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These terms and conditions (“User Terms”) apply to your visit to and your use of our website at www.brand care.ae (the “Website”), services provided to you on or through the Website, the Service and PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING Brand Care, OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE Brand Care.

BRAND CARE

Your contracting partner is BRAND CARE LAUNDRY LLC., a corporation established in DED, Dubai, UAE with PO BOX 23447 (“BRAND CARE”).

What services does BRAND CARE provide?

Brand Care provides pick-up and delivery services for dry cleaning and laundry. Pick-up and delivery may be requested through our Website

How is a contract concluded between BRAND CARE and you?

By using the Website, you enter into a contract with Brand Care (the “Contract”). In order to be able to use the Website, you first need to sign up with Brand Care. When signing up, you are obligated to provide Brand Care with your personal information, mobile telephone number, address for pick-up and delivery, and credit card data (only requested when placing an order). Upon successful completion of your signing up with Brand Care, Brand Care will provide you with a personal account, which may be accessible to you with a password of your choice.

You have to be 18 years of age or older to use the Service or Website. If you reside in a jurisdiction that restricts the use of the Service or Website because of age or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorized to enter into and bind the entity to these User Terms and register for the Service.

Your use of the Website or the Service.

You warrant that the information you provide to Brand Care is accurate and complete. Brand Care is entitled at all times to verify the information that you have provided and to refuse the Service or use of the website without providing reasons.

You may only access the Service using authorized means. By using the Website or the Service, you further agree that:

  • You will only use the Service, Website for your sole, personal use and will not resell it to a third party.
  • You will not authorize others to use your account
  • You will not assign or otherwise transfer your account to any other person or legal entity
  • You will not use an account that is subject to any rights of a person other than you without appropriate authorization
  • You will not use the Service or Website for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes
  • You will not use the Service or Website to cause nuisance, annoyance or inconvenience
  • You will not impair the proper operation of the network
  • You will not try to harm the Service or Website in any way whatsoever
  • You will not copy, or distribute the Website or other Brand Care Content without written permission from Brand Care
  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service or Website
  • You will provide us with whatever proof of identity we may reasonably request. You will not use the Service or Website
  • You will comply with all applicable law from your home nation, the country, state and/or city in which you are present while using the Website, or Service
  • Brand Care reserves the right to immediately terminate the Service and the use of the Website should you not comply with any of the above rules

Care for Garments

Brand Care provides, at your choice, three services: Cleaning and Pressing, Pressing Only and Wash & Fold. For the Cleaning and Pressing service, Brand Care follows each garment’s care label instructions. If a care label instruction tag was missing, Brand Care will make a best-effort judgment on the method chosen for cleaning. If a user requests garment treatment which is contradictory to that indicated on the care label instructions, Brand Care will, when possible, make an attempt to contact the user and advise on the potential risks associated with proceeding with the treatment. If Brand Care are unable to obtain the user’s approval to proceed, Brand Care shall refrain from cleaning the garment in question. If the user authorizes Brand Care to proceed, the user will assume responsibility for any damage to their garments.

In the Wash & Fold service, all items are washed at forty (40) degrees celsius and dried in a medium to high heat. Brand Care staff will not verify that each garment is safe to undergo washing at forty (40) degrees celsius and drying at medium to high heat. The user will assume responsibility for any damage to their garment.Brand Care will not guarantee the successful removal of any stain but will make every attempt to remove stains without damage to your garment.

Item Count

Brand Care’s pick up driver will count the number of bags given by the user for cleaning and ironing. The count at collection will not include a count or an inspection of the garments. Any defects, damages or stains will not be noted down on this receipt.

The user has the right to ask for a confirmation receipt for the number of items that will be taken to our laundry and dry cleaning facility. Once the garments arrive at the facility, our attendant (sorter) will carry out a separate and thorough count of the cycle. In addition, our personnel will carry out a thorough check of the garments received for defects, damages, and stains. Brand Care will inform the customer of the noted damage. Brand Care reserves the right to decide to not clean an item and inform the customer via call, SMS, in-app chat, e-mail or with a card informing the customer that the garment was not cleaned.

