Last Revised April, 2019
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU REGISTER, PARTICIPATE IN AND/OR USE THE HAMPERAPP MOBILE APPLICATION.
ABOUT: Hamperapp is an on-demand alternative to your typical laundry and dry cleaning experience. Maybe you don’t have time to do loads of laundry or drive to the dry cleaner - or maybe you just don’t feel like it. That’s where we come in. With a quick tap of the app, you schedule your laundry pickup and set your personal preferences. Then, our team of professionals arrives, whisks away your dirty laundry, and returns to your doorstep 48 hours later with your laundry fresh, clean and perfectly organized. It’s that simple.
The App collects the information you provide when you download and register the App. The App may collect certain information automatically. This information includes but is not limited to the type of mobile device you use, your mobile devices unique device ID (UDID), the IP address of your mobile device, your mobile operating system, and information about how you use the App.
ELIGIBILITY: Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract. Your use of the App shall not violate any applicable local, state, federal, or international laws or regulations. The App is only available to individuals who are legal residents of the fifty (50) United States and the District of Columbia. Eligibility may also depend on available Service Areas detailed below.
ACCOUNT: In order to access the App, you will be required to register for a Hamperapp Account (an "Account"). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information as applicable; and (b) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the services (or any portion thereof). You represent and warrant that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the App; (c) comply with the Terms set forth herein; and (d) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the App.
SERVICE AREAS: Each driver is assigned various zip codes in which they can service. Coverage may be limited at times and we may not be offering the service in your area. Additionally, we may not choose to service your building if there is not a secure location in which you can leave your bag for the driver. If either of these is the case, you may be unable to place orders in the app. Please check periodically in the App to see if your zip code and/or address become serviced.
MOBILE: 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 App available. You shall provide all equipment and software necessary to connect to the App, 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 App. 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 App.
The App can be downloaded on certain mobile devices using those devices’ respective application portals. Supported devices include the following:
For Apple devices:
iOS 8.0 or later is required
Compatible with iPhone
This app is optimized for iPhone 6.
Hamperapp will not be 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 App 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 App 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 App 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.
COMMUNICATIONS: 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 App, 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 App. 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 App.
In the rare event that something is damaged, customers must provide notice to Hamperapp within 48 hours of delivery. Items are considered lost ten days after the claim has been made. We are very cautious about treating all garments carefully. However, we cannot guarantee against color loss, bleeding, shrinkage, other garment damage, or loss of items. We also do not take responsibility for any deteriorated or flawed garments, resulting in small holes or tears.
Hamperapp does not take responsibility for damage to your garments from items left in pockets (i.e., pens and lipstick). Hamperapp is also not liable for damage caused by mislabeling of cleaning procedures, such as not selecting the correct service when placing an order or sending items in incorrect bags.
Any claim should be made to Hamperapp Customer Support via email at firstname.lastname@example.org within two (2) business days upon receipt of services.
Item(s) Processing Consent
By sending your garment(s) or item(s) to Hamperapp you agree and understand that there is the possibility of unpredictable reactions that may adversely affect the fabric and trim and construction of the item(s) presented to Hamperapp. Such unexpected reactions include but are not limited to originating from a manufacturer defect, unserviceability, misleading or incorrect care label instructions, missing care label instructions, normal wear and tear deterioration, or any source outside of Hamperapp. Knowledge prior to processing.
By sending your items to Hampeerapp you give Hamperapp the permission to use whatever it deems necessary to clean your garment, and you will not hold Hamperapp responsible should there be any problems or damage that occurs because of processing caused by unpredictable reactions.
You also acknowledge that any item left at or sent to Hamperapp will need to have a thermally heated tag or ‘barcode’ heat-sealed onto the garment. Your acknowledgment is that this is necessary for inventory tracking purposes during the processing of the item and while in possession of Hamperapp and to ensure every item is returned to its rightful owner. The thermal tags may be placed on the item on the reverse side of the item, where it is not easily visible when wearing the item.
