’ written notice if this occurs, and upon receipt of such notice you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice.
- You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including GST) will be calculated and charged on the Quoted Amount and we will calculate the Service Fee on an amount equal to the Quoted Amount plus any taxes applicable to the Quoted Amount.
7. REFUNDS & CANCELLATIONS
- Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a service set out in an accepted Service Offer, before you have performed all the relevant services, you must contact the relevant Customer via the Platform’s functionality, including by providing details as to why you are cancelling. If Launda decides to investigate your request, you must provide assistance and information to Launda as reasonably requested.
- You must ensure that your cancellation policy and refund policy in relation to you or Customers cancelling an accepted Service Offer is in compliance with all applicable laws.
- The Service Fee is by default non-refundable for change of mind. However, Launda may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.
- You agree to honour and comply with provisions set out in this clause 7 in the event of a pricing error in a Service Offer.
8. BYPASSING
- You agree that while you are a Launda Service Provider on the Platform, and for one (1) year after you cease using the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Customer whom you came to know about, or to whom you provided services to directly or indirectly in connection with the Platform. This provision will apply whether or not the relevant Customer or their representative is still active on the Platform.
- Launda may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause.
9. BINDING CONTRACT
You agree that when you submit a Service Offer in response to a Customer’s Service Request, this constitutes your intention and offer to enter into a contract with them, where you will provide the Customer with the service as specified in the relevant Service Request, in exchange for payment of the relevant Quoted Amount. A contract is formed in this respect (between you and the Customer) when a Customer responds to an email or message on the Platform confirming that they accept your Service Offer.
10. WARRANTIES
By listing yourself as a Launda Service Provider on the Platform, posting a Service Offer or responding to a Service Request, you represent and warrant that:
- you are able to fulfil the requirements of the services specified in the Service Offer or Service Request;
- you will provide services to each Customer:
(i) using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards;
(ii) using good quality, clean and well maintained Equipment; and
(iii) in compliance with all applicable laws; and
- any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.
11. LAUNDA GARMENT PROTECTION PLAN
It’s extremely rare that items are lost or damaged. Our systems and procedures have been developed by industry experts with over 30 years’ experience.
Your laundry bags are tagged, kept together, and kept separate from other orders at all times. We wash in cold or lukewarm water and we separate dark and light colours. We dry in normal heat or hang-dry, based on your request and we use standard washers and dryers. There is no part of our laundering process that is unique to what you would do at home and that would cause damage or loss.
However, in the rare event items are lost or damaged, every order is protected under our Garment Protection Plan which covers up to $50 per item, and up to a maximum of $250 per order.
- Additional cover is available with our Premium Garment Protection Plan for an extra $5 per order, this covers up to $100 per item, and up to a maximum of $500per order.
- Plan covers used value (70% of retail purchase price).
- Plan covers only claims made within 24 hours of delivery.
- Laundry Protection Plan is payable in Launda customer credits only.
Regarding shrinkage, there are many types of clothes that shrink when laundered. This is normal and to be expected. As advertised, we only wash laundry in cold or lukewarm water and dry in normal heat. There is no part of our laundering process that is unique to what you would do at home and that would cause shrinkage. That's not to say that your clothes didn't shrink, but it's due to the construction of the clothes, the type of fabric, and the age of the garment, and other factors combined with a standard laundering process. Launda and its Service Providers do not take responsibility for items that shrink and they are not covered under our Garment Protection Plan.
Regarding holes and tears: some garments will over time incur damage as a result of the normal laundering process and regular wear and tear. This would occur regardless of where the garment was laundered and is not Launda or its Service Providers responsibility. We are not responsible for holes or tears that occur as aresult of the normal laundering process.
Regarding colour bleeds: we always separate lights and darks. Colours may bleed and affect the colour of other garments. This would occur in any laundering process and is not Launda or its Service Providers responsibility and is not covered by the Garment Protection Plan.
Please Note: Credit given to the customer under the Garment Protection is not guaranteed and is under the sole discretion of Launda.
Our friendly customer support team are also on hand to help with queries or concerns.
Part C
CUSTOMER
1 SERVICE OFFERS, SERVICE REQUESTS AND FEES
- (a) You acknowledge and agree that:
(i) if you submit a Service Request, that will constitute your offer and intention to enter into a contract with the Launda Service Provider;
(ii) each Service Request you submit must specify the following information about the services you are requesting:
(A) the estimated number of 5 kilogram machine loads (Full Load);
(B) any special instructions, such as ironing, soaking, handwashing and stain removal that you require;
(C) the number of items in respect of which the special services are to be performed; and
(D) any other special requests in relation to the services and/or clothes, (collectively, Service Request Items).
