Welcome, and thank you for your interest in BlueSky Laundry (“BlueSky”, “we,” or “us”) and our downloadable and hosted software including mobile applications (the “App”), our website at www.blueskylaundry.co.ke and our other websites (the “Website”), and other services provided by us (our “Service”). These terms of service are a legally binding contract between you and BlueSky regarding your use of the Service.
1. Service Overview
- BlueSky provides an on-demand, dry clean and laundry services. Using the BlueSky Website or App or by calling our customer care center, BlueSky customers can request a BlueSky delivery operator (a “Rider”) to meet them at a pre-specified time (“Pick Up Time”) and location (“Pick Up Location”) to collect the customer’s items (“Items”) that are in need of cleaning.
- BlueSky cleans the Items at our dedicated facilities, after which a Rider will deliver the cleaned Items back to the customer at a pre-specified time (“Drop Off Time”) and location (“Drop Off Location”), completing the transaction.
- An order is complete after the items have been delivered to the customer.
- You must be at least eighteen (18) years of age to use the Service. If you are under eighteen (18) years of age, then you must obtain your parent or guardian’s consent before accessing and using the Service.
- By agreeing to these Terms, you represent and warrant to us that:
- you are at least eighteen (18) years of age;
- you have not previously been suspended or removed from the Service, and
- your registration and your use of the Service are in compliance with all applicable laws and regulations.
- If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.
- You accept these Terms by registering for the Service and/or making any payment as required under the Terms. You may also accept the terms by clicking accept or agree to the Terms where and if this option is made available to you in the App.
3. Accounts and Registration
- To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your e-mail address or other contact information. Your name, delivery address, telephone number, e-mail address, and special delivery instructions to help BlueSky to deliver your order on time and to the correct location. A customer service representative will contact you if there are any questions we might have about your order.
- You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.
- When you register, you will be asked to provide a password. Your username and password allow BlueSky to verify that you are a registered customer.
- You are solely responsible for maintaining the confidentiality of your account and password.
- From time to time, BlueSky may conduct surveys online that may ask you demographic information. Your participation is voluntary. We accumulate the responses to improve our services. Participant’s responses are not linked to your personal information on the site.
- You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
Subject to your compliance with these Terms, BlueSky grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable 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 BlueSky and BlueSky’s licensors.
5. Placing an Order
- Using the BlueSky Website or App or by calling our customer care center, BlueSky customers can request a BlueSky delivery operator (a “Rider”) to meet them at a pre-specified time (“Pick Up Time”) and location (“Pick Up Location”) to collect the customer’s items (“Items”) that are in need of cleaning.
- We will assign an order number to each order and inform you of it when We accept the order. Please quote the order number in all subsequent contact with Us in respect of the order.
- Please ensure that you check the details of your order before submitting it as We will not be liable to you for any errors you make. For example, please check carefully that you correctly identify each Item. If you think that you may have made a mistake, please contact us as set out in these Terms.
- In the event that you have not specified the Items for collection in the order the Rider, will at Pick Up Time list the Items and forward the information to BlueSky customer care. An email or text message will be sent to you for confirmation.
- Submission of an order does not create a contract between us. The contract arises when We send you an email or a text message confirming acceptance of your Order and forwarding your invoice for settlement.
- The Rider delivers the Items for cleaning to our dedicated facilities upon settlement of the invoice.
- If for any reason We are unable fulfil your Order, We will notify you know by email.
6. Changes to your Order
- You may make a change to an Order at any time before the Pick Up Time set out in Our email acceptance of your Order by contacting our Customer Care at email@example.com
- With your consent and at our discretion, We may make a change to your Order as an alternative to canceling it in the exercise of our discretion under Clause 10
- Where changes are made to an Order We will re-issue the Order confirmation to you via email.
7. Cancelling your Order
- You may cancel your Order in the following circumstances:
- at any time up to four hours before the Pick Up Time via the App or Website; or
- at any time up to four hours before the Pick Up Time by contacting our Customer Care at firstname.lastname@example.org ; or
- after We have collected your Item(s) if We are affected by an Event Outside Our Control by contacting our Customer Care at email@example.com
- You acknowledge that (subject to Clause 7.1.3) once an Item has been collected from you we have begun to provide the Services to you and that any rights of cancellation will be lost.
- We may cancel your Order and the contract between you and Us in the following circumstances:
- as a result of an Event Outside Our Control; or
- if you fail to make Items available for collection; or
- if we consider that any Item does not correspond with the Order, is damaged, has no information about its content or cleaning instructions, or does not fall within those Items which we accept (for a full list of excluded items please refer to www.blueskylaundry.co.ke )
- If we cancel your Order we will contact you by phone or email and
- where We have already started work on your Order, We will not charge you anything and you will not have to make any payment to Us;
- we will arrange to redeliver the Item(s) to you at the original redelivery time or as soon as reasonably possible;
- make a full refund to you where payment had been made with regard to the order.