You also agree that no verbal statement made by any Hamperapp employee can be construed as a warranty superseding any information in this agreement.
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.
You also agree that you have read the previous, and you release Hamperapp and its affiliates from responsibility for any of the above conditions.
Wash Dry and Fold Services
By sending in articles of clothing to Hamperapp for Wash, Dry, and Fold
services, also known as laundry by the bulk, and or laundry by the pound, you acknowledge that:
Orders received wet, soaking wet, moist or damp will be weighed as received and processed at the cost per pound per its’ weight when received. As there is an additional cost associated with processing such orders, that cost is factored in by weighing it as it is received.
You also acknowledge that you are responsible for the type of articles you send to be processed in our wash dry and fold service. These articles are not cataloged in our computer system by the piece and are processed by the bulk; we cannot be held responsible for any item damaged in any way due to laundering. Items sent to Hamperapp to be processed as wash dry and fold should only be items you would wash and fold at home or at a coin laundry, such as t-shirts, undergarments, socks, and towels. If you have an expensive or delicate garment, please request a dry cleaning service.
Hamperapp does not provide finishing (ironing) or stain removal in the Wash, Dry, and Fold service.
Hamperapp must pick up damaged items before reimbursement.
Whenever possible, we will attempt to restore garments to good condition. For any items deemed damaged and that Hamperapp can not fix, we will reimburse the customer the following way:
Dry Cleaning: the value of the item or five (5) times the cost of cleaning the item, whichever is less, will be reimbursed.
Wash and Fold: the value of the item or five (5) times the weight of the item multiplied by the charge per pound of wash and fold regardless of brand, price, or condition of the garment.
Hamperapp has ten (10) business days to determine how the claim will be handled.
In any order, Hamperapp’s aggregate liability shall not exceed an amount of USD 500.
In case that the driver leaves the order outside the door or at the concierge under the client’s request, and the garment is misplaced or stolen, it is not our responsibility, and we will not accept any claim.
Items Left Unclaimed
Florida Statutes Chapter 715.03 Laundries and drycleaners; 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 6 months 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 6 months 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 6 months, 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.
PICK UP: Hamperapp is not a door-to-door service. You must leave your bag or bags at the designated location within your building before the scheduled pick up time on your building’s pick up days. A designated location is a place in the building that Hamperapp has determined is secure and has easy access for pickups and deliveries. These locations will appear within your app. If you do not see a designated location listed in your app, please contact us. We are not responsible for theft, damage, or loss of your garments prior to pick up or after delivery. You leave the bag or bags at the pickup location at your own risk.
DELIVERY: Expect your laundry to be returned in approximately 2 business days. We will continue to improve our operations and logistics to reduce that time as long as we can maintain the same level of quality. Times will vary based on availability, and we will constantly adjust them based on demand. Note that Hamperapp will be closed on federal holidays. Depending on your building, we may drop off the bags in a prearranged location (e.g. a package room or outside your apartment door). Once the bags are dropped off, You may indicate in the ‘My Preferences’ screen whether your Hamperapp driver is allowed to leave your clean clothing at the door in the event that you are not at home during your selected dropoff time.
Hamperapp is not responsible for any theft, damage, or loss of garments that may occur.
INVENTORY: We may at any time, and in our discretion, 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.
CALENDAR: 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.
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.
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 $25 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.
FEEDBACK: If you choose to review or provide information about the App, the App accepts feedback and ratings. Hamperapp collects this information to improve the design and functionality of the App. This feedback is connected to your account and is not anonymous. By providing feedback, you give Hamperapp permission to follow up by phone or email to help resolve any issues or to get more information.
PAYMENTS: You agree that costs, fees, and taxes charged after placing an order are due and payable immediately upon completion of the order. We may modify pricing, at our discretion, prior to your placing any order. You are responsible for understanding the applicable charges and are responsible for all charges you incur through your account.
Payment Methods. Hamperapp enables you to make card-based purchases at participating merchants by linking to your User Account debit, credit, and/or prepaid credit cards issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the "Networks"), as well as American Express and Discover ("payment instrument(s)"). You may not associate a Health Savings Account card with your Hamperapp User Account. Your User Account is not a bank account. Hamperapp is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury.