(iii) any load less than a Full Load will be charged as a Full Load;
(iv) when you accept a Service Offer from a Launda Service Provider in respect of your Service Request, a binding contract will have formed between you and the Launda Service Provider for the provision of the services listed in the Service Request;
(v) unless you are paying Subscription Fees in accordance with clause 2 and subject to clauses 1(b), for each Service Offer you accept on the Platform, the Quoted Amount will be debited from your credit card prior to the Launda Service Provider commencing their services by our Online Payment Partner and Launda will keep a Service Fee which will be calculated as a percentage of the Quoted Amount; and
(vi) any terms and conditions relating to services or a Service Offer provided via the Platform are solely between you and the relevant Launda Service Provider and do not involve Launda in any way, except that such terms and conditions must not be inconsistent with your or the Launda Service Provider’s obligations under this agreement.
- You acknowledge and agree that if the Launda Service Provider considers that the Service Request Items are greater in weight, number or volume than those specified in the Service Request they will contact you informing you of the discrepancy and:
(i) if the variance in the Service Request Items does not increase the Quoted Amount by more than 15%, the Launda Service Provider will increase the Quoted Amount by up to 15% (and you hereby agree to such an increase) and perform the services in respect of the Service Request; and
(ii) if the variance in the Service Request Items increases the Quoted Amount by more than 15%, the Launda Service Provider will seek your approval prior to increasing the Quoted Amount, and:
(A) if you accept the price increase, perform the services in respect of the Service Request; or
(B) if you reject the price increase, perform the services in respect of the Service Request up to the original Quoted Amount only.
- When you submit a Service Request on the Platform, you must:
(i) only submit requests that are bona fide and accurate; and
(ii) truthfully fill out all the information, including information requested by the Platform in relation to the Service Request.
2 SUBSCRIPTION MODEL (NOT APPLICABLE, UNDER DEVELOPMENT)
- Upon registration of an Account as a Customer, you will be prompted to choose a subscription tier as set out in Table 1 below (Subscription). You may either choose Subscription or use the Services on an on-demand basis.
- If you sign up for a Subscription, you will become immediately liable to pay the Subscription Fees applicable to your chosen Subscription as set out in Table 1 below(Subscription Fee).
- You acknowledge and agree that:
(i) your Subscription will only entitle you to the Inclusions applicable to your Tier asset out in Table 1 above;
(ii) all Subscription Fees must be paid in advance and are non-refundable;
(iii) unless otherwise agreed in writing, Subscription Fees are due and payable in accordance with the subscription tier you have chosen;
(iv) you will need to enter into a Direct Debit Service Agreement with our Online Payment Partner (DDSA), available here: [insert]; and
(v) the Subscription Fees will be direct debited by our Online Payment Partner from the nominated bank account you provided upon registration of your Account in accordance with the DDSA.
- Your subscription will continue for the chosen subscription period set out in Table 1. If it’s specified in Table 1 that your Subscription automatically renews, it will automatically renew in accordance with Table 1 indefinitely, and you must pay the Subscription Fees in respect of each period, unless you notify us within 30 days of the expiry of the then current period that you want to cancel your Subscription. Otherwise, our Online Payment Partner will continue to debit the Subscription Fees from your account for each Subscription period. By choosing a recurring payment Subscription, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
3 FREEZE
- You may provide a written request to Launda for a temporary freeze of your subscription if you are experiencing circumstances that prevent you from using the Services (Freeze).The request must be made at least 7 days before the start date of the requested Freeze.
- Launda will consider your request for a Freeze and may, at its discretion, allow a Freeze however is under no obligation to do so.
- If Launda notifies you that your request for a Freeze is approved:
(i) you are not obliged to pay the Fees due for the relevant Freeze period; and
(ii) at the end of the Freeze, any suspended obligations under this clause 3 will automatically resume, including your obligation to pay the Fees under this Agreement.
4 YOUR OBLIGATIONS
- When receiving the services from a Launda Service provider, you must:
(i) pack any clothing or linen in respect of which you require laundry services neatly into a bag or bags (each a Load);
(ii) ensure each Load is separated into the following categories:
(A) wash, dry and fold;
(B) wash, dry and iron; and
(C) iron only.
(iii) ensure that any Load does not contain any:
(A) toxic, dangerous or illegal substances;
(B) hazardous items including but not limited to pins, jewellery, coins, keys, pens and cosmetics;
(C) any wet items; or
(D) any items that have been used in the preparation of food as part of a food industry business.
(iv) ensure any Load can be washed and tumble dried.
(v) ensure that you specify to the Launda Service Provider if an item in your order requires stain removal.
(vi) ensure that you or a person authorised by you is present at the time and at the address agreed between you and the Service Provider for the pick up and/or drop off of an order. Otherwise, you must authorise the Launda Service Provider to pick up and/or drop off the relevant Loads in a space designated by you without your presence (Unattended Pick Up/Drop Off).
- Where you authorise Unattended Pick Up/ Drop Off, you agree that the risk in any Load will only pass onto the Launda Service Provider once the Load comes into the possession of the Launda Service Provider. If a Load is stolen or damaged while it is unattended, the Launda Service Provider or Launda will have no liability to you in respect of such damage or loss.
