Last Revised Feb, 2022
1. CONTRACTUAL RELATIONSHIP WITH HAMPERAPP
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS RELATING TO THE USE OF HAMPERAPP THE SITE AND ITS SERVICES BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS OFFERED THROUGH HAMPERAPP. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS, OR USE THIS WEBSITE OR THE PRODUCTS OR SERVICES OFFERED HEREIN.
These terms and conditions (“Agreement”) apply to Hamperapp, LLC.’s (“HamperApp”) website (www.hamperapp.com) and the related mobile application and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”). As used in this Agreement, “HamperApp,” “we,” “us,” or “our” shall mean Hamperapp, LLC.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given (i) by notification through our website or mobile applications or by e-mail, or (ii) by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. THE SERVICES
HamperApp is an on-demand laundry and dry-cleaning delivery service that enable users to schedule their laundry and/or dry cleaning delivery using HamperApp’s mobile applications or website which is provided as part of the Services (each of the mobile application and the website is an “Application”). After scheduling the reservation using the Application, a service partner, working with HamperApp, will pick up, process, and deliver the user’s laundry and/or dry cleaning.
OWNERSHIP AND RESTRICTIONS ON USE OF MATERIALS
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by HamperApp. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.
Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to HamperApp.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract Materials from this website. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of HamperApp’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by HamperApp.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by HamperApp. HamperApp does not transfer title to the Software to you. HamperApp retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of HamperApp or such other party as may own the proprietary rights.
Subject to your compliance with the terms of the Agreement, HamperApp grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related Materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by HamperApp and HamperApp’s licensors.
4. USE OF THE SERVICES
A. User Requirements and Conduct
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least eighteen (18) years of age to obtain an Account. Account registration requires you to submit to HamperApp certain personal information, such as your name, address and mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or HamperApp’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by HamperApp in writing, you may only possess one Account.
The Service is not available for use by persons under the age of eighteen (18). You may not authorize third parties to use your Account, and you may not allow persons under the age of eighteen (18) to use the Services unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. In certain instances HamperApp or a Third Party Contractor may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
B. E-Mails and Text Messages
By creating an Account, you agree that the Services may send you informational text (SMS) messages and electronic mail (e-mail) as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages and electronic mail (e-mail) from HamperApp at any time by sending a request to support@Hamperapp.com or by replying “STOP” to any message you receive. You acknowledge that opting out of receiving text (SMS) messages and electronic mail (e-mail) may impact your use of the Services.
C. Promotional Codes and Special Offers
HamperApp may, in HamperApp’s sole discretion, create promotional codes and discount offers that may be redeemed for Account credit or other features or benefits related to a Third Party Contractors, subject to terms that HamperApp may establish on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by HamperApp, in advance in writing; (iii) may be disabled by HamperApp at any time for any reason without liability to HamperApp; (iv) are not valid for cash; and (v) may expire prior to your use. HamperApp reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that HamperApp determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of the Agreement.
D. Service Fees and Minimum Price Order
HamperApp’s service fees and minimum order price as cited on HamperApp’s Services and may change from time to time.
E. Network Access and Devices
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. HamperApp does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
F. Additional Rules of Use
· You may display and, unless otherwise stated, electronically copy, download and print hard copy portions of the material from the Application solely for your own noncommercial use. Any other use of materials on the Application is not allowed without prior written permission of HamperApp. The Application is intended for your personal use only. You are responsible for all use of the Application by you and by those you allow to use, or provide access to, the Application.
· You may not send through the Application content containing solicitations of money or services.
· You may not send through the Application content containing viruses, Trojan horses, worms, bots, malware, spyware or any other computer code that is intended to damage, interfere with, or surreptitiously intercept or expropriate any system, data or information.
· You may not provide to or post on or through the Application any graphics, text, photographs, images, video, audio, or other material that constitutes junk mail, spam, advertising, adware, chain letters, pyramid schemes, and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
· You acknowledge that we may place heat seal labels on your clothes for tracking purposes.
· You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Application or any of our social media pages any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the Application.
· You further agree not to use any sexually explicit language or to provide to or post on or through the Application any graphics, text, photographs, images, video, audio or other material that is sexually explicit. Do not engage in "cyber-sex" (i.e., virtual or simulated sex") or solicit another to participate in "cyber-sex" on or through the Application.