Primary and Secondary Payment Instruments. By linking a payment instrument(s) to your User Account, you represent to Hamperapp that you are an authorized user of the payment instrument(s). If multiple payment instruments are linked to your User Account, you must designate one linked payment instrument as a primary payment instrument. You may change the designated primary payment instrument associated with your User Account at any time. All payment instruments other than the designated primary payment instrument will be deemed "secondary" payment instruments. You are responsible for ensuring that all payment instruments are at all times current, non-expired, and valid for payments.
Redemption Codes. Users are permitted to redeem one promotion code, coupon code, referral code, or redemption code per order. Users may redeem a code with a greater amount, but may not use codes in combination. Use of certain codes may prevent you from redeeming other similar offers in the future.
Test Authorizations. By associating a payment instrument(s) with your Hamperapp User Account, you consent to Hamperapp's temporarily authorizing a charge on that payment instrument, typically for $4.99 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.
Delivery Charges: Delivery is free.
Facilitation of Payments. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc.). We may replace our third-party payment processing services without notice to you. Charges shall only be made through the App. Cash payments are strictly prohibited.
No Refunds. Charges are assessed immediately following completion of the order to your authorized payment method. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to delete the App, any disruption to the App or Services, or any other reason whatsoever. Hamperapp may make exceptions to this policy on a case-by-case basis.
Failed Transactions. In the event that we are unable to successfully charge any linked payment instrument, we will notify you via SMS, phone, and/or email, and you will be unable to initiate further payments with your Account. Upon our notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days. Your Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by us. We are not responsible for any charges imposed by the issuer of your payment instrument(s) as a result of any failed charge by us. To the extent that we are unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that we may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your Account, and you will not contest the use of a third party to collect the debt and fees owed to us. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that we, or any agency or business employed by us, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with us, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these Terms or not, and such contact may be made in a manual or automated fashion.
Prohibited Transactions. The App may be used only for the bona fide purchase and exchange of goods and/or services offered in the ordinary course of a merchant's business, and may not be used to process a payment or otherwise transfer money between two parties that is unrelated to a purchase of a product or services. The App may not be used for transactions in which you request cash back from the merchant. We reserve the right to decline any attempted transaction if it appears that any of these Terms have been violated.
Debit/Credit Card Statements. Our charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as "Hamperapp" followed by an identifier, and as explained above, may appear as a single charge for the aggregate amount of multiple individual transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for us, in our discretion, to cancel your Account, and seek any other remedies available to us.
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:
Hamperapp Support Team
Regular Business Hours: Monday through Friday, 9 a.m. to 5 p.m., Eastern Time
Lost Devices. In the event that you lose any mobile device on which the App linked to your Account is installed, or otherwise learn that your Account password is compromised ("Lost Device"), you shall notify us immediately by contacting email@example.com.
Security; Reporting Requirements. We implement a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your Account. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity.
If we confirm that a transaction(s) reported by you was an unauthorized or fraudulent use of your Account, and if: (i) the first such unauthorized transaction was reported to us within two (2) business days of a transaction receipt; or (ii) in the case of a Lost Device, the Lost Device was reported within two (2) business days of the loss; we will reimburse you for the amount of any fraudulent or unauthorized transactions charged to your payment instrument.
If you fail to notify us of a fraudulent or unauthorized transaction using your Account within two (2) business days of a transaction receipt, or in the case of a Lost Device, within two (2) business days of the Lost Device, you will be responsible for the fraudulent or unauthorized charges in an amount limited to the lesser of: (i) $500; OR (ii) the sum of the amount of the fraudulent use during the initial two (2) days (whichever is less), AND the sum of all fraudulent or unauthorized activity after the initial two (2) days prior to your notification to us. You authorize us to submit to your payment instrument(s) such charges up to that limited amount.
