Welcome, and thank you for your interest in Dryz Pty Ltd (“Dryz”, “we,” or “us”) and our downloadable and hosted software including mobile applications (the “App”), our web site at www.dryz.com.au and our other web sites (the “Website”), and other services provided by us (our “Service”). These Terms of Service are a legally binding contract between you and Dryz regarding your use of the Service.
1. Service Overview
1.1. Dryz provides an on-demand, dry clean and laundry services. Using the Dryz Website or App, Dryz customers can request a Dryz delivery operator (a “Dryver”) to meet them at a pre-specified time (“Pick Up Time”) and location (“Pick Up Location”) to collect the customer's items (“Items”) that are in need of cleaning. Although we always make our best effort to complete the request, we reserve the right to change the Pick Up Time or the Pick Up Location for any of the following reasons:
(a) unforseen traffic, mechanical, or other conditions that can cause delay
(b) inability to access the location or reach you via the registered mobile number
(c) parking restrictions or roadway regulations that prevent the Dryver from parking within a 2 minute walk of your Pick Up Location
(d) any other situation-specific reason deemed necessary by the operations team at Dryz
1.2. Dryz cleans the Items at our dedicated facilities, after which a Dryver will deliver the cleaned Items back to the customer at a pre-specified time (“Drop Off Time”) and location (“Drop Off Location”), completing the transaction.
(a) unforseen traffic, mechanical, or other conditions that can cause delay
(b) inability to access the location or reach you via the registered mobile number
(c) parking restrictions or roadway regulations that prevent the Dryver from parking within a 2 minute walk of your Drop Off Location
(d) extended cleaning time required as determined by the operations team at Dryz
(e) any other situation-specific reason deemed necessary by the operations team at Dryz
1.3. Dryz offers three types of individual item cleaning: dry cleaning (“Dry Clean”), washing and pressing (“Wash & Press”), and only pressing (“Pres Only”). Dryz also offers an aggregate (non-individual) washing, drying, and folding laundry service (“Wash & Fold”).
1.4. The pre-specification occurs during the customer order flow on the Website or App. Other elements of each order including special instructions and customer preference configurations are also specified through the Website or App.
1.5. An order is complete after the items have been returned to the customer.
2.1. You must be at least eighteen (18) years of age to use the Service. If you are under 18 years of age, then you must obtain your parent or guardian’s consent before accessing and using the Service.
2.2. By agreeing to these Terms, you represent and warrant to us that:
(a) you are at least eighteen (18) years of age;
(b) you have not previously been suspended or removed from the Service; and
(c) your registration and your use of the Service are in compliance with all applicable laws and regulations.
2.3. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
2.4. You accept these Terms by registering for the Service and/or making any payment as required under the Terms. You may also accept the terms by clicking accept or agree to the Terms where and if this option is made available to you in the App.
3. Accounts and Registration
3.1. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information.
3.2. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
3.3. When you register, you will be asked to provide a password.
3.4. You are solely responsible for maintaining the confidentiality of your account and password.
You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
4. Member’s Obligations and Acknowledgements
4.1. Once you have completed the registration process in accordance with Clause 3 above, you will be registered member of the App and Website (“Member”) and agree to be bound by the Terms. As a Member, you will be granted immediate access to the Services.
4.2. You are solely responsible for ensuring that the Dryver is able to pick up the Items at the Pick Up Time at the Pick Up Location and the return the Items at the Drop Off Time at the Drop Off Location. Any costs incidental to or incurred as a result of your failure to not comply with this Clause 4.2 will be charged to you. This includes but is not limited to toll charges, parking fees etc.
4.3. You warrant that you will not supply us with any hazardous or dangerous goods contained within the Items.
4.4. You acknowledge that any interaction between you and your partner facility is not within the scope of the Services provided by the App, the Website and Dryz. You indemnify Dryz in accordance with clause 14 of these Terms for any such interaction.
5.1. Using the Service, may require you to pay relevant fees (“Service Fee”), which are listed on our website and in our apps.
5.2. If Dryz changes the Service Fee or adds additional fees or charges, Dryz will provide you advance notice of those changes.