· You may not provide to or post on or through the Application any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone's privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Application only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Do not provide to or post on or through the Application any graphics, text, photographs, images, video, audio or other material that includes instructions for weapon and/or explosive manufacture or use.
· You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on or through the Application does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
· The Application may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (collectively, “Assets”). The Assets are protected by state, national and international copyright, trademark and other intellectual property laws. Nevertheless, we (and our licensors) grant to you the limited, non-exclusive, right and license to use the Assets solely as described on the App, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices
· The Application also contains other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by HamperApp or its licensors and is not clearly identified as, or intended, for your use, including without limitation the organization, design, compilation, and “look and feel” of the App, and advertising thereon (collectively, “Application Content”). The Application Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of HamperApp or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such Application Content, including but not limited to the removal or alteration of advertising, is strictly prohibited. HamperApp grants you a limited, non-exclusive, non-transferable, revocable license to download and use the Application Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the Program except as expressly provided for in this Agreement.
· You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the Application, including without limitation the Assets or Application Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, HamperApp or the Application.
· You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Application or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Application.
· You may not attempt to gain unauthorized access to HamperApp’s servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Application or otherwise.
G. Laundry Weight and Items
· After you have scheduled your pick-up order with Hamperapp, our trained staff members will pick-up your items, weigh them (for wash and fold orders) and/or count and itemize your garments (for dry cleaning orders). The total weight and/or items recorded by Hamperapp will be uploaded to our system and you will receive a notification with the weight and/or number of items in your order. Occasionally customers may use uncalibrated home scales to weigh their items or miscount the amount of items they place in their bags. If you have any disagreements with the weight and/or item count added to your cart, please feel free to reach out to Hamperapp at support@HamperApp.com. We will review your order, reconfirm the weight and/or item counts and respond to you with any updates. However, by using our Services you agree that Hamperapp has the ultimate and final determination of what the total weight and/or item count is for your order. You further agree that once Hamperapp determines the total weight and/or item count that you will not dispute this charge with your credit card company or request any refunds or account credits.
5. DAMAGED OR LOST ITEMS
It is HamperApp’s priority to supply the best care to your garment and we appreciate your trust.
A. Missing Items
While it is never our intention for an item to go missing, even under the best supervision it can happen. If there is ever a missing item when your order is returned to you, please let us know immediately by calling our customer service team at +1(412)927-4669 or by emailing us at support@HamperApp.com. Notifying the driver or our Third Party Contractor or notifying HamperApp via SMS is insufficient. In order to be eligible to receive reimbursement, any missing item must be reported to our customer service team within twenty-four (24) hours of the delivery of the order, in order to ensure the maximum likelihood that it may be located. All claims are reviewed on a case-by-case basis. Items are considered lost ten (10) business days after the initial claim has been made. All decisions on lost items are in HamperApp’s sole discretion and are final.
B. Reimbursement Guidelines
For Wash and Fold/Hang Dry, Dry Cleaning and laundered shirts, any reimbursement for an item or order deemed lost by HamperApp shall be limited to and shall not exceed five (5) times the charge for cleaning the lost item (not inclusive of tax and other fees) regardless of brand, price or condition of the garment, or Five Hundred Dollars ($500.00), whichever is lower. To the fullest extent permitted by law, HamperApp’s aggregate liability in connection with a lost item shall not exceed the foregoing amount. HamperApp’s offer for reimbursement is valid for seven (7) business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case-by-case basis. All decisions on lost items are in HamperApp’s sole discretion and are final.
Exceptions to this missing items policy include:
· Socks, which will be reimbursed at $5 per pair in HamperApp credit, regardless of brand, price or condition
· HamperApp does not accept liability for any personal laundry bags that are not HamperApp branded bags
· HamperApp does not take responsibility for any loose items lost when submitted in a HamperApp bag, such as watches, jewelry, cufflinks, money, wallets, etc. and shall have no liability for such items.
· HamperApp additionally is not liable for damage caused by you not selecting the correct service when placing an order (e.g. selecting wash and fold instead of dry cleaning, forgetting to add hang dry service), or when items are sent in incorrect bags (e.g. dry cleaning placed inside a labeled wash and fold bag). HamperApp is also not liable for damage caused by, but not limited to loose items like pens, crayons, eyeliner and lipstick.
