Customer Terms & Conditions
These terms and conditions (terms) are an agreement between you and Byron Bay Laundry Co Pty Ltd (ABN: 14 820 200 887) of 135 Dawson Street, Lismore NSW 2480 (“Byron Bay Laundry” “us” or “we”) and apply to your use of the Service (defined below) made available by us through our website at (https://www.laundryco.com.au) (Website).
By registering an account with us (Account), you represent and warrant that you are at least 18 years old, and you agree to be bound by and abide by these terms.
1. How Byron Bay Laundry works
1.1 The Service
(a) The service (Service) consists of a website and application through which we host:
(i) online booking of Laundry Services;
(ii) online booking of collection and delivery of your Laundry Items;
(iii) collection of your personal information; and
(iv) collection of payments.
(b) The Service does not:
(i) provide a laundromat service; or
(ii) provide a dry cleaning service.
(c) Subject to you complying with these terms we will provide the Services to you as set out in these terms.
1.2 Creating an Account
(a) Before you can make an Order you must register an Account with us. To register an Account you must provide us with:
(i) your name;
(ii) your email address;
(iii) a password;
(iv) mobile telephone number; and
(v) any other information reasonably required by us in relation to your Account.
(b) We may accept or reject any application to register an Account.
(c) You are responsible for any activity that occurs under or through your Account and you must maintain the confidentiality of your Account username and password. You must notify us immediately of any actual or suspected unauthorised use of your Account or breach of your Account security.
(d) You represent and warrant that all information provided under your Account is complete and accurate. If there is a change to any information relating to your Account, you must update your Account or notify us as soon as possible. If we suspect that any information provided by you is incomplete or inaccurate, we may suspend or terminate your Account.
(e) We are not liable for any loss or damage arising from or in connection with your failure to comply with the requirement in this paragraph 2.1.
2. Ordering and Service Delivery
2.1 Making an Order
(a) Once you have created an Account, you will be able to make an Order.
(b) Orders can only be made within a certain geographical zone and if your physical address is outside of our geographical zones contained at https://www.laundryco.com.au/services you will not be able to make an Order.
(c) Your Order must specify:
(i) the type of Laundry Service you require;
(ii) the Laundry Items requiring the Laundry Service;
(iii) the time slot for collection of your Laundry Items;
(iv) the time slot for delivery of your Laundry Items;
(v) the volume of your Laundry Items;
(vi) whether you authorise us to leave your Laundry Items unattended or not upon delivery; and
(vii) any special instructions.
(d) You may then submit your Order which once we have received and if necessary, reviewed, we will confirm your Order and charge your Preferred Payment Method the Fee.
(e) We may, in our sole discretion, determine whether any special instructions provided under clause 1.3(c)(v) are able to be provided and if necessary, any additional Fee which is applicable.
2.2 Paying for your Order
(a) Where the option is given to you, you may make payment of the Fee by Credit
Card.
(b) All payments made in the course of your use of the Services are made using Stripe or Paypal. In using the Website and Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available at https://stripe.com/payment-terms/legal.
(c) You acknowledge and agree that where a request for the payment of the Fee is returned or denied by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Fee.
(d) To the extent that the Fee has not been paid upon the provision of the Services, you grant us a lien over the Laundry Items and acknowledge and agree that we will retain possession of all Laundry Items until the Fee has been paid to us in full and without setoff or deduction.
(e) We may in our sole discretion vary the Fee at any time.
2.3 Changes to your Order
(a) You may make a change to an Order up to 4 hours before the collection time. Any changes after this time may incur a rescheduling fee of up to $45. You can make changes to your order by contacting our Customer Care Team at order@laundryco.com.au.
(b) With your consent, we may make a change to your Order as an alternative to cancelling it in accordance with paragraph 6. This may occur, for example, where a different cleaning process may be more appropriate due to the state of the garment.
(c) Where changes are made to an Order under either of the preceding sub-paragraphs, we will issue an amendment confirmation to you via email or through notification through the Web App.