5.3. If you do not accept the changes, Dryz has the right to discontinue providing the Service to you.
5.4. You authorize Dryz to charge all sums as described in these Terms, for the Service, features, or transactions you select, to the payment method you specify.
5.5. You acknowledge and agree where a request for the payment of the Service Fee is returned or denied, for any reason by your financial institution or is unpaid by you for any other reason, then you are liable for any costs such as banking fees and charges, associated with the same.
6.1. All trademarks, service marks and trade names are owned, registered and/or licensed by Dryz, who grants to you a worldwide, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license whilst you are a registered member to:
(a) use the App and the Website pursuant to the Terms;
(b) copy and store the App and the Website and the material contained in the in your device’s cache memory; and
(c) print pages from the App and the Website for your own personal and non-commercial use.
6.2. Dryz does not grant you any other rights whatsoever in relation to the App, the Website or the Services. All other rights are expressly reserved by Dryz.
6.3. Dryz retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the App and the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
(d) to you.
6.4. You may not, without the prior written permission of Dryz and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the App, the Website, the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
7. Prohibited Conduct.
7.1. By using the service you agree NOT to:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) violate, or encourage others to violate, any right of a third party;
(c) provide us with any hazardous or dangerous items with respect to us carrying out the Services;
(d) interfere with security-related features of the Service, including by:
(i) disabling or circumventing features of the Service that determine or verify the validity of any transaction, or the location or identity of any person; or
(ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(e) interfere with the operation of the Service, including by:
(i) collecting personal information or transaction information of any other user without consent;
(ii) engaging in inappropriate or offensive behaviour towards, or otherwise interfering with, our Dryvers or other personnel providing the Service;
(iii) repeatedly scheduling and cancelling transactions,
(iv) requesting transactions that are dangerous, needlessly difficult, unreasonably costly, or otherwise not successfully completed, or
(v) hacking or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
(f) perform any fraudulent activity, including:
(i) impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
(ii) allowing any other person to use the Services with your account or credentials;
(iii) misleading or deceiving our personnel, including our Dryvers;
(iv) falsifying your name, age, or date of birth; or
(v) entering any fraudulent or false transaction, including any transaction upon a payment account which is not your own, has been cancelled, or will not have the funds necessary to complete the transaction;
(g) sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or
(h) attempt to do any of the acts prohibited in these Terms, or assist or permit any person in engaging in any of the acts prohibited in these Terms.
8.1. Third Party Accounts.
(a) In order to use the App, you may be required by the third party who is distributing or providing you access to the App (e.g., Google, Inc., Apple, Inc.) (each, a “Distributor”) to create an account.
(b) You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor.
(c) Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Dryz is not responsible for any act or omission of any Distributor.
8.2. Access to the App
Dryz does not provide you with the equipment to use the App. You are responsible for all fees charged by third parties to access and use the App (e.g., charges by mobile carriers).
8.3. Special Terms Regarding Apple and Google
(a) If you download App from Apple Inc.’s App Store or Google Inc.’s Google Play, your use of the App must at all times be in accordance with the respective usage rules set forth in the Apple, Inc. App Store Terms of Service and Google Play Terms of Service (collectively “Platform Terms of Service”).
(b) You acknowledge that these Terms are entered into solely between you and Dryz. These Terms are not intended to provide for usage rules for the App that are less restrictive than the usage rules set forth for Licensed Applications in, or that otherwise conflict with, the Platform Terms of Service as of the date that you accept either Platform Terms of Service (which you acknowledge you have had the opportunity to review).
(c) You also acknowledge and agree that:
(i) if any third party claims that your possession or use of the App infringes a third party’s intellectual property rights, Apple and Google are not responsible for the investigation, defence, settlement or discharge of any such intellectual property infringement claim;
(ii) Apple and Google have no responsibility for addressing any claims relating to the App, including but not limited to, product liability claims; maintenance and support; any claim that the App fails to conform to any applicable legal or regulatory requirement; and any claim arising under consumer protection or similar legislation; and
(iii) Apple and Google and their subsidiaries are intended third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
9. Termination of Use; Discontinuation and Modification of the Service
9.1. If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, Dryz may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice.
9.2. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
9.3. You may terminate your use of the App at any time by deleting the App from your device or personal computer or mobile device.