· Any damaged items must be reported by calling us at +1(412)927-4669 or by emailing us at support@HamperApp.com within twenty-four (24) hours of delivery of the order. Notifying the driver or our Third Party Contractor or notifying HamperApp via SMS is insufficient. All damaged items must be inspected by HamperApp through digital photos of each damaged item, within seven (7) days of delivery of the order. All decisions on damaged items are in HamperApp’s sole discretion and are final.
C. Damaged Items
Although we do our best to prevent any damages to your garment, unfortunately every garment, regardless of brand or quality, will wear out over time, and there is nothing HamperApp can do to predict when this will happen, or prevent it. For damage related to normal wear and tear, HamperApp does not provide reimbursement or compensation.
Per industry standards, the following are considered to be normal wear and tear:
· Shrinkage from repeated laundering
· Color fading
· Small holes or tears
· Discoloration caused by hygiene or beauty products (deodorant, perfume, cologne)
· Button damage
· Thinning of fabric
D. Hang Dry
Because hang dry items are not being placed in a dryer, we cannot guarantee that the items will return fully dry by the time it is scheduled for delivery. We recommend removing any plastic or packaging from your hang dry items and hanging them up to let them continue drying once you receive your order. Due to the turnaround and the thickness of certain items, the items may have a “musty smell.” Please keep this in mind when creating orders with longer turnaround that also include hang dry.
Hang dry items are placed on plastic hangers and are placed in front of fans in our facilities to help expedite and facilitate drying. In this process, it is possible for color bleeding to occur. HamperApp is not liable for any color bleeding caused by the hang dry process.
E. Leather Item(s) Processing Consent
Suede and leather garments being made of animal skins sometimes have inherent defects that may not be apparent before cleaning. In addition to the effects of normal wear, there are other conditions you should be aware of. Some skins may have weak or thin areas that can chafe during processing. Prior exposure to heat and moisture can make skins tender, stiff, or brittle. Fading may not be totally corrected by dyeing. Some stains may not be removable. Color uniformity cannot be assured if skins were not originally matched evenly.
By submitting a leather good to HamperApp for Service, you agree that you have read the above inherent risks with processing all leather goods and you release HamperApp, its partners, Third Party Contractors and its affiliates from responsibility for any of the above conditions and any damage that may arise due to them.
F. Reimbursement Guidelines
For Wash and Fold/Hang Dry, Dry Cleaning and laundered shirts, any reimbursement for an item or order deemed lost by HamperApp shall be limited to and shall not exceed five (5) times the charge for cleaning the lost item (not inclusive of tax and other fees) regardless of brand, price or condition of the garment, or Five Hundred Dollars ($500.00), whichever is lower. To the fullest extent permitted by law, HamperApp’s aggregate liability in connection with a lost item shall not exceed the foregoing amount. HamperApp’s offer for reimbursement is valid for seven (7) business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case by case basis. All decisions on lost items are in HamperApp’s sole discretion and are final.
In order to receive reimbursement, the damaged item must be given to HamperApp to be inspected and subsequently donated. If you wish to keep your item, no reimbursement will be offered.
6. PICK UP AND DELIVERY
HamperApp’s goal is to provide valuable and timely service to all of our customers and partners. If you cancel a pickup less than 30 minutes before your requested time, rescheduled a delivery after the designated time for change (varies by location and city), or if our partners cannot deliver or pickup an order because you or your designee failed to appear, we may charge a cancellation fee in a reasonable amount (changes per location and city).
We hope to provide a convenient service to all our customers and can leave orders outside residences or with a doorman, provided the customer consents. However, once delivery has been made, we will not be held responsible or liable for the loss or damage of any items. It is the customer’s sole responsibility to ensure the safety of items after delivery by HamperApp. You have an option to ask us to leave your laundry and/or dry cleaning with a doorman or at another location, but HamperApp will not be responsible for any items lost as a result of this request.
7. INVENTORY AND UNCLAIMED ITEMS
HamperApp reserves the right to keep records of your garments and retain, store, display or reproduce such records which may include images or photographs, and associate such records with your name or other profile information for commercially reasonable periods for archival, inventory purposes, quality control, loss prevention, and or data collection.
