GENERAL terms and CONDITIONS Of USE OF The APPLICATION, WASHiN

 

  1. PUBLISHER OF The APPLICATION WASHiN 

 

The Application WASHiN (hereinafter the" Application ") is published and operated by a the company WASHIN (hereinafter " WASHiN "), SAS with a capital of 12.546 euros, whose head office is located in 12 rue Saint Denis, 34.000 MONTPELLIER, France, registered with the Register of Commerce and Companies of MONTPELLIER under the number 852 726 165.

 

WASHiN can be contacted at the following address :

 

– by e-mail : contact@washin.fr

– by post : WASHiN, 12, rue Saint-Denis, 34.000 MONTPELLIER, France

– by phone :

Monday to Friday from 9 o'clock to 21 o'clock, at : 0 800 948 006

from Saturday to Sunday from 9 am to 12 hours and 14 hours to 18 hours, at : 0 800 948 006

 

  1. PRESENTATION OF The APPLICATION WASHiN

 

WASHiN is at the initiative of the deployment of a network of laundromats his sign, installed in shops dedicated, either in collective dwellings (university residences, residential hotels, campsites, etc...)

 

These laundromats are equipped with washing machines and dryers connected that can be controlled remotely, hereinafter the " Machines ".

 

The Application is a Web and mobile application designed to remotely manage the Machines. In particular it allows the users (hereinafter "Users"):

 

  • Locate the Machine close ;
  • Check the availability of the Machines ;
  • Book a washing machine for a duration of 10 minutes ;
  • Choose from different programs of washing and drying ;
  • Pay online services use of Machines ;
  • Remotely view the status of the washing programs and/or drying of the Machines, and the remaining time ;
  • Receive the information by means of a notification, of the end of the programme washing and/or drying.

 

  • SCOPE of TERMS OF USE

 

These terms and conditions of use (hereinafter, the " TERMS "), written in the French language and in the English language, are intended to govern the terms and conditions of use of the Application by its Users, as well as the conditions of the reservation and use of the Machines.

They can be consulted directly on its Application in each order and on the website of WASHiN, accessible at the address " washin.fr ".

 

The TOS constitute the entire contractual terms binding WASHiN Users.  

 

All access to and use of the Application as well as any booking and any use of the Machines require the prior acceptance, full and without reservation of these terms. 

 

The User is therefore invited to keep a copy.

 

WASHiN reserves the right to modify these terms at any time, subject to communicate these changes to Users. In case of modification, the new terms and conditions come into force and will replace the previous from their communication to the User by any means, including by e-mail.

 

If one or more provisions of these terms are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

 

  1. ACCESS to The APPLICATION – USER ACCOUNT

 

In order to be able to use the Application, the User must first download and install it on a mobile device (smartphones, tablets running on IOS, Android, HarmonyOS).

 

The Application is for free download and free application portals Google Play Store App Gallery and Apple Store. Acceptance of the terms and conditions of use of these portals is the sole responsibility of the User. WASHiN will not be held responsible for non-observance of the rights and obligations therein.

 

Access to the Application and use of Machines also implies necessarily the creation of a User account, hereinafter the " User Account ".

 

For this, the User must complete the account creation form built-in to the Application by indicating the following information : first name, last name, email address, telephone number, password. Once the information is entered, the User is invited to take note of these TOS and the privacy policy of WASHiN. The User confirms to have read and accepted the terms of these documents by activating switches on the " sliders ", disabled by default, and then by clicking on the button " Create an account ".

 

Only persons who are capable of contracting may use the Application and the services offered by WASHiN. The User declares accordingly have the legal capacity to engage effectively in the title of this TOS and the privacy policy, and acknowledges having the competence and means required to access the Application, use and operate the Machines.

 

 

 

When creating a user Account, the User undertakes: (i) provide all requested information in the fields to complete, (ii) to provide information that is complete, accurate and up to date, and (iii) to modify their information to maintain complete, accurate and up-to-date until the closing of their User Account.

 

The User will then receive an email confirming the creation and activation of the User Account.

 

The User may use the email address and the password provided during the creation of the User Account to log on after the User Account.

 

WASHiN reserves the right to refuse to create a User Account to any person who does not meet the conditions for the creation of such an account.

 

The User is solely responsible for the security and confidentiality of their username and his password. It undertakes not to transmit, or transfer in any manner whatsoever, his or her User Account to a third party or any information related thereto.

