Terms of Service

HappyNest – Terms of Service

Last Updated: April 4, 2022

1. Acceptance of the Terms of Service
   
   These Terms of Service are entered into by and between you and HappyNest ("HN," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms"), govern your access to and use of the happynest.com website (and related domains) including all text, content, photographs, images, audio, graphics, and any software (which includes any files or images incorporated in or generated by the software) available on such website (collectively referred to herein as the “Website”), including HN’s weekly and/or on-demand laundry services offered on or through such Website (the “Services”), and our related mobile applications (the “Applications”), whether as a guest or a registered user. The Website, Services, and Applications are collectively referred to herein as the “HN Platform.” 
   
   Please read the Terms carefully before you start to use the HN Platform. By using any part of the HN Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://www.happynest.com/privacy/, and incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the HN Platform.
   
   The Services are offered and made available to users who are 18 years of age or older and who reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with HN and that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you may not access or use the Services.

2. Changes to the Terms of Service
   
   We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the HN Platform thereafter. Your continued use of the HN Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. The Services
   
   You can schedule Services via the Website and/or Applications. After scheduling Services using the Website and/or Application, HN or a third party, which is an independent contractor working with HN, will provide the Services.

4. Ownership, Licenses, and Limitations

1. Proprietary Rights. The HN Platform is owned and operated by HN.
   
   As between the parties, HN owns all right, title, and interest, including but not limited to all intellectual property and proprietary rights, in and to the HN Platform. The HN Platform is protected by copyright, trademark, domain name, trade dress, domain name, patent, trade secret, international treaties and/or other intellectual property and proprietary rights and laws of the United States and other countries. Except as otherwise indicated in the HN Platform and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the HN Platform, all trademarks, service marks and trade names are owned by HN.
   
   By accessing and using the HN Platform, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in these Terms.
   
   You may not change or delete any proprietary notices that appear in the HN Platform. You agree not to use any HN logo or any other proprietary graphic or trademark without HN’s express, prior written consent.
   
   Third-party trademarks, service marks and logos contained in the HN Platform are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.

2. Grant of Limited License. You are allowed to use the HN Platform only for your personal, non-commercial use, unless otherwise expressly permitted by us in writing. Any redistribution, retransmission or publication of all or any part of the HN Platform is strictly prohibited.
   
   Subject to your compliance with these Terms, HN grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use the HN Platform solely for your personal, noncommercial use.

5. Use of Services

1. User Requirements and Conduct. In order to use most aspects of the HN Platform, you must register for and maintain an active personal user account (an “Account”). Account registration requires you to submit to HN certain personal information, such as your name, address, and mobile phone number, as well as at least one valid credit card (to be processed by a third party payment processor). You agree to maintain accurate, complete, and up-to-date information in your Account, review the fees to be charged for your use of the Services (“Fees”); and authorize HN to charge your credit card for any and all Fees incurred by you for your use of the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having a valid and unexpired credit card on file, may result in your inability to access and use the Services and/or HN’s termination of these Terms. 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 HN in writing, you may only possess one Account per household.
   
   The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use the Services unless they are supervised 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, HN or its agent 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.
2. User Representations. You represent and warrant to HN 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 HN Platform; (c) pay for all Fees resulting from the use of your Account, including but not limited to, unauthorized use of your Account prior to your notifying HN in writing of such use and taking reasonable steps to prevent its further occurrence, such as changing your password; (d) comply with these Terms; and (e) comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the HN Platform.
3. Accuracy. You will not, directly or indirectly, submit content or information that is purposely inaccurate, commit fraud or falsify information in connection with your Account or create multiple Accounts.
4. Promotional Offers. HN may, in our sole discretion, create promotional codes that may be redeemed for Service credit or other features or benefits, subject to the terms that HN may establish on a per promotion basis. You agree that promotional codes (i) may only be used for the intended audience and purpose, (ii) may not be duplicated, sold, or transferred in any manner or made available to the general public by you, unless explicitly approved by HN in writing, (iii) may not be used to exceed or attempt to exceed quantity limits applicable to such promotional offer when purchasing Services or otherwise using any Account to purchase Services for any purpose not expressly permitted by these Terms and the terms of a specific promotional offer. All promotional codes (i) may be disabled by HN at any time for any reason without liability to HN; (ii) are not valid for cash; and (iii) may expire prior to your use.
   