2.4 Order Cancellation by us
(a) We may cancel your Order in the following circumstances:
(i) as a result of an Event Outside Our Control; or
(ii) if you fail to make Laundry Items available for collection; or
(iii) if we consider that any Laundry Item does not:
(A) correspond with the Order;
(B) is damaged;
(C) does not have cleaning instructions; or
(D) does not fall within those Laundry Items which we accept.
(b) If we cancel your Order we will contact you by telephone, SMS or email and (where applicable) will arrange to deliver the Laundry Item(s) to you as soon as reasonably possible.
2.5 Order Cancellation or reschedule by you
(a) You may reschedule your Order with no additional charge in the following circumstances:
(i) at any time up to four hours before the Collection Time;
(ii) if we are affected by an Event Outside Our Control.
If you reschedule less than four hours before you may incur an additional charge of $45 in our sole discretion.
(b) You may cancel your Order with no additional charge at any time up to 12 hours before the Collection Time. If you cancel less than 12 hours before you may incur an additional charge of $45 in our sole discretion.
(c) Rescheduling your delivery less than four hours before a delivery may incur an additional charge of up to $45 in our sole discretion.
2.6 Collection and Delivery
(a) We will use reasonable endeavours to collect and deliver Laundry Items at the time slot specified in the Order.
(b) If you are not available to accept delivery of Laundry Items, you are able to reschedule via the Website, Application or via email to a more suitable time, but you may incur an additional charge of up to $45 if you reschedule less than four hours before the delivery time specified in the Order.
(c) If delivery is not possible due to you being unavailable at the designated time, a redelivery charge of up to $45 may be made for each consequent attempt at delivery. We do not guarantee that any later time for delivery will be available.
(d) If you have failed to accept delivery or arrange redelivery within 14 days of the original delivery date, we may dispose of the Laundry Item(s) or donate them to an accredited charity of our choice.
(e) You may arrange to have Laundry Items collected from, or re-delivered to, a third party, on condition that you do so at your own risk and the third party is prepared to sign an acknowledgement on your behalf.
(f) You may specify in your Order that we are to leave an Item in an agreed location without providing us with a signature of acknowledgement. Whilst we will endeavour to leave your Laundry Items in a safe and secure location, we cannot guarantee their security and any unattended delivery is at your risk.
(g) You must place your Items into a bag for collection. Items will be returned in Byron Bay Laundry Co bags which you should use for future orders.
(h) We will label your bags so that they can be identified as containing your Item(s) and relating to your Order. All Items in our bag(s) will be treated in accordance with the following colour system:
(i) All Laundry Items in the white/off-white cotton bag(s) will be marked as “Wash, Dry and Fold” and will be washed in accordance with the Laundry Service.
(ii) All Laundry Items in the pink bags are household items or recurring “Wash, Dry and Fold” orders and will be washed in accordance with the Services selected by you upon booking.
(iii) All Laundry Items in the black bag(s) will be itemised and charged individually and these Items will be cleaned as per the care label. If the Laundry Items do not have a care label We will clean them in a manner we think is appropriate. In these instances, please note that we will have no liability should any damage occur.
(iv) We will not reassign the contents of a bag to another coloured bag after the Items have been collected.
2.7 Service Standards
(a) We will provide the Services with reasonable care and skill in accordance with industry standards.
(b) We will not be liable for any delay or non-performance of our Services where you have failed to provide accurate information in your Order, for example if an address is incomplete or inaccurate, if the Laundry Items selected by you in the Order do not correspond with the Laundry Items we pick up from you or if you fail to accept delivery of Laundry Items in accordance with an Order.
(c) We may contact you by email, phone to seek approval for alternative cleaning methods or return the Laundry Items unprocessed if we consider any Laundry Items submitted to us to be at an increased risk of damage. We may, in our sole discretion, charge a handling fee of up to $45 if the Laundry Items are at an increased risk of damage.
