Terms and conditions
1. CONTRACTUAL RELATIONSHIP
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS
Welcome to Drystar! These terms and conditions (“Agreement”) apply to Drystar Inc. (“Drystar”) website (Drystar.com) and the related mobile application and/or selected other domains, existing or future, content, products and services (collectively, the “Services”) As used in this Agreement, “Drystar,” “we,” “us,” or “our” shall mean Drystar Inc.
If you do not agree to this Agreement, please do not access or use the Services.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time. All modifications to this Agreement will be effective immediately upon our posting of any modifications on this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
Drystar is an on-demand laundry and dry cleaning delivery service that enable users to schedule the delivery using Drystar’s mobile applications or website which is provided as part of the Services (each of the mobile application and the website is an “Application”). After scheduling the reservation using the Application, a third party, which is an independent contractor working with Drystar (“Third Party Contractor”), will pick up and deliver the user’s laundry.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by Drystar. The Services and the Materials are protected by copyright, trademark, 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, trade dress and trade names are proprietary to Drystar.
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.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of Drystar’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by Drystar.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by Drystar. Drystar does not transfer title to the Software to you. Drystar retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
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 Drystar or such other party as may own the proprietary rights.
Subject to your compliance with the terms of the Agreement, Drystar grants you a limited, non-exclusive, non-sublicensable, 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 Drystar and Drystar’s licensors.
3. USE OF THE SERVICES
USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS
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 Drystar 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. 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 Drystar’s 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 Drystar in writing, you may only possess one Account.
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 Drystar 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.
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 Drystar at any time by sending a request to support@Drystar.com. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
PROMOTIONAL CODES AND SPECIAL OFFERS
Drystar may, in Drystar’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Contractors, subject to terms that Drystar may establish on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Drystar, in advance in writing; (iii) may be disabled by Drystar at any time for any reason without liability to Drystar; (iv) are not valid for cash; and (v) may expire prior to your use. Drystar reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Drystar determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
MINIMUM PRICE ORDER
The minimum order price is as cited on Drystar’s Services and may change from time to time.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Drystar does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
DAMAGED OR LOST ITEMS
It is our priority to supply the best care to your garment and we appreciate your trust.
Although we are doing our best to prevent any damages to your garment, we cannot guarantee against color loss, bleeding or shrinkage of garments. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears. For any items deemed damaged, whether Drystar may reimburse you by paying up to ten (10) times the charge for cleaning the item in which the damage occurred regardless of brand, price or condition of the garment.
Any damaged items must be reported to support@Drystar.com and inspected by Drystar, within seven (7) days from date the damaged item was returned to you by Drystar, through digital photos or in-person.
Any lost item must be reported within seven (7) days of the delivery of the garments to support@Drystar.com. All claims are reviewed on a case-by-case basis. Items are considered lost twenty (20) days after the initial claim has been made. Any reimbursement for an item deemed lost by Drystar shall be limited to and shall not exceed ten (10) times the charge for cleaning the lost item regardless of brand, price or condition of the garment.
Drystar does not take responsibility for any loose items lost when submitted in a Drystar bag, such as watches, jewelry, cufflinks, etc.
PICK UP AND DELIVERY
Our goal is to provide valuable and timely service to all of our customers and partners. Therefore, you can edit the time of a pickup up to 30 minutes before the requested pickup time and you can freely reschedule a delivery prior to 6pm for any evening delivery and prior to 6am for any morning delivery. If you cancel a pickup less than 30 minutes before your requested time, rescheduled a delivery after the designated time for change, or if our partners cannot deliver or pickup an order because you or your designee failed to appear, we may charge a cancellation fee in a reasonable amount (currently set at $5).
We hope to provide a convenient service to all our customers and can leave orders outside residences or with a doorman, provided the customer gives written consent. However, once delivery has been made, we will not be held responsible or liable for the loss or damage of any items. It is the customer’s sole responsibility to ensure the safety of items after delivery by Drystar.
You have an option to ask us to leave your laundry with the doormen or other location, but Drystar will not be responsible for any lost cause as a result.
Drystar reserve the right to keep records of your garments and retain, store, display or reproduce such records which may include images or photographs, and associate such records with your name or other profile information for commercially reasonable periods for archival, inventory purposes, quality control, loss prevention, and or data collection.
USER CONTENT AND INTERACTIVE AREAS
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 Drystar 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 Drystar’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 Drystar’s disclosure of any information related to your use of the Services in any capacity in connection with Drystar’s display of your User Content on the Services. You also agree to indemnify and hold Drystar 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. Drystar 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. Drystar 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. Drystar 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 Drystar server, or the network(s) connected to any Drystar 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 Drystar server.
Drystar reserves the right, in its sole discretion, to monitor any and all use of the Services.
VIOLATIONS OF THE AGREEMENT
Drystar 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.
Drystar currently offers two subscription types: Monthly subscriptions and Annual subscriptions. (i) Monthly Subscription: By purchasing this monthly subscription you will enjoy the following benefits: 3% off every order, No delivery fee/No minimum order & Up to 4 free hang dry items. Your monthly subscription will start when Drystar confirms your payment and will continue for a period of 30 days. When you purchase a monthly subscription, auto-renew is automatically selected in your Account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you may cancel your subscription at any time on your Account prior to the end of your current subscription term, or email us at support@Drystar.com. (ii) Annual Subscription: By purchasing this monthly subscription you will enjoy the following benefits: 7% off every order, no delivery fee/no minimum order, up to 10 hang dry items for free and 12 free cancellations/reschedules. Your annual subscription will start when Drystar confirms your payment and will continue for a period of one year. Annual subscriptions are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your Account. At the end of the annual subscription period, you will automatically be signed up and billed you for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you may cancel your subscription at any time on your Account prior to the end of your current subscription term, or email us at support@Drystar.com.
GENERAL TERMS AND CONDITIONS FOR ALL SUBSCRIPTIONS
You agree that we may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your Account, but no refunds will be paid on any remaining subscription period. Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.
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, Drystar will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email. If you signed up to one of our subscriptions programs, you will be charge on the first day of the period in which your subscription begins, not including any “free trial” periods which may be offered by Drystar from time to time.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Drystar. Any request for lower Charges or disagreement with the Charges should be addressed to Drystar by contacting support@Drystar.com.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Drystar may use a secondary payment method in your Account, if available.
Drystar reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Drystar’s sole discretion.
Drystar 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.
6. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY
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, Drystar 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 responsibility to careful read and inspect any service or product you purchase through our applications upon your receipt to determine safety and appropriateness for your consumption or use. Drystar does 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. Drystar does not warrant or make any representations regarding the use or the results of the use of the materials and/or the services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. you (and not Drystar) 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 Drystar 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 Drystar or a Drystar authorized representative has been advised of the possibility of such damages. In no event shall Drystar 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. Drystar does 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, Drystar is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. Drystar makes 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. Drystar reserves the right to discontinue links to any other website at any time and for any reason.
You agree to indemnify and hold Drystar 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) Drystar’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors.
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 New York, 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 New York. 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 Drystar of any provision of this Agreement must be in writing.
Drystar 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 to have been 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 Drystar, with such notice deemed given when received by Drystar, at any time by first class mail or pre-paid post to 349 W 85th st, New York, NY 10024.
You may not assign these Terms without Drystar’s prior written approval. Drystar may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Drystar’s 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, Drystar 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 Drystar in writing.
PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
Drystar respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services or Application through which our services may be accessed in a way that constitutes copyright infringement, please provide Drystar’s Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Service;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, e.g., the specific web page address on the Sites;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: email@example.com.