   HN reserves the right to withhold or deduct credits or other features or benefits obtained through the use of any promotional offer by you or any other user in the event that HN determines or believes that the use or redemption of the promotional offer was in error, fraudulent, illegal, or in violation of the applicable promotional offer terms or these Terms. HN shall pursue and prosecute to the fullest extent of the law any case of misrepresentation, fraud or known or suspected violations of applicable law or these Terms.
5. Text Messages. By creating an Account, you agree that the HN Platform may send you informational text (SMS) messages as part of the normal business operation of your use of the HN Platform. You may opt-out of receiving text (SMS) messages from HN at any time by sending a request to hello@happynest.com. You agree and acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
6. Minimum Charge Per Order and Pricing. HN charges a minimum order price for Services as disclosed on the HN price list. Pricing is determined by HN and is based upon the total volume of laundry bags. Bags are equivalent in size to a 13-gallon kitchen bag. Price per bag and minimum order prices are subject to change without notification.
7. Damaged Items. HN follows the standards and policies set forth by the Fabricare Industry and the International Fabricare Institute. We exercise utmost care in cleaning and processing garments entrusted to us and use such processes, which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, shrinkage, or against damage to weak and tender fabrics.
   
   Please report any damaged items from your order to hello@happynest.com within 24 hours of delivery. HN is not responsible for any damaged items reported after this time.
   
   Although we use commercially reasonable efforts to track such items, we are not responsible for loose items in pockets or bundles of garments (i.e. jewelry, watches, cash). We request that you empty all pockets and check for loose items prior to putting laundry out for pickup, as we cannot be held responsible for damage to your garments caused by items left in pockets (lipstick, gum, pens, etc.). HN’s liability with respect to any damaged items shall not exceed ten (10) times our charge for cleaning that garment, regardless of brand or condition. Notwithstanding the foregoing, HN will not be responsible for any reparation beyond $200.00, even if the order costs over $200.00 to process. Any single damaged item will not be valued beyond $25.00, even if the fair market value for the item is more. Any amounts due to you will be credited to your HN account.
8. Lost Items. Please report any missing items from your order to hello@happynest.com within 24 hours of delivery. HN is not responsible for any missing items reported after this time. HN will not be responsible for any lost item beyond $200.00, even if the order costs over $200.00 to process. Any single lost item will not be valued beyond $25.00, even if the fair market value for the item is more. Any amounts due to you will be credited to your HN account.
9. Pick-Up and Delivery. Our goal is to provide convenient and frictionless Services to our customers and are willing to leave completed orders wherever the customer dictates. However, HN is not responsible for any missing or damaged items if the order is not personally received by you and picked up and delivered by an HN employee. HN is not responsible for missing or damaged items from orders that are picked up or dropped off in an unsecured or unattended location.
10. Online Communications. We may provide interactive opportunities in the HN Platform, including, without limitation, user ratings and reviews, saved favorites, and saved instructions, (collectively, “Interactive Areas”) for the convenience 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 HN Platform (“User Content”). In addition, in consideration of HN’s acceptance of your User Content, you hereby grant to HN an irrevocable, transferable, sublicensable, paid up, royalty-free, perpetual, non-exclusive worldwide license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce your User Content on and in connection with the HN Platform in all forms of media now known or hereafter invented, (collectively, the “Uses”) and the right to, in HN’s sole option and discretion, attribute your User Content to you. In consideration of submitting User Content, you consent to the Uses of the User Content without further consideration, compensation, attribution, accounting, notification or other additional consideration and to HN’s disclosure of any information related to your use of the Services in any capacity in connection with HN’s display of your User Content on the HN Platform. You also agree to indemnify, defend, and hold HN harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of HN’s Uses of your User Content. 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 HN Platform, including, without limitation, Interactive Areas, will be public and posted in public areas on the HN Platform. Neither HN nor any of its agents or providers will be responsible for the action of any users or third parties with respect to any User Content posted, uploaded or transmitted on the HN Platform.
    
    By using the HN Platform, you agree to follow these Terms. HN reserves 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 HN Platform for conduct that we believe, in our sole discretion, interferes with other users’ use and enjoyment of the HN Platform. HN will also cooperate with local, state and/or federal authorities to comply with applicable law.
11. No Unlawful or Prohibited Use / Monitoring of HN Platform. By using and accessing the HN Platform, you agree that you will not use the HN Platform for any unlawful purpose or engage in any use prohibited by these Terms. You further agree that you will not use the HN Platform in any manner that could damage, disable, overburden or impair any HN server, or the network(s) connected to any HN server, or interfere with any other party’s use and enjoyment of the HN Platform. You may not attempt, through any means, to gain unauthorized access to any part of the HN Platform, other account, computer system or network connected to any HN server. HN reserves the right, in its sole discretion, to monitor any and all use of the HN Platform.
12. Violations of the Terms. HN reserves the right to seek all remedies available at law and in equity for violations of the Terms, including the right to block access from a particular Internet address to the HN Platform.
13. Restrictions on how you can use HN services. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
    1. infringes or violates the intellectual property rights or any other rights of anyone else (including HN);
    2. violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by HN;
    3. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
    4. jeopardizes the security of your HN User ID, account or anyone else’s (such as allowing someone else to log in to the Services as you);
    5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
    6. violates the security of any computer network, or cracks any passwords or security encryption codes;
    7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
    8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
    9. copies or stores any significant portion of the Content;
    10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services;
    11. threatens our employees, contractors, agents, or other personnel; or
    12. engages in any other act that is offensive or otherwise objectionable.
    A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

