These terms, conditions, covenants, undertakings and the privacy policy (collectively “T&Cs”) and other terms and conditions as may be stipulated by Wabi Clean LLC (the “Company”) (also referred to by the brand name Wabi Clean) from time to time are applicable to any person, whether individual, incorporated or unincorporated entity booking/procuring products and/or services via the Company’s mobile application (the “App”) or any other medium such as website etc. run and operated by the Company.
The App and website are owned and operated by the Company and all rights, title, interests including all intellectual property rights in the App and website vests with the Company. Company reserves the sole right to modify the T&Cs at any time.
The terms 'we', 'us' and 'our' refers to the Company and its affiliates and assignees and the term 'you' refers to persons visiting the App, website or any other medium operated by the company and/or availing/procuring products/services on these mediums. Words denoting singular in these T&Cs means plural and vice versa. Words denoting one gender means any applicable gender.
1. Any products and/or services as availed/booked by you through the App or any other medium operated by the company are provided by third party suppliers (“suppliers”) and not by the Company. These suppliers are independent contractors/service providers and are neither an employee, agent, partner of the Company nor do they have any other analogous relationship with the Company. Company is just a technology platform consolidating and connecting suppliers with the persons who wish to avail their services. You agree that any product(s) and service(s) as listed on the App or on any other medium operated by the company is not provided by the Company.
2. In the event you book/avail any products/services via the App or on any other medium operated by the company then the same shall be at your sole risk and responsibility. You shall be solely liable to ensure that you are lawfully entitled to book/avail such products/services and that you shall use the product(s)/service(s) for only lawful purposes. You shall also ensure that in no event there exists any condition or situation at the place where service is to be provided that may pose any risk or hazard to the suppliers.
3. Company does not endorse and shall not be responsible for any act(s)/omission(s) of the supplier(s) rendering service(s) to you as booked through the App or on any other medium operated by the company. You shall not hold the Company liable for any act, error, omission, breaches or negligence of any supplier including any deficiency, unsatisfactory or delayed performance of services by a supplier or for any personal injuries, death, or other damages or expenses resulting therefrom or from the use of services by you. Company without any obligation may at its sole and absolute discretion try and resolve any dispute between you and a supplier.
4. Company gives you limited non- exclusive, non-licensable, revocable, non-transferrable right to use the App and/or website to just book the products(s)/service(s) listed therein and in no event you shall have any right or license over the App or website including to download, copy, modify or use it any other manner.
5. You shall be responsible for making full and final payment(s) for the product(s)/service(s) booked/availed by you. Payment shall be due immediately upon your use of the product(s)/service(s). In addition there may be a convenience charge, expenses, transportation cost and taxes and other charges which you may be liable to pay in connection with the services.
6. You shall indemnify and hold the Company harmless for any loss, action, damages arising to the Company due to your acts/omissions/violation of any third party/suppliers right by you.
7. You shall not misbehave with the Suppliers in any manner and shall forthwith inform the Company in case of any concerns arising out of the product(s)/service(s) and allow the Company to deal with the same.
8. Company disclaims all warranties and conditions that this App or website is free of viruses or other harmful components. Company disclaims all warranties and conditions whether express or implied, with regard to the details, product(s) and service(s) provided on the App or on any other medium operated by the company including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this App shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.
9. These T&Cs and all matters arising out of the use of travel products and/or services shall be governed by, construed and interpreted in accordance with the laws of the United States, and you hereby consent to the exclusive jurisdiction of courts at New York.