(d) You may leave special instructions regarding your Order. If we are unable to complete the special instructions, we will contact you.
(e) You must thoroughly check all the Laundry Items for hazardous objects e.g. coins, pens, keys, makeup, papers etc. as We accept no responsibility for any objects lost or damaged nor any responsibility for damage to Laundry Items as a result of the cleaning process where such objects are present.
(f) We accept no responsibility if there is any bleeding or colour transfer during the cleaning process.
(g) Mold, pet hair, sun exposure, moths may cause permanent stains and damage and make the fabric more fragile when cleaned. We accept no responsibility for any damage that occurs as a result.
2.8 Laundry Service Specific Standards
(a) Wash, Dry and Fold Orders
(i) You must separate coloured Items into separate bags to ensure colour transfer does not occur to light Items (such as whites). We will not be liable to you for any colour transfer if you fail to separate coloured Items.
(ii) The load is washed at a 30 degree cycle and tumble dried on a medium heat. As we process a high volume, we will not be able to cater to personal requirements (e.g. temperature, washing powders, etc.).
(iii) Please note that the Laundry Items are not ironed.
(iv) We wash by the load and do not inspect the care labels of each garment. We therefore cannot be liable for damage to Laundry Items resulting from failure to follow the instructions on a care label.
(v) For Laundry Items that need to be specially treated e.g. leather, silk, cashmere, fur, velvet and other delicate garments, please ensure that these Laundry Items can be machine washed and tumble dried. We will not be liable for Laundry Items damaged through normal processing in a tumble dryer.
(vi) Wash, Dry and Fold Orders cannot include any bedding or towels. If these are included they will be added as an individual product and your bill will be amended accordingly.
(vii) Laundry Items are tagged by the load and not individually tagged. We cannot therefore accept any liability for missing Items.
(b) Repairs and alterations
(i) We only do repairs and alterations on clean items. If the item is not clean you will also be charged for the dry cleaning of that specific item.
(ii) You are solely responsible for providing clear instructions as to the nature of the required repair or alteration.
(iii) Measurements and markings on the Laundry Items must be clear and accurate.
(iv) We do not accept any responsibility where any markings or pinnings on the Laundry Item are not correct.
(c) Leather items
(i) The cleaning of certain leather items may result in further damage or blemishes to the finished surface of the product.
(ii) We may, in our sole discretion refuse to clean, repair, treat or otherwise deal with certain leather items.
(d) Pressing and Ironing
(i) Please note that some items like linen and silk do not handle well with pressing or ironing and it is not always possible to achieve a crease free result. We will not be responsible if there are still creases present after ironing or pressing.
(e) Dry Cleaning
(i) Rubber Backed curtains tend to fail in dry cleaning. We will contact you if we suspect the item to fail and will only proceed to cleaning it at your own risk. We will not be responsible for any damage that occurs.
(ii) Cushions and lounge covers are prone to shrinkage. We will follow the care labels to clean these and will not be responsible for any shrinkage that occurs.
(iii) Odors are difficult to remove with dry cleaning. We will not be responsible if the odor remains in your items after cleaning.
(iv) Items with crystals, chains pins etc (ex Camilla clothing) do not handle well in dry cleaning. Though we will do our best to deliver the best quality clean according to the care label, we will not be reliable for any damage.
2.9 Complaints
(a) If you experience any problem with Our Services:
(i) Please contact our Customer Care Team by email at
order@laundryco.com.au
(ii) if you have a complaint about the Services We will deal with it in accordance with our Complaints Policy
(iii) You will not have to pay for us to deal with your complaint.
(b) In the event you have any complaints in respect of any Laundry Items, you should notify us within 72 hours by contacting our Customer Care Team.
(c) If you are a consumer, you have statutory rights if our Services are not carried out with reasonable skill and care, or if the materials used are faulty or not as described. Nothing in these Terms will affect these legal rights.
