1. CONTRACTUAL RELATIONSHIP
Welcome to Vizo! These terms and conditions (“Agreement”) apply to Vizo (“Vizo”) website (vizo.co) and the related mobile applications and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”). As used in this Agreement, “Vizo,” “we,” “us,” or “our” shall mean Vizo GP, established in Ottawa, Ontario, Canada, and registered at the Ontario Ministry of Government and Consumer Services under the business identification number 270022908, parent company of Vizo Company incorporated in the United States at 4701 Patrick Henry Drive BLDG 23, Santa Clara, California, 95054.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
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, mobile applications, push notifications 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
Vizo is a washing machine pooling and on-demand laundry delivery service that enable users to (i) request a (“VizoWash”); which provides them with a full wash-and-fold laundry service, as well as pick-up and delivery, from and to the requested address. VizoWash is offered through the customer mobile application which is provided as part of the Services (each of the mobile application and the website is an “Application”).
After requesting a VizoWash using the Application, if available, a third party, which is an independent contractor working with Vizo (“Third Party Contractor” or “Vizo Provider”), will pick up the laundry, wash, dry and fold it, then deliver the user’s laundry to the original address (collectively, “the VizoWash process”). After the VizoWash process is completed, the amount authorized at the start of the order will be captured by Stripe, Inc. (“Stripe”); more information regarding payment will be provided below, in the “Payment” section.
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, except the website, or contained in the Services (“Materials”), except the website, are owned and operated by Vizo. 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 State of California, 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 Vizo.
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 Vizo’s 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 Vizo’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 Vizo.
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 Vizo. Vizo does not transfer title to the Software to you. Vizo 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 Vizo or such other party as may own the proprietary rights.
Subject to your compliance with the terms of the Agreement, Vizo grants you a limited, non-exclusive, non sub-licensable, revocable, non-transferable 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, non commercial use. Any rights not expressly granted herein are reserved by Vizo and Vizo’s licensors.
3. USE OF THE SERVICES
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 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Vizo certain personal information, such as your first and last names, mobile phone number and email address. After providing this information, you will be asked to verify your phone number, email address, and afterwards be prompted to a screen where you will be asked to add a valid credit or debit 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 payment method on file, may result in your inability to access and use the Services or Vizo’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Vizo in writing you may only possess one Account.
USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18, or the legal age of majority in their jurisdictions, if it is other than 18. You may not authorize third parties to use your Account, and you may not allow other people’s items, such as clothing and other types of wearables or garments, in your Vizo Bags. 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 may only use the Services for lawful purposes (e.g, no clothing that was used to participate in unlawful activities, and/or clothing that contains stains that were a result of unlawful activities, et cetera). You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Vizo at any time by following the directions found at http://vizo.co/SMS-unsubscribe. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
USER PROVIDED CONTENT.
Vizo may, in Vizo’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Vizo through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Vizo, you grant Vizo a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Vizo’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Vizo the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Vizo’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Vizo in its sole discretion, whether or not such material may be protected by law. Vizo may, but shall not be obligated to, review, monitor, or remove User Content, at Vizo’s sole discretion and at any time and for any reason, without notice to you.
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 and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Vizo 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.
DAMAGED OR LOST ITEMS.
Although we do our best to prevent any damages to your garment, we cannot guarantee against color loss, bleeding or shrinkage of garments. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears. For any items deemed damaged during a VizoWash order, Vizo may reimburse you by paying up to a hundred United States dollars ($100) damage fee depending on the situation, as well as providing a full refund of the service. Although unlikely, damage fees exceeding $100 (hundred United States dollars) may be given on a case-by-case basis, as well as a full refund of the order fee, for the order containing the damaged items, regardless of brand, price or condition of the garment(s). To the fullest extent permitted by law, Vizo’s total liability in connection with a damaged item shall not exceed the foregoing amount.
Any damaged items must be reported to email@example.com and inspected by Vizo, within seven (7) days from date the damaged item was returned to you by the third-party provider, through digital photos or in-person.
