Terms of Service

Introduction These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website [and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age. License to use website Unless otherwise stated, WashFoundry and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; redistribute material from this website except for content specifically and expressly made available for redistribution. Acceptable use You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without WashFoundry's express written consent. Restricted access Access to certain areas of this website is restricted. WashFoundry reserves the right to restrict access to other areas of this website, or indeed this entire website, at WashFoundry's discretion. If WashFoundry provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. WashFoundry may disable your user ID and password in WashFoundry's sole discretion without notice or explanation. User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to WashFoundry a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to WashFoundry the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or WashFoundry or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. WashFoundry reserves the right to edit or remove any material submitted to this website, or stored on WashFoundry's servers, or hosted or published upon this website. Notwithstanding WashFoundry's rights under these terms and conditions in relation to user content, WashFoundry does not undertake to monitor the submission of such content to, or the publication of such content on, this website. No warranties This website is provided “as is” without any representations or warranties, express or implied. WashFoundry makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, WashFoundry does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.] Limitations of liability WashFoundry will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if WashFoundry has been expressly advised of the potential loss. Wash And Fold Policy & Liability User understands that there is inherent risk in Cleaning and there is potential for clothing and related items to get lost or damaged. WashFoundry will do its best to ensure situations like this do not happen, and in the instances they do happen, will work with the User to rectify the situation. Reimbursements for lost or damaged items tendered through our Wash & Fold laundering service may be issued if a detailed list of each item is accompanied with the order at the time of drop off or pick-up. The list must include the brand, item style, color and size of each individual item in the order. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, WashFoundry’s aggregate liability shall in no event exceed an amount of $400, preferably in the form of store credits. If no list is provided at the time of drop off or pick-up, WashFoundry is not responsible for any lost or damaged items and there will be NO REIMBURSEMENTS or compensation of any form. WashFoundry does all laundry in state-of-the-art commercial-grade washing machines and therefore does not take "Hand washing" instructions. Items requiring "hand washing" must be clearly separated and labeled by the customer and they will be washed using a "gentle cycle". WashFoundry denies any responsibility if the garments are damaged in the process, given the unique nature of such garments. Exceptions Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit WashFoundry's liability in respect of any: death or personal injury caused by WashFoundry's negligence; fraud or fraudulent misrepresentation on the part of WashFoundry; or matter which it would be illegal or unlawful for WashFoundry to exclude or limit, or to attempt or purport to exclude or limit, its liability. Reasonableness By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website. Other parties You accept that, as a corporate entity, WashFoundry has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against WashFoundry's officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect WashFoundry's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as WashFoundry. Unenforceable provisions If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer. Payment The use of the Website and Application is free of charge. WashFoundry reserves the right to introduce a fee for the use of the Application. If WashFoundry decides to introduce such a fee, WashFoundry shall inform you accordingly and allow you to either continue or terminate the use of the Service. WashFoundry shall charge you for the services you request, which may include dry cleaning, laundered shirts, wash & fold, or related services ("Cleaning"). You agree that you will pay for all Cleaning you purchase through WashFoundry, and that WashFoundry may charge your credit card account as provided by you when registering for the Service for the Cleaning (including any taxes, late fees, or additional fees or interest as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing WashFoundry with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. WashFoundry may use a third-party payment processor (the "Payment Processor") to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Website, Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. WashFoundry is not responsible for any errors by the Payment Processor. In connection with your use of the Services, WashFoundry will obtain certain transaction details, which WashFoundry will use solely in accordance with its Privacy Policy. Indemnity You hereby indemnify WashFoundry and undertake to keep WashFoundry indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WashFoundry to a third party in settlement of a claim or dispute on the advice of WashFoundry's legal advisers) incurred or suffered by WashFoundry arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. Breaches of these terms and conditions Without prejudice to WashFoundry's other rights under these terms and conditions, if you breach these terms and conditions in any way, WashFoundry may take such action as WashFoundry deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you. Variation WashFoundry may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version. Assignment WashFoundry may transfer, sub-contract or otherwise deal with WashFoundry's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. Entire agreement These terms and conditions constitute the entire agreement between you and WashFoundry in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the Laws of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Santa Clara county. WashFoundry is registered name of SPMax, Inc. WashFoundry's address is 1564 Halford Ave, Santa Clara, CA 95051. You can contact WashFoundry by email at info@washfoundry.com.