2.10 Re-cleaning policy
(a) We will reclean your items if we have failed to clean an item that could have been processed without damaging the item and if the stain or dirt is removable. Please note that there are numerous reasons mentioned in paragraphs 2.7 and 2.8 why an item might fail dry cleaning. The re-cleaning policy will not apply for complaints outlined in paragraph 8 Liability.
(b) Please note it is not always possible to remove stains, odors, and hair. If we cannot remove a stain, odor or hair you will be informed by means of the ticket which is attached to your Laundry Item(s). In this instance, we are not able to offer a complimentary re-clean.
(c) The re-cleaning policy only applies to individual Laundry Items which were last dry-cleaned through Byron Bay Laundry Co and:
(i) the original dry-cleaning ticket remains attached to the Laundry Item;
(ii) the Laundry Item is unworn; and
(iii) you have notified us through the Website, App or through order@laundryco.com.au within 24 hours of delivery of the Laundry Item to you.
(d) If the re-cleaning policy applies to the Laundry Item we will collect the Laundry Item from you at no additional cost to you and re-clean the Laundry Item.
2.11 Consent to Communication
(a) By creating an Account you consent to receiving communication from us or any of our representatives or agents involved in providing the Services. Further details on how we use your information is contained in our Privacy Policy. Communication may be in the form of:
(i) Phone calls;
(ii) Text Messages;
(iii) Email;
(iv) Push notifications to your device;
(v) Direct messaging through a chat feature on the Website and app;
(vi) Notes & information included with your items.
3. Your obligations
3.1 Prohibited acts
You must not:
(a) access or use the Service or Website:
(i) in a way that violates these terms;
(ii) for unlawful or dangerous activities or purposes;
(iii) in a way that is fraudulent, inaccurate, false, misleading or deceptive;
(iv) in a way that violates any applicable law (including, without limitation, applicable privacy laws); or
(v) in a way that infringes the rights (including the Intellectual Property Rights, as defined below in paragraph 4.1) of any other person; or
4. Termination
4.1 The Terms will continue to apply until terminated by either you or by BYRON BAY
LAUNDRY CO as set out below.
4.2 You may discontinue your use of the Services at any time provided you do not have a current Order.
4.3 If you wish to terminate your Account, you may do so by notifying us in writing by email to order@laundryco.com.au.
4.4 We may at any time, terminate the provision of the Services to you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) we are required to do so by law;
(c) the provision of the Services to you by us is, in our sole discretion, no longer
commercially viable.
4.5 We reserve the right to discontinue or cancel your Account at any time and for any reason, or for no reason at all and may suspend or deny your access to any portion of the Website, the Services or the Laundry Services without notice to you for any reason in our sole discretion.
5. Events Outside of Our Control
5.1 We will not be liable for any failure to perform, or delay in performance of, any of our
obligations under these Terms that is caused by an Event Outside Our Control.
5.2 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; or
(c) you may cancel your Order under paragraph 5.2 or we may cancel it under paragraph 6.1(a).
5.3 If your Order is cancelled, we will return your Laundry Item(s) to you at no cost to you.
6. Rewards, promotions and referrals
6.1 Rewards
(a) Once processed and paid, each Order will be rewarded with one stamp. Cancelled orders will not be rewarded with stamps. Stamps do not bear any monetary value.
(b) When you collect 250 points to earn a reward, we will send you a notification email to confirm this. Offers will be automatically sent by email when an Order is complete, and Laundry Items have been delivered.
(c) Rewards cannot be returned, exchanged or refunded.
(d) The process for offering rewards is subject to change without prior notice.
6.2 Vouchers and Promotions
(a) We may from time-to-time issue Vouchers and Promotions.
(b) Vouchers and Promotions are subject to expiry dates. Their validity may also
be confined to particular Promotions.
(c) Unless otherwise specified, Vouchers cannot be used in conjunction with any other offer we make.
(d) Only one Voucher or code may be used per transaction.
(e) Vouchers are strictly non-transferable and have no cash value. Offering a voucher for sale is strictly prohibited and renders the Voucher void.