Payment

The use of the Website is free of charge. If Brand Care decides to introduce such a fee, Brand Care shall inform you accordingly and allow you to either continue or terminate the Contract. Brand Care shall charge you for the services you request, which may include dry cleaning, laundered shirts, wash & fold, pressing or related services (“Cleaning”). You agree that you will pay for all Cleaning you purchase through Brand Care, and that Brand Care may charge your credit card account as provided by you when registering for the Service for the Cleaning (including any taxes, late fees, or additional fees as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing Brand Care with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. Once the items have been cleaned, an email invoice will be sent detailing the number of items that were cleaned as well as the charges minus any promotions or credits accumulated. Payments will be processed immediately after the items have been cleaned by our laundry, and prior to delivery; any rejected credit card transactions will need to be settled before the delivery of the cleaned items. Brand Care uses a third-party payment processor, www.checkout.com (the “Payment Processor”) to link your credit card account to the website and Service. The processing of payments or credits, as applicable, in connection with your use of the Website and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these User Terms. Brand Care is not responsible for any errors by the Payment Processor, but will take corrective action when and if possible. In connection with your use of the Services, Brand Care will obtain certain transaction details, which Brand Care will use solely in accordance with its Privacy Policy.

Indemnification

By accepting these User Terms and using the website or Service, you agree that you shall defend, indemnify and hold Brand Care, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys, agents and suppliers harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, or (c) your use or misuse of the Service.

Liability

The information, recommendations and/or services provided to you on or through the Website and Service is for general information purposes only and does not constitute advice. Brand Care will reasonably keep the Website and its contents correct and up to date but does not guarantee that (the contents of) the Website are free of errors, defects, malware, and viruses or that the Website is correct, up to date and accurate.

Brand Care shall not be liable for any damages resulting from the use of (or inability to use) the Website (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of Brand Care. Brand Care shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including and but not limited to damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

User understands that there are inherent risks in Cleaning and there is potential for clothing and related items to get lost or damaged. Brand Care will do its best to ensure situations like this do not happen, and in the instances, they do happen, will work with the User to rectify the situation. Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law and according to the industry practices, Brand Care’s aggregate liability shall in no event exceed an amount of AED 2,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.

Damaged Items

Any damaged item must be reported within seven (7) days of the date of delivery of the garments to support@brandcare.ae or through in-app chat. Brand Care reserves the right to reject any claim made more than seven (7) days after the successful delivery of the garments to the customer. Taking care of your garments is our number one priority. We strive to provide exceptional service. While we are very cautious to treat all garments carefully, we cannot guarantee against colour bleeding, colour loss, or shrinkage of garments associated with a manufacturing defect. In addition, we do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tears associated with the conditions a garment is exposed to during wear. Damages to garments may occur due to our cleaning and ironing processes, as well as due to defects in the fabric, material, stitching of the garments. We will, to the best of our ability, assess the damages impartially and determine the root cause of the damage.

For any items deemed damaged because of our process, Brand Care may reimburse you by paying up to twenty (20) times the charge for cleaning the item regardless of brand, price or condition of the garment. In comparison, the industry standard pays up to ten (10) times the cleaning charge. Any damaged items must be reported support@brandcare.ae and inspected by Brand Care within seven (7) days through digital photos and in-person.

For any items deemed damaged because of a perceived defect, Brand Care may reimburse you by paying up to ten (10) times the charge for cleaning the item regardless of brand, price or condition of the garment.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law and according to the industry practices, Brand Care’s aggregate liability shall in no event exceed an amount of AED 2,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.Claims made more than seven (7) days after delivery will be assessed on a case by case basis.

In case any damaged item claim cannot be resolved amicably according to terms and conditions, Brand Care will refer the customer to file a claim with the applicable consumer rights authority. The resolution of the claim will be as per the terms of the impartial decision made by the independent authority.

Lost Items

Any lost item must be reported within seven (7) days of the date of delivery of the garments to support@brandcare.aeBrandcare.com or through in-app chat.

All claims are reviewed on a case-by-case basis. Items are considered lost ten (10) days after the initial claim has been made. In line with industry practices, any reimbursement for an item deemed lost by Brand Care shall be limited to twenty (20) times the charge for treating the garment. In comparison, the industry standard pays up to ten (10) times the cleaning charge.

Brand Care shall not take responsibility for any loose items lost when submitted in a Brand Care bag, such as watches, jewelry, cash, wallets, cufflinks, car keys, badges or any other such items regardless of their value.

Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law and according to the industry practices, Brand Care’s aggregate liability shall in no event exceed an amount of AED 2,000 or, where applicable, the equivalent of that amount in the currency used by you for the payment for Cleaning.