 

All uses of User's Account are deemed to have been made by the User, holder of the User Account. The User is warned that he is responsible for all access to and any use of the Application made by him or by any other person using your User Account, including his / her children or by a third party, whether or not it has authorized such access or use.

 

The User undertakes to immediately notify WASHiN in the event of loss, theft, forgotten, or in the event of suspected loss or theft of his / her id or password. It also undertakes to inform WASHiN of any unauthorized use, by a third party, of his or her User Account.

 

In other hand, the User has simply forgotten or wish to change his or her password is prompted to click on the link "forgot your Password ?" and follow the steps indicated to reset your password.

 

Once the User Account is created, the User can view and edit the information related to his User Account under "History" and " Profile ", check the information available on the Application, access to the services offered in the Application.

 

  1. ORDERS OF PROGRAMMES AND USE MACHINES

 

  • Programs offered

 

In view of the use of the Machines, the User can choose among the various programmes of washing and drying proposed in the Application, hereinafter referred to " Programs ".

 

The Application provides Users with the necessary information for the selection and use of the Programs. Users are informed of the essential characteristics of the Programs (the location of the Machine, the indicative duration of the Program, Program type, temperature Program for washing machines it should be directly chosen on the dryer for the drying programs – ability of the Machine, etc...).

 

As a result, the Users are only able to determine whether the Programs meet their needs, and choose Programs with full knowledge of the cause.

 

The Programs and the Machines are meet the requirements of French law relating to the safety and health of persons and the protection of consumers. In particular, WASHiN checks every week for the good functioning of the safety devices of the Machines made available to the Users.

 

Laundry (certified by Ecocert®) is systematically provided with each wash Program and injects automatically during the wash.

 

  • Pricing Programs

 

The rates of the Programs are indicated in euros all taxes included (TTC). The price applicable is that in force on the date of the order.

 

WASHiN reserves the right to modify its prices at any time, while ensuring the User the application of the rates in force at the date of the order.

 

  • Terms of ordering of the Programs

 

To order a Program, the User must follow the following procedure :

 

  • The User must first register with his / her User Account.

 

  • The User must then select the laundromat located around its position. For this, the User can accept to be geolocated, or select, at its discretion, the laundromat in the drop-down menu provided.

 

  • The User can then access the following topics :

 

  • Washing Machine : By clicking on the " washing Machine ", the User can view the washing machines available, choose the machine(s) to wash it wants to use and select the washing Program that suits him. It is then directed to a page to "Verification" which summarizes the Programs that it has selected.

 

  • Dryer : By clicking on the " Dryer ", the User can view the dryers available, choose the dryer(s) you wish to use, select the drying Program that suits him. It is then directed to a page to "Verification" which summarizes the Programs that it has selected.

 

  • Book one machine : By clicking on the "Book a" machine ", the User can view the washing machines available and then choose the washing machine that suits him for the book free of charge for 10 minutes. The booking is not possible for clothes dryers.

 

  • At any time, the User has the possibility to obtain a summary of the selected Programs by clicking on the "Verification" and return to the different stages of his order by adding, modifying or removing Programs of his command. After confirming his / her order, the User can then validate it by clicking on the button " Validate ".

 

  • A summary will then appear indicating, for each selected Program, the references of the Machine, the capacity of the Machine in kilograms, of the selected Programme type, the indicative duration of the Program and the TTC cost of the Program, net of any discounts.

 

  • If this summary satisfied, the User will be able to definitively validate the order and proceed to payment by clicking on " Proceed to payment ".

 

Before clicking on " Proceed to payment ", the User must first check the box of acceptance of these TOS and the acceptance box of the privacy policy of WASHiN.

 

Before clicking on " Proceed to payment ", the User also has the option to add a discount code by activating a switch " slider ", disabled by default. If necessary, the User must fill in the field provided for this purpose by indicating the discount code, then click on the button " Recalculate ".

 

Before clicking on "Proceed to checkout" button, the User can finally also decide to save the data of his credit card for future payments by activating a switch " slider ", disabled by default.

  • After clicking on "Proceed to checkout" button, the User is redirected to a payment page.

 

Once payment is made, the User will be able to immediately use or the Machine(s) selected(s) in the laundromat chosen. If it does not, as soon as it will be reserved for the Machine, its control will be lost and it will not be able to obtain cancellation or refund.

 

  • Payment

 

After having clicked on the button " Proceed to payment ", the User can choose between payment by Credit Card and a payment through the application Lydia.

