Terms & Conditions
EXECUTIVE SUMMARY OF WASHARE TERMS AND CONDITIONS
This is a summary of the terms and conditions applicable to customers using the washare app. It should not be a substitute for reading the full version below.
We are Washare Limited, a company incorporated and registered in England and Wales with company number 11638614 and with our registered office at Berkeley Square House, Berkeley Square, London, W1J 6BD, United Kingdom. Henceforth we are referred to as “We”, “Us” or “Washare”. You are, subject to your registration, a “Customer” or “You”.
We operate the cashare mobile application, the washare mobile application and the website at www.washare.com, via which You can request laundry, ironing and other services from third party service providers.
We are responsible for: (i) providing a platform via which You may request and receive Cleaning Services from Service Providers; and (ii) receiving and dealing with feedback, questions and complaints relating to accepted bookings. We will collect payments from You and successful receipt of payment from You will discharge your debt to the relevant Service Provider. We will then make payment to the relevant Service Provider after deducting any charges due from them to us.
All Cleaning Services are provided by Service Providers as independent third party contractors who are not employed or otherwise engaged by Washare. The Service Providers are responsible for the Cleaning Services which they provide to You and the contract for those Cleaning Services is between You and the Service Provider. We are not liable to You for the Cleaning Services You receive from the Service Providers. However, please let us know if You encounter a problem or if the Cleaning Services You receive fall short of your expectations and we will do our best to help.
You have a number of obligations to Us in return for receiving the Platform Services. These are set out in detail in the full version below but the most important one is that You agree to pay all applicable charges.
Please read these Terms carefully and make sure You understand them before You use the Platform Services and/or request Cleaning Services via the Washare App as they will apply to your relationship with Washare and with Service Providers. Amongst other things, these Terms restrict our liability to You in certain circumstances (see clause 9 below for details). If You do not agree with these Terms, You must not use the Platform Services or request Cleaning Services from Service Providers.
These Terms may change from time to time and it is the current version available on the Washare App which will apply to the Cleaning Services when You request a Booking. We will notify You of changes to these Terms by email at the email address which You have provided upon registering your account with Us. It is up to You to notify Us of any changes to your chosen email address – if You wish to do so, please get in touch at [email protected] and We will be happy to help.
FULL VERSION OF WASHARE TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
- Account: the electronic account created by You to register your access to the Platform Services.
- Booking: a booking made by You on the Washare App for Cleaning Services.
- Cashare App: our mobile application called “Cashare” whereby persons registered and approved by Us create a pool of Service Providers who can agree to provide Cleaning Services to Customers.
- Charges: has the meaning given in clause 1.
- Cleaning Contract: the contract which You will have with a Service Provider for Cleaning Services, as entered into by You via the Washare App and by the Service Provider via the Cashare App.
- Cleaning Services: the services as listed on the booking form available on the Washare App from time to time (including, by way of example, laundry and ironing) and provided by Service Providers to You in accordance with these Terms.
- Customer: a consumer user who is registered on our Washare App in order to receive Cleaning Services under a Cleaning Contract.
- Platform Services: the services provided by Washare to You from time to time under these Terms including: (i) the provision of a platform via which You may make Bookings with Service Providers; (ii) keeping records of Bookings; (iii) receiving and dealing with feedback, questions and complaints relating to Bookings; and (iv) arranging payment for Cleaning Services to Service Providers on your behalf.
- Service Provider: a person who is registered on the Cashare App to provide Cleaning Services and with whom You may enter into one or more Cleaning Contracts.
- Terms: these terms and conditions applicable to Customers using the Washare App, as amended by Us from time to time.
- Wallet: the digital wallet assigned to your Account which can be credited by Washare with penalties and other amounts owing to You and from which amounts owing in relation to Bookings can be deducted.
- Washare App: our mobile application called “Washare” via which Customers can request and book Cleaning Services.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail and notifications via the Washare App.