If you fail to notify us of a fraudulent or unauthorized transaction using your Account within sixty (60) business days of a transaction receipt, or in the case of a Lost Device, within sixty (60) business days of the Lost Device, you will be responsible for all fraudulent or unauthorized charges after the sixty (60) day period, and authorize us to submit such charges to your payment instrument(s).
In the event that the state in which you established your Account provides for lower limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to our platform (for example, your wallet is stolen), and your payment instrument is linked to another Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument.
User Fraud. If we determine that you have engaged in any fraudulent use of the our platform, or use in violation of these Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, we will impose a fee of one hundred ($100.00) dollars for each investigation by us that results in a confirmation of such violation of these Terms. By registering for an Account, you agree to all additional fees and penalties that we may impose in the event we deem your use of our platform to be in breach of these Terms, including without limitation the immediate termination of your Account.
RULES OF USE:
You may display and, unless otherwise stated, electronically copy, download and print hard copy portions of the material from the App solely for your own noncommercial use. Any other use of materials on the App is not allowed without prior written permission of Hamperapp. The App is intended for your personal use only. You are responsible for all use of the App by you and by those you allow to use, or provide access to, the App.
You may not send through the App content containing solicitations of money or services.
You may not send through the App 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 App 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 App 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 App.
You further agree not to use any sexually explicit language or to provide to or post on or through the App 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 App.
You may not provide to or post on or through the App 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 App 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 App 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 App 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 App 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 App 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, “App Content”). The App 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 App 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 App 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 App, including without limitation the Assets or App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Hamperapp or the App.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the App.
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 App or otherwise.
CHANGES TO APP: The Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the App, so check back often. If you do not accept updated versions of the App as they become available, your experience may not reflect the most recent material, features and/or content, for which Hamperapp specifically disclaims any and all responsibility and liability. Continued access of the App by you will constitute your acceptance of any changes or revisions to the Agreement.
ADDITIONAL TERMS AND CONDITIONS: Your use of the App is further subject to Hamperapp’s Terms and Conditions. The Hamperapp Terms and Conditions are hereby incorporated into and made a part of this Agreement.
HOLD HARMLESS AND INDEMNITY: You agree to hold harmless and indemnify Hamperapp and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the App, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
RELATIONSHIP OF THE PARTIES: The contributions provided by you are not to be considered as representative of the views of Hamperapp or any of its subsidiaries or affiliates. In addition, no confidential or other relationship, fiduciary or otherwise, exists between you and Hamperapp.
MODIFICATION OF TERMS: Hamperapp may modify the terms of this Agreement at our sole discretion and without notice, which modification shall be effective immediately. Accordingly, we suggest that you check this page regularly for updated or additional guidelines
CHOICE OF LAW, VENUE AND JURISDICTION: This Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the State of Florida, U.S.A., without regard to its choice of law provisions. You agree that any disputes directly or indirectly arising out of or relating to this Agreement shall be resolved exclusively in the state or federal courts located in Dade County, Florida. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute. If any provision of this Agreement is determined to be invalid by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein. This Agreement sets forth the entire agreement of the parties with respect to the subject matter hereof, may not be changed except by an instrument in writing signed by both parties and supersedes any and all prior agreements between the parties. Those who choose to access the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THIRD PARTY WEBSITES AND FEATURES: There may be links from the App, or from communications you receive from the App, to third-party websites or features. There may also be links to third-party websites or features in images or comments within the App. The App may also include third-party content that we do not control, maintain or endorse. Functionality on the App may also permit interactions between the App and a third-party website or feature, including applications that connect the App or your profile on the App with a third-party website or feature. For example, the App may include a feature that enables you to share content from the App or your content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. We do not control any of these third-party web services or any of their content. You expressly acknowledge and agree that we in no way are responsible or liable for any such third-party services or features.
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 App or your profile on the App 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 App 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.
NO WARRANTY: THE APP 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 APP 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.
IF YOU DO NOT AGREE TO THE ABOVE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THE HAMPERAPP MOBILE APPLICATION!
or DO NOT PLACE AN ORDER ONLINE