MOBILE APP TERMS AND CONDITIONS OF USE


1. About the App and Site

1.1 Welcome to iBAG intelligent drycleaning (‘IBAG’) Moble App (the 'App') and website www.ibag.com.au (the ‘Site’). The App and Site provide you with an opportunity to browse and order various services that have been made available on the App and Site including Dry Cleaning, Laundry, Garment Repairs & Alteration and other garment related services (the 'Services').

1.2 The App and Site is operated by IBAG INTELLIGENT DRYCLEANING PTY. LTD. (ABN 61 6151 78035). Access to and use of the App and Site, or any of its associated Products or Services, is provided by IBAG. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the App and Site, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App and Site, or any of its Services, immediately.

1.3 IBAG reserves the right to review and change any of the Terms by updating this page at its sole discretion. When IBAG updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

Please read the following terms and conditions carefully. You acknowledge that you have read, understood and accept the Terms by using or browsing the App and Site. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by IBAG in the user interface. If you do not agree to these terms and conditions you must not use the App and Site, and any subscription to the App or Site should be aborted.

3.1 In order to access the Services, you must first register for an account through the App or Site (the 'Account').

3.2 As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

3.3 You warrant that any information you give to IBAG in the course of completing the registration process will always be accurate, correct and up to date, including billing details.

(a) Name

(b) Email address

(c) Mailing address

(d) Delivery address

(e) Telephone number

(f) Credit Card details

3.4 Once you have completed the registration process, you will be a registered member of the App and Site ('Member') and agree to be bound by the Terms.

3.5 You may not use the Services and may not accept the Terms if:

(a) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

(b) You have been removed or suspended from the service in the past; or

(c) You are not of legal age (18) to form a binding contract with IBAG

4.1 As a Member, you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by:

(i.) the Terms; and

(ii.) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify IBAG of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the App and Site is limited, non-transferable and allows for the sole use of the App and Site by you for the purposes of IBAG providing the Services;

(e) access and use of the App and Site by you on behalf of an entity, organisation or company, you represent and warrant that you have the authority to bind that organisation to these Terms, and you agree to be bound by these Terms on behalf of that organisation.

(f) you will not use the Services or the App and Site in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of IBAG;

(g) you will not use the Services or App and Site for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email, data mining, scraping, or unauthorised framing of or linking to the App and Site nor will you interfere with security features including hacking or interfering with IBAG’s networks, equipment, servers or violating the terms of our hosting partners, Microsoft Azure;

(h) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App and Site without notice and may result in termination of the Services. Appropriate legal action will be taken by IBAG for any illegal or unauthorised use of the App and Site; and

(i) you acknowledge and agree that any automated use of the App and Site or its Services is prohibited.

(j) You will engage in Acceptable Use of the App and Site, and the Services, by:

(i.) Ensuring that an iBAG representative is able to collect your items at the time they have been marked for collection in the App or Site, and that the driver can easily deliver your items at the time identified by the App or Site. In the event the above cannot be achieved, iBAG reserves the right to withhold collection or delivery.

(ii.) Not providing iBAG with any hazardous or dangerous items

(iii.) Not engaging in inappropriate, offensive, misleading or deceptive behavior towards IBAG’s related parties including its agents and representatives

(iv.) Not repeatedly placing bookings and then cancelling them, or placing false bookings

5.1 Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:

(a) (a)Credit Card Payment ('Credit Card')

5.2 All payments made in the course of your use of the Services are made using Stripe. In using the App and Site, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their App and Site.

5.3 You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee. This may also result in your items that have undergone Services, not being returned until full payment for the Services have been received.

5.4 You agree and acknowledge that IBAG can vary the Services Fee at any time.

5.5 You agree that billing and contact information will not be false or fraudulent. iBAG reserves the right to terminate your access to the App, its Site and the Service, in addition to other legal remedies.

IBAG will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of IBAG makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').

7.1 The App and Site, the Services and all of the related products of IBAG are subject to copyright. The material on the App and Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App and Site (including but not limited to text, graphics, logos, button icons, video images, audio clips, App and Site, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by IBAG or its contributors.