6. Payment
   
   You understand that your use of the HN Platform may result in Fees payable by you for the Services you receive. After you have received Services, HN will process payment of the applicable Fees, using the preferred payment method designated in your Account, and will send you a receipt by email.
   
   Fees will be inclusive of applicable taxes where required by law. Fees paid by you are final and non-refundable unless otherwise determined by HN in our sole discretion. Any disagreement regarding Fees should be addressed to HN by contacting hello@happynest.com.
   
   We reserve the right to establish, remove and/or revise Fees and prices for any or all aspects of the Services at any time in our sole discretion.
   
   HN may from time to time provide certain users with promotional offers and discounts that may result in different Fees for the same or similar Services, and you agree that another user’s promotional offers and discounts shall have no bearing on your use of the Services or the Fees payable to you, unless you are eligible for the same promotional offers and discounts.

7. WARRANTY DISCLAIMER
   
   THE HN PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES DISCLAIM WITH RESPECT TO THE HN PLATFORM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE HN PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE HN PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR CURRENCY OF THE HN PLATFORM APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY
   
   TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS PROVIDED IN SECTION 5.G (DAMAGED ITEMS) ABOVE, IN NO EVENT WILL HN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE HN PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. These limitations do not purport to limit liability that cannot be excluded or limited under applicable law.

9. USE OF LINKS
   
   The HN Platform may contain links to other websites and services, which are developed, sponsored and/or maintained by third parties (“Third-Party Sites”). We do not review, monitor, operate, or control any such Third-Party Sites accessible through these links, and we are not responsible for any content available on or through such Third-Party Sites. By providing access to the Third-Party Sites, HN is not recommending or endorsing the products or services provided by those Third-Party Sites. We make no guarantees, representations, or warranties as to, and shall have no liability for, any content delivered by any third party, including, without limitation, the accuracy or subject matter of any content. You agree and acknowledge that HN has no control over the use of any personal information you provide to any such Third-Party Site. You acknowledge and agree that use of such Third-Party Sites is entirely at your own risk. We reserve the right to discontinue links to any Third-Party Site at any time and for any reason.

10. INDEMNITY
    
    You agree to indemnify, defend, and hold HN and its 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 HN Platform; (ii) your breach or violation of these Terms; (iii) HN’s use of your User Content; or (iv) your violation of the intellectual property or privacy rights of any third party through your use of the HN Platform.

11. MISCELLANEOUS

1. Governing Law. You acknowledge and agree that your access to and use of the HN Platform is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to any principles of conflicts of law, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the HN Platform, shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Delaware. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court.
2. Waivers. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HN in writing. Any waiver by HN of any provision of this Agreement must be in writing and signed by an authorized representative of HN.
3. Notice. HN may give notice by means of a general notice on the HN Platform, electronic mail to the email address specified in your Account, or by written communication sent by first class mail or pre-paid commercial delivery services (such as FedEx or UPS) to the address specified in your Account. Such notice shall be deemed given upon the expiration of 48 hours after mailing or deposit with the commercial delivery service or 12 hours after sending by email. You may give notice to HN, with such notice deemed given when received by HN, at any time by first class mail or pre-paid post to HappyNest Inc., 5700 Post Road, Suite 1, East Greenwich, RI, 02818.
4. Assignment. You may not assign these Terms without HN’s prior written approval. HN may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of HN’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
5. Relationship of Parties. No joint venture, partnership, employment, or agency relationship exists between you and HN as a result of these Terms or use of the HN Platform.
6. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible to effect the original intent of the parties, and the remaining provisions shall be enforced to the fullest extent under law.

12. Your Comments and Concerns
    
    The HN Platform is operated by HappyNest Inc., 5700 Post Road, Suite 1, East Greenwich, RI, 02818.
    
    All feedback, comments, requests for technical support, and other communications relating to the HN Platform should be directed to: hello@happynest.com.