(f) We reserve the right to reject a Voucher with reasonable cause.
(g) To redeem a Voucher, you must present the code found on the Voucher at checkout.
(h) The Minimum Order Value for orders using a Voucher code is $45, including the Voucher, or any greater amount which is shown when you place an Order.
(i) Vouchers are issued on and limited to a one per household basis.
(j) Vouchers cannot be applied when purchasing pre-paid bundles or other
products that are already discounted.
6.3 Referrals
(a) If you refer a friend (a new customer) using the referral code created in the Website, we will give both you and the referred friend a Referral Voucher.
(b) Referral Vouchers have an expiry period of 365 days from the day that they are issued.
(c) Mass distribution, distribution to strangers, or any other promotion of a referral code in a manner that would constitute or appear to constitute unsolicited proliferation of a code or “spam” is expressly prohibited, for example posting on a voucher site.
(d) We reserve the right to verify referrals and require proof of eligibility.
(e) The method by which customers may refer shall be at Our absolute discretion.
(f) To benefit from the referral offer, you must use the referral code created in the Website.
(g) You will receive your Referral Voucher once your referred friend has completed a transaction and the order payment has been processed successfully.
(h) We will only accept referrals for new customer orders.
(i) The Minimum Order Value for Orders using a Referral Voucher code is $45,
including the Referral Voucher.
(j) Referral Vouchers cannot be used in conjunction with any other offer or promotion.
(k) Referral Vouchers are not available where the person referred is not a new customer, or where the person referred is the spouse, partner or dependant of the customer making the referral.
7. Information protection
7.1 Meaning of 'Intellectual Property Rights'
In these terms, 'Intellectual Property Rights' means all intellectual property rights, including the following rights:
(a) patents, copyright, rights in circuit layouts, designs, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
(b) any application or right to apply for registration of any of the rights referred to in paragraph (a); and
(c) all rights of a similar nature to any of the rights in paragraphs (a) and (b) that may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
7.2 Ownership
(a) As between you and us, all rights, title and interest (including Intellectual Property Rights) in the Website are owned by us (and our third party licensors).
7.3 Security
While we use reasonable endeavours to ensure the Website, Application, and any transactions conducted through the Service are secure, you acknowledge that the security of information and payments transmitted through the internet can never be entirely secure or error free. We are not liable for any loss or damage suffered by you or anyone else due to a failure, delay, interception or manipulation of an electronic communication caused by a third party.
7.4 Privacy
Your use of the Website and the Service is subject to our privacy policy available athttps://www.laundryco.com.au/privacy-policy . We will only use and disclose personal information about you in accordance with our privacy policy.
8. Liability and indemnity
8.1 Laundry Service
(a) You must inspect the Laundry Items following delivery, and if you believe that Laundry Items are lost or damaged you must inform us within 72 hours of receiving the Laundry Items. We reserve the right to inspect and take pictures of any alleged damage to any Laundry Items.
(b) We will not be responsible for any damage to Laundry Items which:
(i) do not have the original dry-cleaning ticket attached;
(ii) were not submitted for our reasonable inspection; or
(iii) have been recleaned by you or a third party.
(c) We will not be responsible for any loss or damage (including, without limitation, any colour loss, colour transfer, shrinkage or other damage) resulting from the following:
(i) failure to notify us of any special requirements or instructions for cleaning the Laundry Item in the Order;
(ii) any existing damage to the Laundry Item at the time of collection;
(iii) any extraneous objects left in or on the Laundry Item, including but not limited to: coins, buttons, jewellery, cufflinks, collar stiffeners, pens or tie clips;
(iv) any extraneous packaging provided with the Laundry Item, including but not limited to: clothes hangers, suit bags or personal laundry bags
(v) our disposal of Laundry Items in accordance with paragraph 7.4;
(vi) any normal wear and tear;
(vii) incorrect labelling on the manufacturer’s behalf, or incorrect instructions from you;
(viii) any colour loss, bleeding or shrinkage of garments, in particular for Laundry Items included in the Wash, Dry and Fold Service.