 

By clicking on the button " Credit Card ", the User can choose their method of payment from the payment methods presented : e-Carte Bleue, VISA, Visa Electron, Visa, Mastercard, Maestro, Paylib. The User must provide his bank details in the appropriate fields : card number, expiration date and visual cryptogram.

 

The User validates the transaction by clicking on the button " Validate ".

 

In choosing the method of payment " Paylib ", the User can proceed with the payment via the user account on the application Paylib. Where applicable, the terms and conditions of use Paylib will apply. The acceptance of the general conditions of use of this application is the sole responsibility of the User. WASHiN will not be held responsible for non-observance of the rights and obligations therein.

 

In the same way, by clicking on the button " Lydia ", the User can proceed with the payment via the user account on the application Lydia. Where applicable, the terms and conditions of use Lydia will apply. The acceptance of the general conditions of use of this application is the sole responsibility of the User. WASHiN will not be held responsible for non-observance of the rights and obligations therein.

 

Once the payment is confirmed, a confirmation email with the details of the order is automatically sent to the email address indicated by the User when creating the User Account. The confirmation email is written in French or English according to the language selected during the order. It contains attachments, a summary of the order, the invoice and a copy of the TOS, applicable at the date of the order.

 

It is recommended to the User to keep a copy on paper or electronic media.

 

All recorded data and the confirmation sent by WASHiN constitute proof of all transactions between WASHiN and the User, and in particular the proof of the date, the nature and content of the order.

 

In addition, a history of orders made by the User is available in the "History" of the User's Account.

 

 

Once the order is confirmed and paid, and to the extent that the Machine will have been reserved for the benefit of the User, the order can not be cancelled or amended, subject to a refusal of the order by WASHiN in the conditions of section 5.5 below. In this regard it is recalled by the User, if he is not sure of his command, he always has the opportunity to book a free washing machine for 10 minutes.

 

  • Right of withdrawal

 

In accordance with the provisions of article L. 221-28 1° of the French consumer Code, in order to be able to immediately use the Machines and benefit from Programs that he has ordered, the User expressly waives his right of withdrawal.

 

In effect, the right of withdrawal does not apply to the provision of services fully executed before the end of the withdrawal period and the execution of which began after the express prior consent of the consumer and expressly waiving his right of withdrawal.

 

  • Execution of Programs and use Machines

 

The User must launch the Program, he has commanded as soon as confirmation of the order. Indeed, in order to ensure that the information on the availability of the Machines are accurate and up-to-date, it is not possible to order a Program for later use.

 

To launch the Program, he has commanded, the User must follow the procedure described below :

 

In the case where the Program would run no or the Machine would not work, the User is prompted to verify a network connection as well as the regularity of the process of an order that it has performed as well as the effectiveness of the payment to which it has proceeded. In effect, the Application uses the WASHiN Machines may be affected by malfunctions of so that these Machines can, in principle, not be reserved and are referred to as "out of service" in the Application, therefore, unavailable.

 

If the Program is still not running in spite of this verification, the User is invited to contact the customer service of WASHiN the contact details specified in article 1 with a view to seeking a solution and, if the service may not actually be provided, to be repaid by WASHiN.

 

The User undertakes to :

 

  • use the Machinery in accordance with their intended purpose and the instructions for use and safety will be given by WASHiN and/or will be disclosed either on the website of the laundry automatically, either within the Application, in particular through the following documents : "manual users ", " Tips ", " Dryer ", " Security Guide "

 

  • use the Machinery in accordance with the law and regulations applicable ;
  • to use the Machine for his own personal purposes only, to the exclusion of any commercial use.

 

It is recalled that the use of the Machines by children was strictly forbidden for security reasons.

 

  1. UNINSTALLING The APPLICATION AND TERMINATION OF the USER ACCOUNT

 

The User can, at any time, discontinue use of the Application and the uninstall of the device. The access to the information contained in the Application is provided for the duration selected by the User, the opening of your User Account until its end.

 

The closure of the User Account is possible at any time at the initiative of the User by means of sending an e-mail to the address " dpo@washin.fr ". The User is informed that uninstalling the App does not automatically lead to the closure of the Account User.

 

The User will receive an email confirming the closing of their User Account.

 

The closure of the User Account may also be carried out at the initiative of WASHiN in the case of (i) a breach of the User to the provisions of these terms, (ii) use of the Application, or Machines for the purposes and under conditions not consistent with those provided for in these TOS, (iii) to affect the Application, in particular in case of infringement of the intellectual property rights in the Application or undermine the operation of the Application, (iv) of damage to the Machine or the operation of the Machines, (v) of denigration by the User of the Application and the services offered by WASHiN, (vi) dispute with the User.