1.3 In these Terms, the words “including” and “include” mean “including, but not limited to”.
2. Availability, Errors and Inaccuracies
We are constantly updating the scope of the Platform Services. The products or services available as part of the Platform Services may be mispriced, subject to inaccuracies, or unavailable, and We may experience delays in updating information relating to the Platform Services and in our advertising on other websites or platforms including on the Washare App. To the maximum extent permitted by applicable law, You expressly agree that any offer of an opportunity to receive a product or service from a Service Provider does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. This section “Availability, Errors and Inaccuracies” does not affect your statutory rights.
3. Your Account and Use of Personal Information
3.1. To use or access the Platform Services, You will need to create and register an account via the Washare App. You must be at least 18 years of age to create an Account.
3.2. Account registration requires You to submit to Washare certain personal information, such as your name, address, email address and mobile telephone number, as well as at least one valid method to make payment being a bank account held with a UK Bank. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Platform Services or Washare’s termination of your Account. Unless otherwise permitted by Washare in writing, You may only possess one Account. You may not authorise any third party to use your Account.
3.3. Your Account will be accessed through a username chosen by You and a password chosen by You when creating your Account. You are able to change your password from time to time at your convenience. At all times, You are responsible for safeguarding and protecting the password that You use to access your Account and for any activities or actions relating to your password.
3.4. We are not responsible for any loss or damage arising from unauthorised access to your password or Account as a result of any non-compliance with these Terms.
3.5. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
3.6. You may not use, as a username, the name of another person or entity or any username that is not lawfully available for use such as (without limitation) a name or trade mark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
3.7. We have the right to disable any username or password at any time if, in our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
3.8. By creating an Account, You agree that Washare may send You notifications through the Washare App, through e-mail or through text (SMS) messages as part of the normal business operations of the Platform Services.
3.9. In certain instances You may be asked to provide proof of identity to access or use the Platform Services or for the receipt of Cleaning Services from a Service Provider, and You agree that You may be denied access to or use of the Platform Services or refused permission to receive Cleaning Services if You refuse to provide proof of identity.
3.10. We will use your personal information provided to Us by You to:
- provide the Platform Services; and
- process your payment of the Charges and any payments to You in accordance with these Terms.
3.11. We will not give your personal data to any third party including Service Providers who will be able to communicate with You through the Washare App for the performance of the Cleaning Contract. To that extent, Service Providers will have limited access to information and content featured on your Account.
4. User Generated Content and Acceptable Use Policy
4.1. If and where the functionality of the Washare App allows, You may (via your Account) submit, upload, publish or otherwise make available feedback about Service Providers. Any such content provided by You through your Account remains your property. However, by providing this content to Washare, You agree to grant Washare a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
4.2. We reserve the right to refuse to publish any such content provided by You (or remove without notice any previously published content) if it does not adhere to our Acceptable Use Policy. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) content provided by You. We also reserve the right to close your Account and/or ban You from being able to post user generated content via the Washare App if You breach the terms of our Acceptable Use Policy.
4.3. You hereby acknowledge and accept that the Cashare App includes a reviewing function which, when enabled, permits Service Providers to post feedback about their interaction with individual Customers. You should note that this function may not be opted out from and may from time to time contain negative reviews and/or feedback from Service Providers, which is outside Washare’s control. Views and opinions expressed by Service Providers are those of the individual submitting the user generated content, not those of Washare and We accept no responsibility for such user generated content. However, if You find any user generated content on the Washare or Cashare Apps to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at [email protected] with the subject heading “Objectionable Content”. On receipt of your complaint We may remove, amend or block access to the user generated content complained of.
4.4. Subject to applicable law, Washare may, but shall not be obligated to, review, monitor, or remove any such content at Washare’s sole discretion and at any time and for any reason, without notice to You.
5. Third Party App Store Services
Apple Inc. and Google Inc. (and/or their applicable international subsidiaries and affiliates) will be third-party beneficiaries to these Terms if You access the Platform Services using an application developed for Apple iOS or Android powered mobile devices respectively. These third party beneficiaries are not responsible for the provision or support of any services available via the Washare App. Your access to the Platform Services using these devices is subject to the terms set out in the applicable third party beneficiary’s terms of service.
