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Hamper Dry Cleaning Terms & Conditions
Thank you for becoming a Hamper client! We’re excited to provide you with premium dry cleaning service. Please read the following Terms & Conditions carefully before downloading the Hamper app or ordering dry cleaning services from Hamper.
The use of our service is conditioned on your acceptance of the following terms, conditions, and notices contained herein. Please read these terms carefully. By using our dry cleaning services, (“Dry Cleaning Service”) and downloading our application (“Hamper App”), you, hereafter referred to as the (“Client(s)”) expressly agree to be bound by (1) the following Terms & Conditions, hereafter referred to as the “Agreement” and (2) the Hamper Privacy Policy, hereafter referred to as the “Privacy Policy”. Please review a copy of our Privacy Policy. By downloading the Hamper App and/or using our Dry Cleaning Service, you expressly agree and consent to all disclosures set forth in our Privacy Policy, which establishes a valid contractual relationship between you, and Hamper Delivery, LLC, in the State of Texas. Your continued use of the Hamper App and/or Hamper Website, www.usehamper.com (the “Website”), shall be regarded as your acceptance of the following Agreement. The following Terms & Conditions, dated as of May 1, 2016, were drafted by Jared A. Lichtin, Attorney at Law, Texas Bar #24088924. Defined Terms. As used in these Terms and Conditions, terms defined in the preamble and recitals have the meanings set forth therein, and the following terms have the meanings set forth below: “Agreement” means these Terms and Conditions, and all subparagraphs contained below, including the Privacy Policy. “Consent” shall mean any consent, approval, authorization of, notice to, or designation, registration, declaration or filing with, any person. “Laws” means all Federal, state, local or foreign laws, rules and regulations. “Person” shall mean any individual, partnership, joint venture, corporation, trust, unincorporated organization, government, or other entity. “Hamper” refers to Hamper Delivery, LLC, a Texas Limited Liability Company. “Hamper App” refers to the software application available for download in the Apple App Store on iOS, and Google Play Store on Android devices. “Website” refers to all content available on www.usehamper.com. “Logo” refers to the colors, clothespin outline, font, and all iterations of the Hamper Logo. “Services” refers to and includes, all dry cleaning services, pick up, transport and delivery. Trademark Rights The Hamper Logo, (“Logo”), screens on the Hamper App, and content on the Website, www.usehamper.com, have copyright protection under the laws of the United States of America. All content, including the Logo, text and software code comprised within the Hamper App, and content on the Website, are owned exclusively by Hamper Delivery, LLC, a Texas Limited Liability Company. Hamper Delivery, LLC is the sole owner of the logo, Hamper App, and content of the Website. Clients may only use or download portions of the Website, Hamper App, or Hamper Log for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of copyrighted material is strictly prohibited without the express written consent of Hamper Delivery, LLC. Logos, Videos, Graphics, Trademarks Clients agree not to use, display, convert, edit, or promote the Hamper Logo or video content contained on the Website, without the express written consent of Hamper Delivery, LLC. Clients also agree not to use, display, convert, edit, or promote the any other trademarks, logos, graphics, or video content on the Website and Hamper App, without the express written consent of Hamper Delivery, LLC. Advertisements Clients also agree not to use, display, convert, edit, or promote the Hamper Logo or video content contained in Hamper advertisements. This includes all text, copy, logo, and graphics in Google AdWords and Facebook advertising campaigns. App Notwithstanding these Terms and Conditions, Client’s use of the Hamper App is conditioned upon the following: (1) Clients may only use the Hamper App to access Dry Cleaning Services; (2) Clients may only use the Hamper App on their own behalf, and may not authorize access to the App by any bot or automated software; and (3) Clients may only use the Hamper App on their own behalf, and may not authorize a third party to access the App on your behalf. Electronic Communications; Email and Text Messages By downloading and using the Hamper App, you expressly consent to receive email and SMS text messages on your mobile device in furtherance of your Dry Cleaning Services. To disable notifications, you may modify the settings on your mobile device. All emails and SMS text messages constitute electronic communication. By using Hamper, you consent to receive electronic communications and you agree that all electronic communications, including email and SMS text messages, satisfy any legal requirement that such communications be in writing. Network and Mobile Settings Hamper operates on iOS and Android devices, however network data and messaging rates and fees may apply, depending on your mobile carrier. You are solely responsible for updating your software, understanding the terms and conditions of your individual wireless contract, and managing your mobile settings. While Hamper should work on iOS 8 and later iOS updates, including iOS 9, and Android API level 16, Hamper does not warrant its’ compatibility with any specific mobile device. Pick Up and Delivery By using Dry Cleaning Services provided by Hamper, you expressly consent and agree (1) to allow a Hamper Driver to transport your clothes to our dry cleaning facility; (2) to allow a Hamper Driver to pick up and deliver to your residence or office, within the allotted time frame provided on the Hamper App; (3) that you are not under the age of thirteen (13); (4) that the