You may terminate your account at any time by contacting customer service at email@example.com
9.5. Deletion of the App and termination of your account is your sole right and remedy with respect to any dispute with Dryz regarding the App or these Terms.
9.6. Upon termination, you must destroy or delete any copy of the App in your possession. If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.
11. Additional Terms
Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"), such as end-user license agreements for any downloadable App applications, or rules that applicable to a particular feature or content on the Service, subject to clause 11 below. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
12. Modification of these Terms
12.1. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes.
12.2. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service.
12.3. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Dryz has the sole discretion in identifying a modification as a Material or Immaterial modification.
12.4. Disputes arising under these Terms will be resolved in accordance with clause 19 of these Terms that was in effect at the time the dispute arose.
13. Intellectual Property
The Service is owned and operated by Dryz. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, App, services, and all other elements of the Service (“Materials”) provided by Dryz are protected by intellectual property and other laws. All Materials contained in the Service are the property of Dryz or our third-party licensors. Except as expressly authorized by Dryz, you may not make use of the Materials. Dryz reserves all rights to the Materials not granted expressly in these Terms.
We appreciate the opinions of our customers. If you choose to help Dryz by identifying potential errors or suggesting any modifications or improvements (“Feedback”), then you hereby grant Dryz an unrestricted, perpetual, irrevocable, fully-paid, royalty-free right to use your Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
15.1. You agree that you are responsible for your use of the Service, and you agree to defend and indemnify Dryz and its officers, directors, employees, consultants, contractors, affiliates, subsidiaries, and agents (together, the "Dryz Entities") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with:
(a) your access to, use of, or alleged use of, the Service;
(b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
(c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
(d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
16. General Disclaimer
16.1. The service and all materials and content available through the service are provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied.
16.2. You acknowledge and agree that Dryz follows the guidelines set out by the Drycleaning Institute of Australia (“DIA”) with respect to damage that can result from wear and tear or effects of the laundering process, as outlined in section C.2 of the Fair Claims Guide as issued by the DIA which includes, but is not limited to:
(a) fabric shrinkage from repeated laundering or during a first wash
(b) colour fading from repeated use and laundering
(c) colour discolouration from chemicals in deodorant, perfumes, and other personal items that were applied prior to Dryz receiving the items
(d) separation of bonded layers or other decorative material
(e) damage resulting from existing defects (loose buttons, tears, etc.) prior to laundering
16.3. In accordance with clause 16.2 above, Dryz will take reasonable steps to inspect Items from Dry Clean and Wash & Press orders for potential flaws or damage, and may notify you of our findings prior to cleaning. This process is not comprehensive and Dryz makes no guarantee to find all existing issues during the inspection. You acknowledge and agree that Dryz holds no liability for any loss or damage following a cleaning process where an Item has existing flaws or damage.
16.4. Dryz will take reasonable steps to ensure that Dry Clean, Wash & Press, and Press Only Items are treated according to the instructions on the respective care labels. If an Item within one of these order types does not have a care label attached, Dryz will treat the Item based on commonly accepted practices within the dry clean industry for that material type, as determine solely by visual inspection and at the discretion of the cleaning staff. Dryz bears no responsibility for the result of cleaning any Item that does not have a manufacturer care label that is legible in English, nor for any damage that occurs if the care label instructions are incorrect or mislabeled.
16.5. Wash & Fold orders will not be sorted by colour unless specified by the customer within the the notes section of the order flow on either the Website or App (“Order Notes”) for each order. Customers may also choose to pre-sort Items by colour or other categorisation prior to collection by placing sorted Items into distinct Dryz bags and instructing in the Order Notes to "wash each bag separately". In all cases, individual loads within an order are subject to the pricing minimum of three (3) kilograms per load.
16.6. Dryz will not inspect individual Items or Items' care label within a Wash & Fold order or load. Regarding wash temperature, unless otherwise directed by the Customer with specific written instruction in the notes section of the order flow with the Website or App (“Order Notes”), Dryz will wash Items based on the colours of the fabrics within the order, using industry standard guidelines for washing:
(a) 30 degrees celsius for colour items
(b) 40 degrees celsius for white or near-white items
(c) you may specify their own temperature preferences, which Dryz cleaning staff will adhere to except when unable to do so
16.7. There is no customisation of the tumble dry temperature. Dryz will use the lowest temperature setting possible to complete the drying of a load within one standard cycle. Loads or Items that require extended drying may be subject to surcharges.