 

In this case, it will be notified by email to the User. The closure will be in effect within [seven] days of sending the User of this notification.

 

In case of inactivity of the User Account for a period of three years, the User Account will be automatically closed.

 

  • USE OF The APPLICATION

 

  • Terms of use

 

The User undertakes to :

 

  • use the Application in accordance with its purpose ;
  • use the Application in accordance with the law and regulations applicable ;
  • use the Application for personal needs only, to the exclusion of any commercial use.

 

In general, the User uses the Application under its own responsibility and at his own risk.

 

 

  • Restrictions of use

 

The User also agrees to :

 

  • not to conceal his or her identity or to use another person to be able to create a User Account, access to the Application and/or use ;
  • not to hijack the User Account of another User ;
  • do not disrupt the functioning of the Application ;
  • do not make any commercial use of the Application or data contained therein ;
  • do not use the Application or its technical infrastructure of an abusive, excessive, or is otherwise inappropriate or harmful ;
  • do not use the Application to promote, sell or advertise by any means of products and/or services of any nature ;
  • not to adopt a conduct or encourage conduct that would prejudice or would reflect negatively WASHiN ;
  • do not use automated systems in connection with the Application such as bots ;
  • do not make extractions of the databases contained in the Application. The use of automated systems or software to extract data from the Application (capture screen data or " screen scraping ") or the index (" crowling ") is strictly prohibited.

 

  • AVAILABILITY OF The APPLICATION

 

The Use of the Application requires access to the internet.

 

WASHiN is committed to provide its best efforts to ensure that the Application is available 24h/24, 7j/7, irrespective of the maintenance operations. As WASHiN is only bound by an obligation of means.

 

WASHiN also reserves the right to suspend or terminate access to all or any part of the Application or a User's Account for reasons of maintenance or security, without prior notice and without being liable to give rise to any compensation for the benefit of the User.

 

WASHiN does not bear any obligation to provide updates to the Application to ensure compatibility with a terminal or with an operating system of the terminal-specific.

 

  1. INTELLECTUAL PROPERTY

 

The Application and all of its components (including source code), or content (including text, animations, interactive features, photographs, images, logos, brands, etc.) are protected by intellectual property rights and are the exclusive property of WASHiN or third parties with which WASHiN has entered into an operating license.

 

The User agrees not to infringe in any manner whatsoever to the intellectual property rights mentioned above, directly or indirectly.

 

As a result, the User is forbidden any type of use not specifically provided by the law to her benefit or not expressly permitted by these terms, and in particular :

 

  • to use the contents of the Application outside of the conditions set forth herein, and in particular for business purposes ;
  • to create, maintain, or provide unauthorized access to the Application ;
  • to reproduce or copy, whether permanently or temporarily, the Application, in whole or in part, by any means and in any form ;
  • to capture, distribute, archive, publish, distribute, sell, rent, lease, sub-license, transfer or otherwise make available to third parties, by any means, including via the Internet, whether for reward or free of charge, any part or all of the Application or its contents ;
  • adapt, alter, transform, or arrange the Application or its content, even partially, in particular with a view to create derivative works of the software, or features derived or new, of any nature whatsoever ;
  • reverse-engineer, reverse engineer, derive, disassemble, or decompile the Application, or translate them into other languages, and, in general, to reconstruct, or reproduce or translate its features ;
  • to alter, modify, move, or replace the trademarks, trade names, logos, copyrights, and any distinctive element of WASHiN such that they are or have been affixed on the Application, its content and all elements of the component.

 

Subject to the application of a specific legal provision, any use of an element protected by an intellectual property right shall be the subject of a prior and written authorization of the share of WASHiN.

 

WASHiN is also the sole owner of the intellectual property rights relating to the name, the brand and the logo used and integrated to the Application. The brand "WASHIN" is registered in France and abroad (registration numbers 4579513 and 1523166). The use of the name, mark or logo belonging to WASHiN is assumed as a result the prior written permission of WASHiN.

 

  1. PERSONAL DATA

 

In the context of the use of the Application, WASHiN may be required to collect and process the personal data of the Users.

 

This is particularly the case when a User (i) creates a User Account, and (ii) agree to be geo-located, and (iii) agrees to receive notifications, (iv) an order, and (v) exchange, with WASHiN by postal mail, e-mail, or via the contact form available in the " contact Us "section.