address you provided for pickup and delivery on the Hamper App is either your legal personal residence or place of business; (5) all other information provided on the Hamper App is true and accurate; and (6) that the zip code provided on your pickup and delivery address is correct. Garment Prices The garment dry cleaning prices provided on the App are subject to change. Your final order price is visible before placing an order, and includes all garment prices, garment count, delivery fee, and a eight-and-a-quarter (8.25%) sales tax, which is applicable to all services rendered within the State of Texas. Your final order price will also include a delivery fee, which is based upon the delivery zip code. Hamper reserves the right to modify garment dry cleaning prices and delivery fees at any time. All prices can be viewed here. Delivery Fee By downloading and using the Hamper App and Hamper Dry Cleaning Services, you agree to be charged a minimum Delivery Fee of Four Dollars and Ninety Nine Cents ($4.99 USD). Delivery fee is subject to change. Your Delivery Fee is visible upon the final purchase screen in the App, and on all invoices. All order invoices are sent via email to the email address provided upon signup. Delivery fees are based on driving distance, and are calculated based upon the provided delivery zip code in Houston, Texas. All currently serviced zip codes are listed here. If you have any questions, or would like to request Hamper service to your zip code, which is not currently serviced, please email support at support@usehamper.com. Damaged Items Hamper takes tremendous pride in the quality and integrity of our service. While we are very concerned with treating all garments carefully, we cannot guarantee against color loss, bleeding, or shrinkage. Additionally, Hamper does not take responsibility for deteriorated or flawed garments, which could result in minor holes or tears. Similarly, please understand it is not always possible to remove all stains. If a garment is damaged, Hamper will reimburse you 100% of the current market value of the garment, up to One Hundred and Fifty Dollars ($150.00 USD). Damaged items must be reported to support@usehamper.com and inspected by Hamper within seven (7) days through digital photos or in-person. Hamper is not responsible for damaged garments in excess of One Hundred and Fifty Dollars ($150.00 USD). Lost Items Any lost item must be reported within seven (7) days of the delivery of the garments to support@usehamper.com. All claims are reviewed on a case-by-case basis. Items are considered lost fourteen (14) days after the initial claim has been made. If a garment is lost, Hamper will reimburse you 100% of the current market value of the garment, up to One Hundred and Fifty Dollars ($150.00 USD). Accidental Non-Garment Items in Garment Bags Hamper understands that accidents happen… to all of us. Sometimes, without fault or reason, non-garment items end up in a garment bag, mixed in with dirty clothes. Examples of “non-garment items” include watches, pens, suspenders, cufflinks, phones, wallets, money, documents, lapel pins, tie clips & belts. While not-garment items occasionally get left in garment bags, Hamper takes every precaution to place any non-garment items in an envelope, or separate bag, which will be delivered back with your clean clothes. While Hamper takes every precaution to put accidentally-placed valuables into a safe place, and return them to you, Hamper does not take responsibility for any non-garment items lost when submitted in a Hamper garment bag. Promotional Codes, Affiliate Bonuses and Discount Offers Hamper may intermittently provide you promotional codes, affiliate bonuses, discounts, or other offers via email and/or social media. Your use of any Hamper promotional code, discount or affiliate bonus is predicated upon your understanding that (i) you may not duplicate, transfer or sell a promotion code, bonus, or discount, in any manner; (ii) promotions or discounts may be temporarily or permanently discontinued by Hamper without prior notice; and (iii) Hamper may refuse, deduct, or withhold a bonus, credit, or promotion, if Hamper determines that the use of the bonus, credit, or promotion was either gamified, fraudulent, accidental, illegal, or in violation of these Terms & Conditions, and/or Privacy Policy. You may opt out of receiving these offers at any time by unsubscribing at the bottom of any promotional email, or by emailing support at support@usehamper.com. Facebook You will be able to connect your Hamper account to Facebook for account signup purposes. By connecting your account in this manner, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on Facebook). If you do not want information about you to be shared in this manner, do not use this feature. Termination Hamper reserves the right to terminate a user’s access to the Hamper App and the related services, without notice. This Agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue of courts in Texas arising out of or relating to the use of the Hamper App. You agree that no relationship exists between you and Hamper as a result of this Agreement, and unless otherwise specified, this Agreement constitutes the entire agreement between the user and Hamper with respect to the Hamper App. Hamper reserves the right to change the Terms of this Agreement. The most current version of the Terms will supersede all previous versions. Violations & Indemnity Hamper may seek indemnity, injunction, and/or remedy for violations of these Terms and Conditions under Federal, Texas, or local law. Privacy Policy The Hamper Privacy Policy is located at usehamper.com/privacy Contact If you have any further questions, please email Hamper support at support@usehamper.com. Drafted by Jared A. Lichtin, Attorney at Law, Bar #24088924 Licensed to Practice Law in the State of Texas since 2013
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