- You acknowledge and agree that if you fail to comply with your obligations under clause 4(a), in addition to any rights a Launda Service Provider may have against you under their terms of service or applicable law, they will be able to cancel the Service Offer and any fees you have paid in relation to such a Service Offer will not be refundable.
5 MISSING AND DAMAGED ITEMS
- Launda will not be liable to you for loss or damage (including any costs to repair or replace any lost or damaged items) to items in any Load or order. This includes but is not limited to loss or damage arising from:
(a) colour bleeding or transfer;
(b) shrinkage; and
(c) stain removal. If any of your items are lost or damaged while with the Launda Service Provider, you must raise a dispute with the relevant Launda Service Provider in accordance with clause 13 of Part A.
6 PAYMENT
- (Payment obligations) Unless otherwise agreed in writing with the Launda Service Provider, you must pay for all services specified in an accepted Service Offer prior to the Launda Service Provider performing those services.
- (Card surcharges) Our Online Payment Partner may charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
- (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Launda Service Provider, you will then have the option of purchasing the relevant services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
7 CANCELLATIONS
- Launda will have no liability or obligation to you if a Launda Service Provider cancels a Service Offer after it has been agreed and you will not be entitled to any compensation from Launda in relation to any such cancellation, including any portion of the Service Fee.
- If you wish to cancel services specified in an agreed Service Offer, before the Launda Service Provider has performed them, you must contact the Launda Service Provider. If Launda decides to investigate your cancellation, you must provide assistance and information to Launda as reasonably requested.
- If you cancel a service specified in an agreed Service Offer, whether the relevant Quoted Amount paid by you is refundable will depend on the cancellation policy and refund policy of the relevant Launda Service Provider.
8 LINKED BUSINESSES
You acknowledge and agree that:
- the Platform provides links and introductions to Launda Service Providers owned and operated by third parties that are not under the control of Launda;
- the provision by Launda of introductions to Launda Service Providers does not imply any endorsement or recommendation by Launda of any Launda Service Provider;
- the provision by Launda of introductions to Launda Service Providers does not imply any endorsement or recommendation by Launda of any Launda Service Provider;
- Launda does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Launda Service Provider who uses or is listed on the Platform. However, a Launda Service Provider who has completed Launda’ straining courses will have a distinguishing badge on their profile to exhibit their certification; and
- any terms and conditions relating to a Service Offer or quote provided via the Platform constitute a contract between you and the Launda Service Provider once agreed in accordance with clause 1 and do not involve Launda in any way.
9 COMMUNICATION OUTSIDE THE PLATFORM
- You must not communicate with a Launda Service Provider, or request or entice a Launda Service Provider to communicate with you, outside the Platform (except in the course of accepting Launda Service Provider services that were agreed in a Service Offeror Service Request).
- Launda, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause.
10 LAUNDA GARMENT PROTECTION PLAN
It’s extremely rare that items are lost or damaged. Our systems and procedures have been developed by industry experts with over 30 years’ experience.
Your laundry bags are tagged, kept together, and kept separate from other orders at all times. We wash in cold or lukewarm water and we separate dark and light colours. We dry in normal heat or hang-dry, based on your request and we use standard washers and dryers. There is no part of our laundering process that is unique to what you would do at home and that would cause damage or loss.
However, in the rare event items are lost or damaged, every order is protected under our Garment Protection Plan which covers up to $50 per item, and up to a maximum of $250 per order.
- Additional cover is available with our Premium Garment Protection Plan for an extra $5 per order, this covers up to $100 per item, and up to a maximum of $500per order.
- Plan covers used value (70% of retail purchase price).
- Plan covers only claims made within 24 hours of delivery.
- Laundry Protection Plan is payable in Launda customer credits only.
Regarding shrinkage, there are many types of clothes that shrink when laundered. This is normal and to be expected. As advertised, we only wash laundry in cold or lukewarm water and dry in normal heat. There is no part of our laundering process that is unique to what you would do at home and that would cause shrinkage. That's not to say that your clothes didn't shrink, but it's due to the construction of the clothes, the type of fabric, and the age of the garment, and other factors combined with a standard laundering process. Launda and its Service Providers do not take responsibility for items that shrink and they are not covered under our Garment Protection Plan.
Regarding holes and tears: some garments will over time incur damage as a result of the normal laundering process and regular wear and tear. This would occur regardless of where the garment was laundered and is not Launda or its Service Providers responsibility. We are not responsible for holes or tears that occur as aresult of the normal laundering process.
Regarding colour bleeds: we always separate lights and darks. Colours may bleed and affect the colour of other garments. This would occur in any laundering process and is not Launda or its Service Providers responsibility and is not covered by the Garment Protection Plan.
Please Note: Credit given to the customer under the Garment Protection is not guaranteed and is under the sole discretion of Launda.
Our friendly customer support team are also on hand to help with queries or concerns.