In case any damaged item claim cannot be resolved amicably according to terms and conditions, Brand Care will refer the customer to file a claim with the applicable consumer rights authority. The resolution of the claim will be as per the terms of the impartial decision made by the independent authority.

License Grant, Restrictions and Copyright Policy

For the purpose of this User Term, the following definitions apply:

  • “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software, opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
  • “Brand Care Content” means Content owned or used by Brand Care, its affiliates or licensors and made available through the Website or Service, including any Content licensed from a third party, but excluding User Content.
  • “User” means a person who accesses or uses the Service or website.
  • “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or website.
  • “Collective Content” means, collectively, Brand Care Content and User Content.

Subject to your compliance with these User Terms, Brand Care grants you a limited, non-exclusive, non-transferable license:

  • (i) to view, download and print any Brand Care Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
  • You have no right to sublicense the license rights granted in this section.
  • You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service or Collective Content, except as expressly permitted in these User Terms
  • You may not reuse any Collective Content without first obtaining the written consent of Brand Care
  • No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Brand Care or its licensors, except for the licenses and rights expressly granted in these User Terms

License Granted by User

We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service. User Content will be deemed non-confidential and non-proprietary. Accordingly, Brand Care shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”).

You acknowledge that Brand Care only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. Brand Care shall not be continuously monitoring User Content published by you or moderating between Users, nor shall Brand Care be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of Brand Care.

Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph.

You agree to indemnify and keep Brand Care, its affiliates and licensors indemnified against all costs, expenses, damages, losses, and liabilities incurred or suffered by Brand Care or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website or the Service.

Brand Care reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which Brand Care believes is not in accordance with these User Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Brand Care. You agree to promptly notify Brand Care in writing of any User Content which breaches these User Terms. You agree to provide to Brand Care sufficient information to enable Brand Care to investigate whether such User Content breaches these User Terms. Brand Care agrees to make good faith efforts to investigate such complaint and shall take such action as Brand Care in its sole discretion decides. However, Brand Care does not warrant or represent that it will block or remove (in whole or in part) such User Content.

Intellectual Property Ownership

Brand Care alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Website and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Website or the Service.

These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Website or the Service, or any intellectual property rights owned by Brand Care. Brand Care’s name, logo, and the product names associated with the Service are trademarks of Brand Care, its affiliated companies or third parties, and no right or license is granted to use them.

Third Party Interactions

During the use of the Website, and the Service links to websites that are owned and controlled by third parties may be provided from time to time in order to enter into correspondence with, purchase goods or services from and participate in promotions of third parties. These links take you off the Website and the Service and are beyond Brand Care’s control.

During use of the Website and the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through a link on the Website or through the Service. These links take you off the Website and the Service and are beyond Brand Care’ s control. The websites you can link to have their own separate terms and conditions as well as a privacy policy. Brand Care is not responsible and cannot be held liable for the content and activities of these websites. You, therefore, visit or access these websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Term and termination of the contract

The Contract between Brand Care and you is concluded for an indefinite period. You can close your user account at any time by contacting Brand Care’s customer support at support@brandcare.ae Brand Care is entitled to terminate the Contract at all times and with immediate effect (by disabling the Service) if you: (a) violate or breach any term of these User Terms, or (b) in the opinion of Brand Care, misuse the Service. Brand Care is not obliged to give notice of the termination of the Contract in advance. After termination Brand Care will give notice thereof in accordance with these User Terms.

Invalidity of one or more provisions

The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.

Modification of the Service and User Terms

Brand Care reserves the right, at its sole discretion, to modify or replace any of these User Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you notice through the Service or via email. Brand Care may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Notice

Brand Care may give notice by means of a general notice on the Service or by electronic mail to your email address on record in Brand Care’s account information.

Assignment

You may not assign your rights under these User Terms without prior written approval of Brand Care.

Privacy Policy

Brand Care may collect and processes the personal data of the visitors of the Website according to the Privacy Policy. Brand Care may collect the brands of all garments submitted by its customers.

Applicable law and Venue

The Terms and your use of the Service will be governed by and construed in accordance with the laws of the Dubai, Abu Dhabi and the UAE. Any dispute in relation to these terms and conditions shall be settled by the competent Courts of Dubai.

Miscellaneous

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect. Only you and Brand Care are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.

Final provision

The English text of these User Terms constitutes the sole authentic text. In the event of any discrepancy between the English text and a translation into a foreign language, the English text shall prevail.

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