8. Collection and redelivery
- We will use reasonable endeavors to collect and drop Items at the times specified in the Order but we cannot guarantee to do so. We will use reasonable endeavors to communicate any delay to you by phone or email.
- Although we always make our best effort to complete the request, we reserve the right to change the PickUp Time or Drop Off Time or the Pick-Up Location or Drop Off Location for any of the following reasons:
- unforeseen traffic, mechanical, or other conditions that can cause a delay
- inability to access the location or reach you via the registered mobile number
- parking restrictions or roadway regulations that prevent the Rider from parking within a two (2) minute walk of your Drop Off Location
- extended cleaning time required as determined by the operations team at BlueSky
- any other situation-specific reason deemed necessary by the operations team at BlueSky
- If you are not available to accept delivery of Items at Drop Off Time, or If Drop Off is not possible due to the customer being unavailable at the Drop Off Time, we will contact you by phone or email to arrange redelivery at your convenience. BlueSky will attempt redelivery only once and will endeavor to find a suitable redelivery time. After that, it is your responsibility to arrange for collection from the facility. However, if a redelivery is urgent, it is the customer’s responsibility to organize a same day courier or collection from the facility.
- If you have failed to accept or arrange redelivery of an Item for more than ninety (90) days after the Drop Off date we may dispose of the Item or donate it to an accredited charity of BlueSky’s choice.
- All items must be acknowledged by a signature at Pick up and Drop Off.
- You may arrange to have Items collected from, or redelivered to, a third party, on condition that you do so at your own risk and the third party is prepared to sign an acknowledgment on your behalf.
- You may, by written instructions to us, request Us to leave an Item in an agreed location without providing Us with a signature of acknowledgment. If you do so, it is at Our discretion and entirely at your own risk and we shall not be liable to you for any damage or loss of Items re-delivered on this basis.
- BlueSky may, at your direction via instructions in the Order Notes, contact with our customer service team through email, chat, phone, or other means, or through SMS or verbal instructions directly to Riders, pick up or drop off Items, from or to a third party or a particular location even without a direct handoff. You acknowledge and agree that BlueSky is not responsible for Items until it is collected by the Rider, and that BlueSky holds no liability for lost or missing garments where the Items become lost or missing as a result of it being left unattended prior to being collected by the Rider or following the completion of the drop off. During drop off, if a third party at the address that you provided acknowledges receipt of the Items, you agree that our Services is complete for the Items and that BlueSky holds no further liability for the condition or whereabouts of those Items thereafter.
9. Processing of Orders
- BlueSky follows standards and policies. These policies are standard to all dry-cleaners including classical retail dry-cleaning stores. We exercise utmost care in cleaning and processing garments entrusted to us and use such processes that, 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 a small hole in fabric that are not readily apparent prior to processing. In dry-cleaning and laundering, we cannot guarantee against color loss, color bleeding, and shrinkage; or against damage to weak and tender fabrics
- Items go through a process that ensures professional cleaning as below:
- Items received are inspected for stains, material defects, and cleaning procedures as recommended by the manufacturer (certain items will be returned, see Authorization Policy).
- Each Item is marked with a unique barcode for identification. The barcode is linked to your order number.
- Items are appropriately cleaned and pressed.
- Items are inspected and the final touches applied.
- Finally, they are sorted and packaged and loaded for delivery.
- BlueSky will take reasonable steps to inspect Items potential flaws or damage, and may notify you of our findings prior to cleaning. This process is not comprehensive and BlueSky makes no guarantee to find all existing issues during the inspection. You acknowledge and agree that BlueSky holds no liability for any loss or damage following a cleaning process where an Item has existing flaws or damage.
- BlueSky will take reasonable steps to ensure that Items are treated according to the instructions on the respective care labels. If an Item within one of these order types does not have a care label attached, BlueSky will treat the Item based on commonly accepted practices within the dry clean industry for that material type, as determined solely by visual inspection and at the discretion of the cleaning staff. BlueSky bears no responsibility for the result of cleaning any Item that does not have a manufacturer care label that is legible in English, nor for any damage that occurs if the care label instructions are incorrect or mislabeled.
- Please ensure to thoroughly check all the garments for hazardous items e.g. coins, pens, keys, etc. as we hold no responsibility for any items lost or damaged as a result of the cleaning process.