6. Termination of your Account
6.1. We may terminate or suspend your Account immediately on notice, without prior notice or liability, for any reason whatsoever at our sole and absolute discretion, including if You breach these Terms. Termination of your Account means that You will not be able to use or access the Platform Services offered via the Washare App. Upon termination, your right to access the Platform Services will immediately cease and, the value of the Wallet in your Account shall be returned to your bank account specified pursuant to clause 3.2 less:
- any amounts that We are entitled to retain or deduct in accordance with these Terms including under clause 13; and
- a reasonable deduction in respect of our administration costs for the closure of your Account.
6.2. If You wish to terminate your Account, You may do so at any time, provided that, at such time, You do not have any ‘live’ Bookings.
6.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including warranty disclaimers, indemnities and limitations of liability.
6.4. Our right to terminate your Account as per 6.1 is without prejudice to any of your statutory rights.
7. The provision of the Platform Services
7.1. Washare provides the Platform Services to You. The Platform Services include:
- Facilitating Bookings requested by You in accordance with these Terms and accepting such Bookings as the disclosed agent of the relevant Service Provider, thereby giving rise to a Cleaning Contract between You and the relevant Service Provider, but without prejudice to Washare’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted Booking;
- Monitoring the progress of the Cleaning Contract booked via the Washare App through input by the Service Provider;
- Keeping records of Bookings; and
- Receiving and dealing with feedback, questions and complaints relating to Bookings made by You.
8. Your Cleaning Contract with the Service Provider and Your Obligations
8.1. Washare is not a provider of laundry, ironing or other similar services and does not undertake the Cleaning Services. Washare provides a technology platform that enables registered Service Providers and Customers to respectively provide and receive services including laundry and ironing through an onward Cleaning Contract made between a Service Provider and a Customer.
8.2. The Cleaning Services are provided by an individual Service Provider under a Cleaning Contract which is between You and the relevant Service Provider through your use of the Platform Services.
8.3. Washare is not a party to the Cleaning Contract and acts as a disclosed agent for the Service Provider in communicating the Service Provider’s agreement to enter into a Cleaning Contract with You.
8.4. All Cleaning Services are provided by Service Providers as independent third party contractors who are not employed or otherwise engaged by Washare.
8.5. You acknowledge and agree that:
- Washare is not obliged to verify the identity or otherwise investigate or carry out any background checks on any Service Provider and that You are solely responsible for your physical and mental safety and security in respect of any interaction with a Service Provider;
- You will remain calm, polite and courteous to all Service Providers;
- You will inspect all garments cleaned by a Service Provider before You depart the point of collection (if under the Cleaning Contract You collect your clothing) or they depart your premises (if under the Cleaning Contract your clothing is dropped off to You by the Service Provider);
- You will promptly notify Us of any complaints that You have about a Service Provider or other third party in relation to the Cleaning Services by emailing us at [email protected]; and
- Once You have entered into a Cleaning Contract with a Service Provider, You agree not to enter into any arrangement for the receipt of equivalent or similar services with that Service Provider other than through the Washare App.
9. Limitation of Liability – Please read carefully
9.1. Subject to clause 9.2, Washare’s maximum aggregate liability to You under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £100. Further, Washare will not be liable to You in any way (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for:
- any request for a Booking that has not been accepted or which is cancelled by the Service Provider (except to the extent set out in clause 12);
- any loss of or damage to your or any other person’s property (including items of clothing) arising out of or in connection with the Service Provider’s performance of the Cleaning Services;
- any loss, damage, costs, expenses or liability suffered by anyone other than You in connection with your use of the Washare App;
- any loss of income or profits, loss of contracts, loss of opportunity, loss of business or goodwill, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising (even if Washare has been advised by You of the possibility of such loss or damage); or
- any other loss, damage, costs, expenses or liability that You suffer in connection with the Platform Services, save to the extent that Washare fails to perform its obligations to You with that degree of skill and care which would reasonably and ordinarily be expected from a diligent and professional provider of services similar to the Platform Services.