Any lost item must be reported to firstname.lastname@example.org within seven (7) days of the delivery of related garments. All claims are reviewed on a case-by-case basis. Items are considered lost twenty (20) days after the initial claim has been made. For an item deemed lost during a VizoWash order, Vizo may reimburse you by paying up to a hundred United States dollars ($100) lost item fee depending on the situation, as well as providing a full refund of the service. Although unlikely, lost item fees exceeding $100 (hundred United States dollars) may be given on a case-by-case basis, as well as a full refund of the order fee, for the order containing the lost items, regardless of brand, price or condition of the garment(s). To the fullest extent permitted by law, Vizo’s total liability in connection with a damaged item shall not exceed the foregoing amount.
Vizo does not take responsibility for any loose items lost when submitted in a Vizo Bag, such as watches, jewelry, cufflinks, etc. and shall have no liability for such items. In addition to that, we do not take responsibility for lost and damaged items during VizoPool orders, as you the user, is responsible for the processing of the laundry.
PICK UP AND DELIVERY.
Our goal is to provide a valuable quality and timely service to all of our customers and partners. If you cancel a VizoWash order at least five (5) minutes after your requested time, you will be charged a $5 (five United States dollars) cancellation fee. If our partners cannot deliver or pickup an order because you or your designee failed to appear, we may charge a $5 (five United States dollars) cancellation or delay fee as well.
We hope to provide a convenient service to all our customers and can leave orders outside residences or with a doorman, provided the customer gives written consent or calls the provider. 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 Vizo. We strongly encourage you assign someone to retrieve your clothes from the Third Party Provider if you are unable to attend the delivery.
You have an option to ask us to leave your laundry with the doorman or other location, but Vizo will not be responsible for any loss caused as a result of that.
You understand that the use of the Services may result in payments by you for the services you receive (“Charges”). After your VizoWash request is accepted by a Vizo Provider, a charge with a unique ID is created, but not captured. The amount may appear on hold or pending on your bank statement until the order is completed, which is when the full amount is captured and a receipt will be sent to you 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 Vizo. Any request for lower Charges or disputes regarding the Charges should be addressed to Vizo by contacting email@example.com.
If your Account primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Vizo may use a secondary payment method in your Account, if available, to fulfill the Charge. Please note in the event you dispute any part of a valid Charge via chargeback, you agree that Vizo 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.
Vizo reserves the right to establish, remove and/or revise prospective Charges for any or all aspects of the Services at any time in Vizo’s sole discretion. The Charges indicated via the Services at the time of your order shall apply (subject to any applicable discounts and promotions). Vizo 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.
As aforementioned, Vizo may charge cancellation fees in the following, but not limited to, circumstances:
(i) User cancels VizoWash accepted request five (5) minutes after ordering.
(i) In this case, the cancellation fee is $5 (five United States dollars).
(ii) User is not at the request location to hand the Vizo Bags to the Vizo Provider, nor has left someone to do so; and/or User is not at the request location to retrieve the Vizo Bags from the Vizo Provider after the laundry has been washed and dried, nor has left someone to do so.
(i) One of these occurrences may result in a $5 cancellation fee as well as no refund of the order price.
MOST CIRCUMSTANCES, EXCEPT FOR THE AFOREMENTIONED SECOND POINT, INCLUDE A RELEASE (REFUND) OF THE REMAINING AMOUNT OF THE SAID ORDER’S PRICE, AFTER CAPTURING THE CANCELLATION FEE.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." VIZO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, VIZO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VIZO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
VIZO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF VIZO, EVEN IF VIZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIZO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF VIZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIZO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND VIZO’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING LAUNDRY SERVICES REQUESTED THROUGH SOME REQUEST PRODUCTS MAY OFFER LAUNDRY SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LAUNDRY SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT VIZO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY LAUNDRY, DELIVERY OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, VIZO’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON VIZO’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Vizo and its affiliates and their officers, directors, employees, 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 or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Vizo’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.