 

WASHiN undertakes to collect and process the personal data of Users in accordance with the regulations in force and in particular the general Regulation on the protection of personal data (RGPD) and Law n°78-17 of 6 January 1978 relating to computers, files and freedoms, as amended (Law on Informatics and Liberties).

 

For more information on the conditions of collection and processing of their personal data, the User is invited to consult the Privacy Policy of WASHiN.

  1. LIABILITY

 

11.1 Responsibility of the User

 

11.1.1 Use of the Application

 

The User is solely responsible for the use he makes of the Application. In particular, the responsibility of WASHiN cannot be held responsible in the event of use of the Application not in accordance with these terms, or with the regulations in force.

 

The User is also responsible for all usage of your User Account, that it is the authorized third party or not.

 

Similarly, the User is solely responsible for the choice of Programs is likely to be ordered through the Application. The information contained in the Application does not, in fact, be regarded as constituting a recommendation or prescription of order.

 

       11.1.2 Use of the Machines

 

In general, the User uses the Machines under its own responsibility and at his own risk. It must strictly select a programme suitable to the cloth that he wants to wash or dry out and must respect the indications of washing and drying worn on the clothes and on the machine.

 

WASHiN cannot in any way be responsible for damages resulting from a poor choice of programme, temperature, a mixture of colors and, in general, the non-observance of the instructions for use and safety by the User or by a third party.

 

       11.1.3 Comments, opinions, information, news releases on the Internet

 

The User is responsible for comments, opinions and any information, that he is likely to communicate and share the Internet connection with the Application and the Machines, and in particular, through social media platforms and Google.

 

Users who have voluntarily liable for the comments or releases of information having the character to be inappropriate, incorrect, or harmful, are subject to the deletion of their User Account, without prejudice to any proceedings that may be incurred.

 

       11.2 Liability of WASHiN

 

11.2.1 Liability related to the Application

 

WASHiN strives to ensure the update of the information posted on the Application. However, WASHiN can not guarantee that the information made available to Users on the Application are true, accurate, current and complete. It is clarified that WASHiN is not required, as an obligation of means.

 

In particular, the responsibility of WASHiN will not be held responsible in the event of a malfunction, impossibility of access, or poor use conditions of the Application that are not directly attributable, in particular in case of use of unsuitable equipment, disruptions due to operators ' networks, providers of access to the Internet network congestion.

 

11.2.2 Liability in connection with the execution of Programs and the use of Machines

 

The Machines are self-service, in laundromats available to the public. WASHiN cannot be responsible for any theft, damage or consequential damage caused to the machine or property of Users who have been deposited in the laundry room. It is recommended to the User to be present at the recovery of his personal effects at the end of each Program.

 

11.2.3. General

 

The responsibility of WASHiN may not be engaged in case of non-performance or bad execution of an order due, either to the User or to a third party.

 

WASHiN not liable towards the User and of the facts which are directly attributable and which have caused direct harm.

 

The responsibility of WASHiN shall not be liable for any inconvenience or damage arising from the use of the network to the Internet, including loss of data, a break of service, external intrusion or presence of computer viruses.

 

The responsibility of WASHiN is totally excluded in the event of an event considered of force majeure within the meaning of article 1218 of the civil Code, and covering in particular the following facts : power failure, failure of the internet or mobile telephony and, in general, any event that is inevitable and unpredictable and beyond the control of WASHiN the meaning given by the act and the case law.

 

  • APPLICABLE LAW, COMPLAINT AND MEDIATION

 

The terms of use and all disputes relating to their validity, their interpretation, their execution or their suites are subject to French law and the exclusive jurisdiction of the competent French courts.

 

For any questions or complaints, the User can contact the customer service of WASHiN the contact details provided in section 1 hereof.

 

In addition, in accordance with the provisions of the consumer Code, the User with the status of a consumer, has the right to have recourse free of charge to a mediator of consumption with a view to the amicable resolution of a dispute that is the object to WASHiN. The User may access the names, contact information, and Web sites of the ombudsmen referenced through the web site www.mediation-conso.fr.

 

Enfin, l’Utilisateur est informé que la Commission Européenne a mis en place une plateforme de Règlement en Ligne des Litiges, facilitant le règlement indépendant par voie extrajudiciaire des litiges en ligne entre consommateurs et professionnels de l’Union européenne. Cette plateforme est accessible à l’adresse https://webgate.ec.europa.eu/odr/.