(d) We will not be responsible for any damage caused by:
(i) The substandard condition of any Laundry Item which could not readily be identified by professional examination. This shall apply in particular to inadequate quality of fabric or seams, material of inadequate thickness, low durability of fabric, insufficient quality of colouring or printing, impregnations, earlier inappropriate treatment, hidden foreign bodies, and inadequate fixation of buttons, buckles and zip fastenings; or
(ii) The cleaning of garments which cannot be cleaned, or which can only be partially cleaned.
(e) We will not be liable for any damage to buttons, zips, and other similar parts (fastenings/embellishments/etc.).
(f) Some of our facilities use a permanent heat-sealed sticker ticketing system. By placing an order with us, you agree that your Item(s) may be tagged in this manner. We will always try to position these as inconspicuously as possible. We strongly advise you not to remove these stickers as we cannot accept liability for any damage caused by removal by you or a third party. Please contact our Customer Care Team on order@laundryco.com.au.
8.2 General Liability
(a) The Services are not to be used for re-sale purposes. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(b) We do not exclude or limit in any way our liability for:
(i) death or personal injury caused by negligence;
(ii) fraud or fraudulent misrepresentation; or
(iii) any other matter in respect of which liability may not be excluded or limited in accordance with applicable law.
(c) We will not be liable for any consequential loss.
(d) If we compensate you for the full value of an Laundry Item in our care, whether in the form of money or a replacement, we will have the right to permanent ownership of the damaged Item.
8.3 Disclaimer
(a) Subject to paragraph 5.2 we:
(i) make no representations, warranties or guarantees in relation to the availability, continuity, reliability, accuracy, currency or security of the Website or the Service, and we are not liable to you if the Service is unavailable for any reason; and
(ii) make no representations, warranties or guarantees in relation to the reliability, accuracy, quality, or currency of the Legal Services which may be provided to you by the Lawyer Member.
8.4 Non-excludable Obligations
(a) To the extent that you acquire goods or services from us as a 'consumer' (as that term is defined in section 3 of the Competition and Consumer Act 2010 (Cth)), you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
(b) Nothing in this clause 5 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute, the exclusion, restriction or modification of which would:
(i) contravene that statute; or
(ii) cause any term of these terms to be void,
(Non-excludable Obligation).
8.5 Exclusions and limitations
Except in relation to Non-excludable Obligations:
(a) all conditions, warranties, guarantees, rights, remedies, liabilities or other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are expressly excluded under these terms;
(b) our liability to you arising directly or indirectly under or in connection with these terms or the performance or non-performance of these terms and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity is limited as follows:
(i) we will have no liability whatsoever to you for any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any other economic, special, indirect or consequential loss, harm, damage, cost or expense (including legal fees) incurred by you or anyone else under or in connection with this Website or the provision of the Service or any products; and
(ii) our total aggregate liability to you is otherwise limited to an amount not exceeding the total amounts paid by you for the Laundry Service.
8.6 Indemnity
You indemnify us against any loss or damage we suffer (including any claim made by a third party) arising from or in connection with your breach of these terms or the terms and policies it incorporates by reference, or your violation of any law or the rights of any third party.
9. Links to other websites
(a) The Website may contain links to third party websites which are not under our
control. These links are in the Website for your convenience.
(b) We make no representations or warranties as to the accuracy or any other aspect of the information on any linked third party website and the inclusion of any link does not imply endorsement, recommendation or support by us of that websiteoritscontents. Youacknowledgeandagreethatanyaccessanduse of linked third party websites is at your own risk.
(c) We are not responsible for:
(i) the contents of any linked third party website or any link contained on a linked third party website, or any changes or updates to such sites; and
(ii) any losses suffered by you in connection with accessing or using any linked third party websites.
(d) These terms do not extend to the use of linked third party sites. We recommend that you review the terms and conditions of a linked third party websites before using that website.