7.2 All trademarks, service marks and trade names are owned, registered and/or licensed by IBAG, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the App and Site pursuant to the Terms;

(b) copy and store the App and Site and the material contained in the App and Site in your device's cache memory; and

(c) print pages from the App and Site for your own personal and non-commercial use.

(d) IBAG does not grant you any other rights whatsoever in relation to the App and Site or the Services. All other rights are expressly reserved by IBAG.

7.3 IBAG retains all rights, title and interest in and to the App and Site and all related Services. Nothing you do on or in relation to the App and Site 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),to you

7.4 You may not, without the prior written permission of IBAG 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App and Site, which are freely available for re-use or are in the public domain.

7.5 You may not reverse engineer, or try to discover the source code of any part of the App or Site

8.1 By using the App, Site, or Services provided by iBAG you consent to receiving communication from iBAG, or any of its representatives or agents, involved in providing the Services, or for marketing purposes. Further details on how we use your information is contained in our Privacy Policy. Communication may be in the form of:

(a) Phone calls

(b) Text Messages

(c) Email

(d) Push notifications to your device

(e) Direct messaging via the chat feature within the App

(f) Notes & information included with your items

IBAG takes your privacy seriously and any information provided through your use of the App and Site and/or Services are subject to IBAG's Privacy Policy, which is available at www.ibag.com.au/privacy

10.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

10.2 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) IBAG will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

10.3 Use of the App and Site and the Services is at your own risk. Everything on the App and Site and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of IBAG make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of IBAG, or delivery schedules and times either stated or implied) referred to on the App and Site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the App and Site, the Services, or any of its Services related products (including third party material and advertisements on the App and Site);

(c) costs incurred as a result of you using the App and Site, the Services or any of the products of IBAG; and

(d) the Services or operation in respect to links which are provided for your convenience.

10.4 By using the App, Site, or Services provided by iBAG you acknowledge and accept:

(a) that iBAG follows the guidelines as set out by the Drycleaning Institute of Australia’s International Fair Claims Guide for Consumer Textiles Products with respect to damage or loss of textiles, whilst in the care of iBAG, and where iBAG is deemed to be at fault.

(b) Where you believe an item has been damaged as a result of undergoing the Services provided by iBAG, you must contact iBAG within 5 business days, in writing on hello@ibag.com.au, from when the order was delivered to initiate a review process.

(c) iBAG cannot be held responsible for your items until they are collected by an iBAG representative. Similarly, once your items have undergone Services and are returned to the intended delivery location iBAG can no longer be held responsible for these items. iBAG will accept no responsibility for items whilst they are left unattended, or in the care of a third party either before collection, or after delivery.

(d) iBAG will provide your first iBAG garment bag, upon registration of your account, for free. Any subsequent requests for an additional iBAG, or a replacement iBAG, will incur a $10 fee, except in the event where the bag has failed as a result of a manufacturing defect, and not as a result of overuse, mishandling, or damage, by you.

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of IBAG. Competitors are not permitted to use or access any information or content on our App and Site. If you breach this provision, IBAG will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

12.1 IBAG's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

12.2 You expressly understand and agree that IBAG, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13.1 The Terms will continue to apply until terminated by either you or by IBAG as set out below.

13.2 You may discontinue your use of the Services or the App or Site at any time by removing the configuration from your device

13.3 If you wish to terminate the Terms, you may do so by:

(a) Notifying iBAG that you wish to cancel your account in writing by contacting iBAG at support@ibag.com.au

(b) You agree that iBAG does not accept any responsibility with respect to the termination of the Services

13.4 IBAG may at any time, terminate the Terms with you if:

(c) you have breached any provision of the Terms or intend to breach any provision;

(d) IBAG is required to do so by law;

(e) the provision of the Services to you by IBAG is, in the opinion of IBAG, no longer commercially viable

13.5 Subject to local applicable laws, IBAG reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App and Site or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts IBAG's name or reputation or violates the rights of those of another party.

14.1 You agree to indemnify IBAG, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the App and Site or attempts to do so; and/or

(c) any breach of the Terms.

15.1 Compulsory:
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 sought).

15.2 Notice:
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.

15.3 Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

(a) Within 30 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, 30 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.

15.4 Confidential:
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.

15.5 Termination of Mediation:
If 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.

The Services offered by IBAG are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the App and Site, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

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.

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

Last Updated: 22nd January 2019

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