B. Items Left Unclaimed
In accordance with Florida Statutes Chapter 715.03, entitled Laundries and dry cleaners; disposition of unclaimed articles:
If any person shall fail to claim any garment, clothing, household article, or other articles delivered for laundering, cleaning, or pressing to any laundry or dry-cleaning establishment for a period of thirty (30) days after the delivery of such article for laundering, cleaning, or processing, the laundry or dry cleaning establishment to whom the garment, clothing, or household article is delivered shall have the right to dispose of such garment, clothing, or household article by whatsoever means it may choose without incurring liability or responsibility to the owner provided, however, that before such laundry or dry cleaning establishment may claim the benefits of this section it shall at the time of the receiving of such garment, clothing, or household articles, give to the individual delivering such article notice in writing that the articles so delivered may be disposed of by such laundry or dry cleaning establishment unless such articles are reclaimed within thirty (30) days from date of delivery to such laundry or dry cleaning establishments. Provided, further, that if any garment, clothing, household article, or other articles referred to above is left at a laundry or dry cleaning establishment for storage, and insurance is charged for thereon, then, in that event, the said thirty (30) days, as set forth above in this section, shall not start to run until the period for which the article so insured has expired and when the time for which the insurance on said garment, clothing, or household article shall have expired then the laundry or dry cleaning establishment may dispose of the property as though no insurance had been placed on said property in the same way as is provided hereinabove in this section.
8. USER CONTENT AND INTERACTIVE AREAS
HamperApp may provide interactive opportunities in the Services, including, without limitation, user ratings and reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information, comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby grant to HamperApp an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Services and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in the Services throughout the world in all forms of media now known or hereafter invented in perpetuity (collectively, the “Uses”) and the right to, in HamperApp’s sole option and discretion, attribute such User Content to the user submitting the User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, notification or other additional consideration and to HamperApp’s disclosure of any information related to your use of the Services in any capacity in connection with HamperApp’s display of your User Content on the Services. You also agree to indemnify and hold HamperApp harmless from any claim or demand, including reasonable attorneys’ fees, made by any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
Some submissions or postings by users to certain parts of the Services, including, without limitation, Interactive Areas, will be public and posted in public areas on our Services. HamperApp and any contract or operational providers that conduct, operate and/or manage any portion of the Services will not be responsible for the action of any users or third parties with respect to any information, materials or content posted, uploaded or transmitted on the Services.
By participating in any of the aforementioned activities, all users agree to follow the Services standards of conduct. HamperApp reserves the right to change, delete or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. HamperApp will also cooperate with local, state and/or federal authorities to comply with applicable law.
9. NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES
By participating in any of the aforementioned activities, all users agree to follow any standards of conduct posted through the Services. Without limiting the foregoing, you shall not provide any User Content that is infringing, defamatory, unlawful, obscene, sexually explicit, harassing, threatening, abusive, illegal or otherwise improper. HamperApp reserve the right to change, delete or remove, in part or in full, any User Content in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we believe, in our sole discretion, violates acceptable use standards or interferes with other peoples’ enjoyment of our Services. HamperApp will also cooperate with local, state and/or federal authorities to comply with applicable law.
HamperApp reserves the right, in its sole discretion, to monitor any and all use of the Services.
10. VIOLATIONS OF THE AGREEMENT
HamperApp reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including the right to block access from a particular Internet address to the Services.
11. TERMINATION OF SERVICES
HamperApp reserves the right, in its sole discretion, to terminate your access to the Applications and Services or any portion thereof at any time. We will use commercially reasonable efforts to attempt to notify you of such termination. HamperApp reserves the right to cancel Services and/or your Account for cause, such as if a delivery site is unsuitable, inaccessible or unsafe, clothing containing offensive odors, unsanitary substances, due to force majeure or inappropriate or abusive activity by you or third parties. In the event of any termination, you will be responsible for paying for Services performed prior to termination.
The Agreement shall continue to apply for as long as you use the Services, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, our limitations of liability and the resolution of disputes through arbitration.
HamperApp currently offers various subscription types. When you purchase a subscription, auto-renew is automatically selected in your Account. At the end of each subscription period, you will automatically be signed up and scheduled for an additional subscription period until you cancel your subscription. If you do not wish your subscription to auto-renew, you may cancel your subscription at any time through your Account prior to the end of your current subscription term, or email us at support@HamperApp.com.
You agree that we may submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. Subscriptions are non-cancelable and non-returnable. You may change your auto-renewal preferences in your Account, but no refunds will be paid on any remaining subscription period. Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.