10. General
10.1 Changes to terms
(a) We reserve the right to revise and amend these terms in our discretion, as follows:
(i) if we consider that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended terms (as applicable) on the Website;
(ii) if we consider that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change (solely by using the email address you have provided) and will display a notice on the Website describing the change.
(b) Your continued use of the Website and/or Service after an amendment will mean that you agree to that amendment. You must stop using the Website and the Service if you do not agree to an amendment.
10.2 Notices
(a) A notice, consent, approval or other communication under this agreement must be in writing and signed by or on behalf of the person giving it, addressed to the person to whom it is to be given and:
(i) delivered to that person's address;
(ii) sent by pre-paid mail to that person's address;
(iii) transmitted by facsimile to that person's address; or
(iv) transmitted by email to that person’s nominated email address.
(b) A notice given to a person in accordance with clause 11.3(a) is treated as having been given and received:
(i) if delivered to a party's address, on the day of delivery if a Business Day, otherwise on the next Business Day;
(ii) if sent by pre-paid mail, on the third Business Day after posting;
(iii) if transmitted by facsimile to a party's address and a correct and complete transmission report is received, on the day of transmission if a Business Day, otherwise on the next Business Day. However, if this means the Notice would be regarded as given and received outside the period between 9:00 am and 5:00 pm at the location of the addressee on a Business Day, then the Notice will be regarded as having been received at the start of the following Business Day.; and
(iv) when the email (including any attachment) comes to the attention of the recipient party or a person acting on its behalf. However, if this means the Notice would be regarded as given and received outside the period between 9:00 am and 5:00 pm at the location of the addressee on a Business Day, then the Notice will be regarded as having been received at the start of the following Business Day.
(c) For the purpose of this clause 11.3 the address of a person is the address specified in Schedule B or another address of which that person may from time to time give notice to that other person.
10.3 Survival
Any indemnity or any obligation of confidence under these terms is independent of, and survives termination or expiry of, these terms. Any other term by its nature intended to survive termination or expiry of these terms survives termination of these terms.
10.4 Severability
If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.
10.5 Waiver
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
10.6 Relationship
These terms do not create a relationship of employment, trust, agency or partnership between you and us.
10.7 Governing law and jurisdiction
These terms are governed by the law of the State of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
10.8 Entire agreement
These terms set out the entire agreement between you and us in relation to your use of the Website and the Service.
11. Definitions and Interpretation
11.1 Definitions
(a) Business Day
(b) Collection Time
(c) Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of Our Service Providers including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.
(d) Laundry Items
(e) Laundry Services includes:
(i) dry-cleaning;
(ii) wash, dry and fold;
(A) at 30 degrees, tumble dried on a medium heat and folded and charged according to the price in our price list. Please note that bedding and towels are not included in “Wash, Dry and Fold”, therefore these will be itemised and your order will be amended accordingly.
(iii) shirt pressing;
(iv) ironing;
(v) cleaning, conditioning and proofing treatment of leather; and
(vi) repairs and alterations.
11.2 Interpretation
In this agreement, unless the context otherwise requires:
(d) words importing the singular include the plural and vice versa;
(e) references to parts, clauses, parties and schedules are references to
parts and clauses of, and parties and schedules to, this agreement;
(f) a reference to any statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing them, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued
under that statute;
(g) a reference to a document includes:
(i) any agreement in writing, or any certificate, notice, instrument or other document of, any kind; and
(ii) any permitted amendment or supplement to, or replacement or novation of, that document;
(h) reference to a person includes that persons employees, agents and contractors,
(i) where the day on or by which anything is to be done is not a Business Day, that thing must be done on or by the next succeeding Business Day; and
(j) a reference to “including”, “includes” or “include” must be read as if it is followed by “without limitation”.
(k) any reference to payment of money in this agreement will be paid in Australian dollars.
(l) headings are inserted for convenience of reference only and are to be ignored in the interpretation of this agreement.