16.8. In accordance with clause 16.6 and 16.7, you acknowledge and agree that you are responsible for any damage - including, but not limited, to physical distortion, tearing, or colour dye run - that may result from including an Item within a Wash & Fold load that is prohibited from any of the steps within a standard machine washing and drying cycle including, but not limited to, "dry clean only" or "hand wash" or "air dry" type garments. By including an Item with a Wash & Fold load, you are giving consent for Dryz to machine wash, tumble dry, and fold this Item, regardless of what is indicated on the Item's care label. You acknowledge and agree that individual inspection of items in Wash & Fold orders is not included or offered as part of the service.
16.9. The above notwithstanding, where you believe an Item has been damaged due to negligence during the cleaning process, you must contact Dryz within five (5) days from when the item was dropped off to begin the review process. Dryz reserves the right to examine the Item for a period of no less than forty eight (48) hours in order to conduct analysis on the claimed damage. Dryz further reserves the right to offer to repair or restore the Item, or offer compensation pursuant to clause 17.2 below.
16.10. Dryz will take reasonable steps to ensure that the Items will not go missing in the course of providing the Services. Where you believe that an item is missing following the completion of the Services, you must contact Dryz within forty eight (48) hours of scheduled drop off time of the Items at which time Dryz will take all reasonable steps to locate the missing Items. You acknowledge that Dryz may take up to five (5) business days to locate the missing laundry.
16.11. Dryz may, at your direction via instructions in the Order Notes, contact with our customer service team through email, chat, phone, or other means, or through sms or verbal instructions directly to Dryvers, pick up or drop off Items, from or to a third party or a particular location even without a direct handoff. You acknowledge and agree that Dryz is not responsible for Items until it is collected by the Dryver, and that Dryz holds no liability for lost or missing garments where the Items become lost or missing as a result of it being left unattended prior to being collected by the Dryver or following the completion of the drop off. During drop off, if a third party at the address that you provided acknowledges receipt of the Items, you agree that our Services is complete for the Items, and that Dryz holds no further liability for the condition or whereabouts of those Items thereafter.
16.12. The Dryz Entities disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including:
(a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and
(b) any warranty arising out of course of dealing, usage, or trade.
16.13. The Dryz entities do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
16.14. No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding any of the Dryz entities or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, your dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.
16.15. Some jurisdictions may prohibit a disclaimer of warranties and you may have other rights that vary from jurisdiction to jurisdiction.
17. Limitation of Liability
17.1. In no event will the Dryz entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Dryz entity has been informed of the possibility of damage.
17.2. You agree that if any lawsuit or court proceeding is permitted under this agreement, the aggregate liability of the Dryz entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the lesser of:
(a) ten (10) times the amount you have paid to Dryz for the cleaning of specified items in question under the claim; or
17.3. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the above limitation may not apply to you.
17.4. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is to allocate the risks under these terms between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this clause 17 will apply even if any limited remedy fails of its essential purpose.
18. Governing Law
18.1. These Terms are governed by the laws of the laws of Victoria, Australia without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Dryz agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Melbourne, Victoria for the purpose of litigating any dispute. We operate the Service from our offices in Melbourne, Victoria, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
19.2. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.
19.3. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.
19.4. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself.
19.5. Use of clause headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision.
20. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).
A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:
(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Institute of Victoria or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
20.5. Termination of Mediation
If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21. No Class Actions
21.1. You and Dryz agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Dryz agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding
22. Venue and Jurisdiction
22.1. The Services offered by Dryz is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
23. Independent Legal Advice
23.1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24.1. If any part of these terms is found to be void or unenforceable by any court of competent jurisdiction that part shall be severed and the rest of the Terms shall remain in force.
25. Consent to Electronic Communications
26. Contact Information
The Service is offered by Dryz Pty Ltd. You may contact us by emailing us at firstname.lastname@example.org