13. REFER A FRIEND
Refer a friend to HamperApp and receive credits for your next order if your friend completes an order. Your friend will get credits off their first order too! You can participate in the HamperApp Refer-A-Friend Program (“RAF Program”) by sending emails, texts, or social media communications to friends sharing your unique Referral Code. We do not reuse or sell the names or emails of friends and family that you have shared with us.
Your friend will be able to redeem their credits by inputting your referral code during registration. To qualify, your friend must: (1) download the app; (2) register for the app and input your referral code; and (3) complete their first order. Once your friend completes their first order, you will receive your credits. If your friend cancels their order before completion, you will not receive any credits. Please note that the RAF Program messages must clearly state that you are eligible to receive a credits if your friend signs up for the App and completes an order. Unfortunately, if you do not disclose this information, you may be unable to participate in the current RAF Program, future programs, and may be required to give up any discounts you had acquired as a result of your participation in the RAF Program.
For every qualifying friend that signs up for the App and completes an order, you will receive credits to use in your account. Credits are non-transferable and have no cash value. You cannot have more than $10 credits at once.
You must be 18 years old or older to participate in the RAF Program. RAF Program is valid for residents of the 50 U.S. States and D.C. only. Void outside 50 U.S. states, D.C. & where prohibited. Not valid in Canada. RAF Program credits are subject to verification at our sole discretion and are limited to orders made in the App. Unfortunately, if you don’t meet these criteria, you may be unable to participate in the current RAF Program, future programs, and may be required to give up any credits you had acquired as a result of your participation in the RAF Program. All taxes and shipping fees apply. Terms and Conditions, features, pricing, fees, availability, service, and support options are subject to change without notice and at any time. You agree that you are participating in the RAF Program at your own risk and, to the fullest extent permitted under U.S. law. In no event will we be liable for any direct, indirect, special, incidental, consequential, or any other type of damages related to or arising from the RAF Program or your participation in the RAF Program.
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the service ordered through your use of the Service and Applications, HamperApp will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by HamperApp. Any request for lower Charges or disputes regarding the Charges should be addressed to HamperApp by contacting support@HamperApp.com.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that HamperApp may use a secondary payment method in your Account, if available. Please note that in the event you dispute any part of a valid Charge via chargeback, you agree that HamperApp have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus.
HamperApp reserves the right to establish, remove and/or revise prospective Charges for any or all aspects of the Services at any time in HamperApp’s sole discretion. The Charges indicated via the Services at the time of your order shall apply (subject to any applicable discounts or promotions). HamperApp may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
15. MOBILE DEVICE DOWNLOADS AND USAGE
A. Mobile Downloads
Use of a mobile device may require payment of a monthly fee to a cellular wireless carrier or internet service provider. You shall have a mobile communications subscription with a participating carrier, have access to a mobile communications network, or access to internet by which we make the Application available. You shall provide all equipment and software necessary to connect to the Application, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use, as determined in our sole discretion, in connection with the Application. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download and use of the Application.
The Application can be downloaded on certain mobile devices using those devices’ respective application portals. Supported devices include the following:
Minimum supported iOS version is 12.
Minimum supported Android version is 5.0.
It is recommended to run applications on mobile devices, not on tablets.
HamperApp will not be responsible nor liable for any delays in the receipt of any submissions, as delivery is subject to effective transmission from your network operator.
HamperApp does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Application is free of viruses or other harmful components. HamperApp does not make any representations or warranties regarding the use or the results of the use of the materials in App in terms of their correctness, accuracy, reliability, or otherwise. Interruptions of the Application will occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance is experienced/performed by HamperApp or your wireless carrier.
You understand and agree that the downloading of the Application to your wireless device is at your own discretion and risk. You will be solely responsible for any damages to your wireless device or loss of data that results from such download and use.
B. Fraudulent or Unauthorized Transactions; Lost Devices
If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify us immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting us directly at:
You expressly consent and agree to accept and receive communications from us, including via e-mail, call, text message, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by us, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver messages sent by or on behalf of HamperApp, its affiliated companies and/or Drivers, including but not limited to: operational communications concerning your account, marketing communications, use of the Application, and updates concerning new and existing features. If you wish to opt-out of emails, text messages, or other communications, you may opt-out by following the unsubscribe options provided to you, including the “STOP” option described below. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that you are not required to consent to receive messages as a condition of using the Application. You may opt-out of receiving texts from us at any time by replying with the word “STOP” from the mobile device receiving the messages. You acknowledge that opting out of receiving texts may impact your use of the Application.