- Authorisation Policy
The great majority of garments and household articles clean very satisfactorily. Occasionally, however, BlueSky may recognize a potential problem and ask you to sign a release form before processing the item. This procedure is to notify you that there are a potential problem and a certain risk in the proceeding. It may be a question about color-fastness, the resistance of one component to the cleaning process, or a question of the age of or weakness of the fabric. The main purpose of the release form is to alert you to the possible problem. If you agree, the item will be processed with extreme care and returned to you in a usable condition. However, if damage does develop, BlueSky will not be held responsible since it has warned you of the risk and obtained your consent to proceed. If BlueSky needs for a consent form, a Customer Care Representative will attempt to contact the customer for verification and authorization. If authorization for cleaning cannot be obtained in a timely manner, then BlueSky will deliver the item in question back to the customer. You may choose to re-submit them with a release form expressing your acknowledgment that BlueSky will clean them at customer’s own risk.
- Re-Cleaning Policy
Within two (2) days after delivery, you may return any dry-cleaned items if you are not completely satisfied with the quality of our cleaning, and we will re-clean them free of charge. To request re-cleaning, please send an email to firstname.lastname@example.org and explain the problem. A Customer Service Representative will contact you shortly to arrange a suitable time to resubmit the items and your designated Rider will pick-up the items on the schedule.
- Where you believe an Item has been damaged due to negligence during the cleaning process, you must contact BlueSky within five (5) days from when the item was dropped off to begin the review process. BlueSky reserves the right to examine the Item for a period of no less than forty-eight (48) hours in order to conduct analysis on the claimed damage.
- BlueSky will take reasonable steps to ensure that the Items will not go missing in the course of providing the Services. Where you believe that an item is missing following the completion of the Services, you must contact BlueSky within forty-eight (48) hours of scheduled drop off time of the Items at which time BlueSky will take all reasonable steps to locate the missing Items. You acknowledge that BlueSky may take up to five (5) business days to locate the missing laundry.
10. Service standards
- We will provide the Services with reasonable care and skill in accordance with good industry standards.
- The Service and all materials and content available through the Service are provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied.
- 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, or if you fail to accept redelivery of Items in accordance with an order.
- We may contact you by phone or email if we consider any Items submitted to us to be at an increased risk of damage, including, but not limited to, Items:
- with special requirements or instructions for cleaning;
- with no label indicating cleaning instructions;
- which are damaged or stained; and
- bearing an extraneous or hazardous thing, e.g., pins, jewelry, coins, pens, etc.
- and at our discretion and with your consent may agree to provide the Services at your risk in respect of those Items.
- The BlueSky Entities disclaim all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including:
- any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and
- any warranty arising out of course of dealing, usage, or trade.
- The BlueSky entities do not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and do not warrant that any of those issues will be corrected.
- No advice or information, whether oral or written, obtained by you from the service or any materials or content available through the service will create any warranty regarding any of the BlueSky entities or the service that is not expressly stated in these terms. You assume all risk for any damage that may result from your use of or access to the service, you are dealing with any other service user, and any materials or content available through the service. You understand and agree that you use the service, and use, access, download, or otherwise obtain materials or content through the service and any associated sites or services, at your own discretion and risk, and that you are solely responsible for any damage to your property (including your computer system or mobile device used in connection with the service), or the loss of data that results from the use of the service or the download or use of that material or content.
- We are not responsible for:
- Any item which suffers color loss/shrinkage/ damage, during the cleaning process, whereby the manufacturer’s care label instructions have been adhered to
- Any feather / down filled item
- Any accessory attached to or contained within any item. An “accessory” means (but is not limited to) belts, buckles, buttons, broaches, beading, painted logos, leather trims, furs, signs, zips, hoods, collars, and inner linings.
- Any item which is damaged by any accessory on that item
- Any ink marks left behind by our poly-marking label system
- In the event that any garment/item is lost/damaged by us and is part of a set E.G. two-piece suit/ furnishings/curtains/ upholstery/laundry, We will only compensate for that lost/damaged item that is documented on the customers’ ticket. We will not compensate for retrospective value of set loss / damage.
- Any item that does not show cleaning instructions
- Any item that has deliberate crinkles or creased effects on the fabric which are removed during our cleaning process
- Any item with faulty adhesives or interfacing which leave a mark after cleaning
- Any item which, due to wear and tear or due to its integral nature, is unable to withstand an industrial laundered or dry-cleaned process.
11. Price and Payment
- The price of the Services will be set out in Our price list as set out in the App or Website or available on request from our customer care center and will be the price in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders that We have already accepted.
- Our prices include Value Added Tax (VAT) and any other taxes as may be imposed on such Service at the prevailing rate under the law. However, if the rate of the VAT or any other taxes changes between the date we accept your Order and the date of payment, We will have to adjust the rate of the VAT or the taxes that you pay.
- BlueSky shall be entitled to set and change the price for the Service and from time to time may amend or vary the price for the Services. In the event of such change or variation, the price list will be displayed on the Website or App. BlueSky will use reasonable endeavors to notify you of any changes or variations on the prices within a reasonable period before such changes are implemented. Your continued use of the Service will be deemed to signify acceptance of such changes or variations.