You agree that the limitations set out in this clause 9.1 are fair and reasonable having regard in particular, to the fact that the Washare App and the Platform Services are provided to You free of charge and that Washare only receives a fee in the event that You enter into, and receive Cleaning Services under, a Cleaning Contract.
9.2. Nothing in these Terms shall exclude or in any way limit Washare’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.
10. Applicable Law
10.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales.
10.2. Any dispute, claim or matter of difference arising out of or relating to these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
11.1. Your request and receipt of Cleaning Services from a Service Provider will result in charges to You in the amount detailed on the Washare App at the time You request a Booking (the “Charges”).
11.2. Before requesting any Booking You must load your Wallet with sufficient funds to cover the cost of the requested Cleaning Services in full. The minimum amount that You can load onto your Wallet in any one transaction is £10.00.
11.3. After You have received the Cleaning Services under a Cleaning Contract, We will facilitate your payment of the Charges to the Service Provider as disclosed payment agent for You and as disclosed collection agent for the Service Provider.
11.4. Payment of the Charges in the manner described in clause 11.1 shall be considered the same as payment made directly by You to the Service Provider. Charges and payment of the Charges will be inclusive of applicable taxes (including VAT). Charges paid by You are final and non-refundable, unless otherwise determined by Washare acting reasonably.
11.5. As between You and Washare, Washare reserves the right to establish, remove and/or revise Charges for any or all the Platform Services and/or the Cleaning Services at any time in Washare’s sole discretion. Further, You acknowledge and agree that Charges may fluctuate substantially during times of high or low demand for Service Providers whether generally or in any particular geographic area.
11.6. Washare may from time to time provide certain Customers with promotional offers and discounts that may result in different amounts charged for the same or similar services offered via the Washare App. You agree that such promotional offers and discounts, unless also made available to You, shall not apply to the Charges payable by You.
11.7. Washare may deduct from your Wallet any amounts payable by You where the circumstances set out in clause 13 apply.
12. Delay or Cancellation of a Booking by a Service Provider
12.1. A Service Provider may cancel a Cleaning Contract within five (5) minutes of the Booking being made by You. If a Service Provider cancels a Cleaning Contract after that period the Service Provider will be charged a cancellation fee of £3.00, which shall be payable to You. A Service Provider may not cancel a Cleaning Contract once they have received the items which are the subject of the Cleaning Services.
12.2. If the Service Provider fails to accept the items for cleaning or fails to collect the items for cleaning from You (as applicable) within one (1) hour of the due time for their delivery or collection (as applicable), the Service Provider will be charged 50 pence per hour of delay (or part thereof), all of which shall be payable to You. If there is a delay of two hours or more, the Cleaning Contract shall be deemed cancelled and the Service Provider shall also be charged a cancellation fee of £3.00, which shall be payable to You.
12.3. If the Service Provider fails to provide the Cleaning Services under the Cleaning Contract, they will be charged a cancellation fee of £3.00, which shall be payable to You.
12.4. If the Service Provider fails to return the items to You within one (1) hour of the due time for their return, the Service Provider will be charged £3.00 per day of delay (or part thereof) up to a maximum amount of £100.00, of which shall be payable to You.
13. Delay or Cancellation of a Booking by You
13.1. IMPORTANT NOTE: THIS CLAUSE CONTAINS DETAILS OF CHARGES PAYABLE BY YOU WHERE YOU CAUSE A DELAY OR CANCEL A BOOKING. ANY CHARGES PAYABLE WILL BE DEDUCTED FROM YOUR WALLET.
13.2. You may cancel a Booking within five (5) minutes of placing it. If You cancel after that period, You will be charged a cancellation fee of £3.00, which shall be payable to the Service Provider.
13.3. If You fail to deliver the items to the Service Provider or enable collection of the items by the Service Provider within one (1) hour of the due time for their delivery or collection (as applicable), You will be charged 50 pence per hour of delay (or part thereof), which shall be payable to the Service Provider. If there is a delay of two hours or more, the Cleaning Contract shall be deemed cancelled and You shall also be charged a cancellation fee of £3.00 which shall be payable to the Service Provider.