The App is capable of adding events to your calendar. By enabling the calendar feature of the App, you hereby expressly authorize Hamperapp and the App to access your device’s calendar. If you decline permission for the App to access your calendar, then the App will not be able to add events to your calendar. The App does not transfer your events off of your device.
F. Push Notifications
The App will send you push notifications to keep you informed of the current status of your order or make you aware of promotions. These may include reminders you of when the driver is close to your house for pick-up/drop-offs, etc. By using the App, you agree to receive these push notifications. These notifications can be configured in the settings of your phone.
16. DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY, WARRANTY
The Materials and the Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, HamperApp and its officers, directors, employees, agents or representatives disclaim with respect to the Services and the Materials herein all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. It is your responsibility to carefully read and inspect any service or product you purchase through our Applications upon your receipt to determine safety and appropriateness for your consumption or use. HamperApp does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. HamperApp does not warrant or make any representations regarding the use or the results of the use of the Materials and/or the Services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. You (and not HamperApp) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
B. Limitation of Liability
To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall HamperApp or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if HamperApp or a HamperApp authorized representative has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. In no event shall HamperApp have any liability for any damages, losses and other causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services. To the fullest extent permitted by law, your sole remedy with respect to lost or damaged items is as provided above in the sections entitled “Damaged Items” and “Lost Items.” If, notwithstanding the foregoing exclusions, it is determined that HamperApp or its agents, employees, officers or directors is liable for damages, in no event shall HamperApp’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Applications or Services exceed the amount paid by you, if any, for such Application or Services.
C. Third Parties
YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APP ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Application or your profile on the Application with a third party services and such services may interact with, connect to or gather and/or pull information from and to your App profile. By using such services, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to information about your profile on the Application being shared; (ii) your use of the third party service may cause personally identifying information to be publicly disclosed and/or associated with you, even if we have not provided such information; and (iii) your use of the third party service is at your own option and risk, and you will hold us harmless for activity related to that third party service.
D. NO WARRANTY
THE APPLICATION IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. HAMPERAPP EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE APPLICATION OR ITS CONTENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF WARRANTY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction of this Agreement.
E. Use of Links
The Services may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. HamperApp does not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, HamperApp is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. HamperApp makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. HamperApp reserves the right to discontinue links to any other website at any time and for any reason.
To the fullest extent permitted by law, You agree to indemnify and hold HamperApp and its officers, directors, employees, partners, any third party vendors and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of this Agreement; (iii) HamperApp’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Contractors. This indemnification section does not apply to HamperApp’s own negligence, recklessness or intentional conduct.
A. Governing Law and Arbitration
You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflicts of law.
Please read this section carefully because it requires you to arbitrate disputes, waives your right to a jury trial, and limits the manner in which you can seek relief. Any dispute or claim relating in any way to these to the Agreement, the Applications, or any Services, will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Agreement. To the fullest extent permitted by law we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court (other than small claims court) rather than in arbitration, to the fullest extent permitted by law, HamperApp and you waive any right to a jury trial, and agree that such claims shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of Florida and the County of Dade. The parties irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
HamperApp may give notice by means of a general notice on the Services, electronic communication through an Application, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to HamperApp, with such notice deemed given when received by HamperApp, at any time by first class mail or pre-paid post to 3513 Chacon Creek Trail, Prosper, TX 75078.
You may not assign the Agreement without HamperApp’s prior written approval. HamperApp may assign this Agreement without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HamperApp’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, HamperApp, any of HamperApp’s partners or any Third Party Contractor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. HamperApp’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HamperApp in writing. HamperApp’s failure to enforce any part of this Agreement will not be considered a waiver. Any waiver by HamperApp of any provision of this Agreement must be in writing. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and HamperApp with respect to the website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and HamperApp with respect thereto.
D. Procedure For Making Copyright Infringement Claims
HamperApp respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Services or Application through which our Services may be accessed in a way that constitutes copyright infringement, please provide HamperApp with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Service;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, e.g., the specific web page address on the Sites;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: support@HamperApp.com.