- The price for your order will be communicated to you upon confirmation of the order by Bluesky on the App or the Website or email or text message as the case may be.
- You hereby authorize BlueSky to charge all sums as described in these Terms, for the transactions you select, to the payment method you specify.
12. Termination of Use; Discontinuation and Modification of the Service
- If you violate any provision of these Terms, your permission from us to use the Service will terminate automatically. In addition, BlueSky may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice.
- We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service.
- You may terminate your use of the App at any time by deleting the App from your device or personal computer or mobile device.
- You may terminate your account at any time by contacting customer service at email@example.com
- Deletion of the App and termination of your account is your sole right and remedy with respect to any dispute with BlueSky regarding the App or these Terms.
- If you terminate your account, you remain obligated to pay all outstanding fees, if any, incurred prior to termination relating to your use of the Service.
13. Events Outside Our Control
- We will not be liable or responsible 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.
- An 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.
- If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
- We will contact you as soon as reasonably possible to notify you; and
- 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
- You may cancel your or We may cancel it as provided in these Terms;
- If your Order is canceled We will return your Item(s) to you at no cost to you.
14. Intellectual Property
- BlueSky 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 Application;
- any suggestions, ideas, enhancement requests, feedback, recommendations;
- text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or
- other information provided by You or any other party relating to the Kopa Ride Services.
- Third party trademarks may appear on the Website and Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, You need to get permission directly from the owner of the intellectual property for any use.
- These User Terms do not constitute a sale and do not convey to You any rights of ownership in or related to the Service or any intellectual property rights owned by BlueSky. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by the use of the Services.
- You may use information on the Services purposely made available by Us for downloading from Website/App, provided that You:
- do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
- use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
- do not make any additional representations or warranties relating to such information;
- do not use such information to reverse engineer the Website or the Application;
- do not introduce any virus, Trojan worm, malware or other threats to the Site or the Application.
15. Prohibited Conduct
- By using the Service you agree NOT to:
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party;
- provide us with any hazardous or dangerous items with respect to us carrying out the Services;
- interfere with security-related features of the Service, including by:
- disabling or circumventing features of the Service that determine or verify the validity of any transaction, or the location or identity of any person; or
- reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
- interfere with the operation of the Service, including by:
- collecting personal information or transaction information of any other user without consent;
- engaging in inappropriate or offensive behavior towards, or otherwise interfering with, our Riders or other personnel providing the Service;
- repeatedly scheduling and canceling transactions,
- requesting transactions that are dangerous, needlessly difficult, unreasonably costly, or otherwise not successfully completed, or
- hacking or interfering with or disrupting any network, equipment, or server connected to or used to provide the Service, or violating any regulation, policy, or procedure of any network, equipment, or server;
- perform any fraudulent activity, including:
- impersonating any person or entity, claiming a false affiliation, or accessing any other Service account without permission;
- allowing any other person to use the Services with your account or credentials;
- misleading or deceiving our personnel, including our Riders;
- falsifying your name, age, or date of birth; or
- entering any fraudulent or false transaction, including any transaction upon a payment account which is not your own, has been canceled, or will not have the funds necessary to complete the transaction;
- sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material; or
- attempt to do any of the acts prohibited in these Terms, or assist or permit any person in engaging in any of the acts prohibited in these Terms.
- You agree that you are responsible for your use of the Service, and you agree to defend and indemnify BlueSky and its officers, directors, employees, consultants, contractors, affiliates, subsidiaries, and agents (together, the “BlueSky Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- your access to, use of, or alleged use of, the Service;
- your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
- your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defence of that claim.
- In no event will the BlueSky entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any BlueSky entity has been informed of the possibility of damage.
17. Modification Of The Service And User Terms
BlueSky the right, at its sole discretion, to modify or replace any or all of these User Terms. Your continuous use of the Service after such modification or replacement shall be deemed to be acceptance of the revised terms by You. BlueSky will take all reasonable measures to notify you of any such changes.
- BlueSky may give notice by means of a general notice on the Website or the Application, or by electronic mail to Your email address or a message on Your registered mobile number, or by written communication sent by regular mail to Your address on record in BlueSky’s Account information. Email broadcast by BlueSky will be made through our email address firstname.lastname@example.org
- By creating an Account, You agree that the Services may send You informational text (SMS) messages and email messages as part of normal business operations of your use of the Services.
- You may contact BlueSky by electronic mail at Our email address email@example.com and by written communication sent by regular mail to Our address at xxxxxxxxxxxxx
You may not assign Your rights under these User Terms without the prior written approval of BlueSky. BlueSky can assign its rights under the User Terms to any third party.
20. Applicable Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya and the Parties submit to the jurisdiction of the courts in Kenya.