13.4. You may not cancel a Cleaning Contract once the Service Provider has received the items which are the subject of the Cleaning Services.
13.5. If You fail to collect the items from the Service Provider within one (1) hour of the due time for their collection, You will be charged £1.00 per day of delay (or part thereof) up to a maximum amount of £30.00 which shall be payable to the Service Provider. If there is a delay of more than 30 days, the Service Provider shall be entitled to dispose of the items without any liability to You.
13.6. Any amounts payable by You under this clause 12 shall be deducted from your Wallet [or, if insufficient funds are in your Wallet, from any subsequent payments to You to which You would otherwise be entitled to receive]. This right of deduction is in addition to any other rights or remedies we may have under these Terms, including under clause 15.
14. Resolving Issues and Complaints Handling
14.1. We care about your experience and want to ensure the highest standards possible and so if you would like to make a complaint about one of Service Providers or the Cleaning Services, please email us at [email protected] and we will do our best to help.
14.2. Following receipt of a complaint we will contact the relevant Service Provider to try and resolve the issue on your behalf. If we are unable to resolve the issue following contact with the Service Provider, if we consider it to be fair in all the circumstances, we may at our sole discretion elect to:
- where the dispute relates to the quality of performance of the Cleaning Contract but does not involve damage to or loss of your clothing, credit your Wallet with an amount that we consider reasonable in the circumstances (which shall in no circumstances be greater than the amount paid by You for the Cleaning Contract); or
- where the dispute relates to damage to or loss of your clothing, credit your Wallet with a sum equal to the replacement cost value of the lost or damaged items (subject to a limit of £50.00 per item and a combined limit of £100.00 for each Cleaning Contract).
- IMPORTANT NOTE: PLEASE BEAR IN MIND THAT WHILE WE TAKE ALL COMPLAINTS ABOUT OUR SERVICE PROVIDERS VERY SERIOUSLY AND WILL ALWAYS DO WHAT WE CAN TO HELP TO RESOLVE THEM, WE ARE NOT RESPONSIBLE TO YOU FOR THE CLEANING SERVICES PROVIDED BY THE SERVICE PROVIDERS AND ARE UNDER NO OBLIGATION TO CREDIT YOUR WALLET OR PROVIDE YOU WITH ANY FORM OF REFUND IN THE EVENT YOU ARE DISSATISFIED WITH THE CLEANING SERVICES THAT YOU HAVE RECEIVED FROM OUR SERVICE PROVIDERS.
15.1. The Platform Services are provided “as is” and “as available”. Washare disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties. In addition, Washare makes no representation, warranty or guarantee regarding the reliability, timeliness, quality and suitability or availability of the Platform Services, or that the Platform Services will be uninterrupted or without error.
15.2. You agree to indemnify and hold Washare harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your receipt of the Cleaning Services by a Service Provider; (ii) your breach of any of these Terms; (iii) Washare’s use of your content as described in clause 4.1 above; or (iv) your violation of the rights of any third party, including third party Service Providers.
16.1. You may not assign or transfer these Terms in whole or in part without Washare’s prior written approval. You give your approval to Washare for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Washare’s equity, business or assets; or (iii) a successor by merger or acquisition.
16.2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall, insofar as it is severable from the remaining provisions, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining provisions.
16.3. Except as otherwise set out in the section above entitled “There are other terms that may apply to you”, these Terms constitute the entire agreement between You and Washare and supersede any and all prior agreement, understanding or arrangement between You and Washare, whether oral or in writing, to the fullest extent permitted by law.
16.4. The failure of either party to enforce or to exercise at any time or for any period of time any provision of or any right pursuant to these Terms does not constitute, and shall not be construed as, a waiver of such provision or right and shall in no way affect that party’s right later to enforce or to exercise it.
16.5. A person who is not a party to these Terms has no right to enforce any provision of these Terms.