USER REQUIREMENTS AND CONDUCT/USER ACCOUNTS
In order to use most aspects of the Services, you must register for and maintain an active personal user
Services account (“Account”). You must be at least 13 years of age to obtain an Account. Account
registration requires you to submit to ByNext certain personal information, such as your name, address and
mobile phone number, as well as at least one valid credit card. You agree to maintain accurate, complete,
and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date
Account information, including having an invalid or expired credit card on file, may result in your
inability to access and use the Services or ByNext’s termination of this Agreement with you. You are
responsible for all activity that occurs under your Account, and, as such, you agree to maintain the
security and secrecy of your Account username and password at all times. Unless otherwise permitted by
ByNext in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 13. You may not authorize third parties to
use your Account, and you may not allow persons under the age of 13 to use the Services unless they are
accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You
agree to comply with all applicable laws when using the Services, and you may only use the Services for
lawful purposes. In certain instances ByNext or a Third Party Contractor may require you to provide proof of
identity to access or use the Services, and you agree that you may be denied access or use of the Services
if you refuse to provide proof of identity.
TEXT MESSAGES
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part
of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS)
messages from ByNext at any time by sending a request to support@ByNext.com or by replying STOP to any
message you receive. You acknowledge that opting out of receiving text (SMS) messages may impact your use of
the Services.
PROMOTIONAL CODES AND SPECIAL OFFERS
ByNext may, in ByNext’s sole discretion, create promotional codes that may be redeemed for Account credit or
other features or benefits related to a Third Party Contractors, subject to terms that ByNext may establish
on a per promotional code basis (“Promo Codes”).
You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner;
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public,
unless expressly permitted by ByNext, in advance in writing; (iii) may be disabled by ByNext at any time for
any reason without liability to ByNext; (iv) are not valid for cash; and (v) may expire prior to your use.
ByNext reserves the right to withhold or deduct credits or other features or benefits obtained through the
use of Promo Codes by you or any other user in the event that ByNext determines or believes that the use or
redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code
terms or the terms of the Agreement.
MINIMUM PRICE ORDER
The minimum order price is as cited on ByNext’s Services and may change from time to time.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile
network’s data and messaging rates and fees may apply if you access or use the Services from a
wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and Applications and any updates thereto. ByNext does not guarantee
that the Services, or any portion thereof, will function on any particular hardware or devices. In addition,
the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic
communications.
DAMAGED OR LOST ITEMS
It is our priority to supply the best care to your garment and we appreciate your trust.
Missing Items
While it is never our intention for an item to go missing, occasionally it can happen. If this is the case,
please let us know immediately by calling our customer experience team at 1-888-257-8856 or by emailing them
at support@ByNext.co. Notifying the concierge or notifying ByNext via
SMS is insufficient. In order to receive reimbursement, any missing item must be reported to our customer
experience team within twenty four (24) hours of the delivery of the order, in order to ensure the maximum
likelihood that it will be located. All claims are reviewed on a case-by-case basis. Items are considered
lost ten (10) business days after the initial claim has been made. All decisions on lost items are in
ByNext’s sole discretion and are final.
Reimbursement Guidelines
For Wash and Fold/Hang Dry, Dry Cleaning and laundered shirts, any reimbursement for an item or order deemed
lost by ByNext shall be limited to and shall not exceed five (5) times the charge for cleaning the lost item
(not inclusive of tax and other fees) regardless of brand, price or condition of the garment, or $1000,
whichever is lower. To the fullest extent permitted by law, ByNext’s aggregate liability in connection with
a lost item shall not exceed the foregoing amount. ByNext’s offer for reimbursement is valid for seven (7)
business days once the offer is made. Any attempts at redemption beyond that will be evaluated on a case by
case basis. All decisions on lost items are in ByNext’s sole discretion and are final.
Exceptions to this missing items policy include:
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Socks, which will be reimbursed at $5 per pair in ByNext credit, regardless of brand, price or condition
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ByNext does not accept liability for any personal laundry bags that are not ByNext branded bags
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ByNext does not take responsibility for any loose items lost when submitted in a ByNext bag, such as
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Watches, jewelry, cufflinks, money, wallets, etc. and shall have no liability for such items.
ByNext additionally is not liable for damage caused by you not selecting the correct service when placing an
order (e.g. selecting wash and fold instead of dry cleaning, forgetting to add hang dry service), or when
items are sent in incorrect bags (e.g. dry cleaning placed inside a labeled wash and fold bag). ByNext is
also not liable for damage caused by, but not limited to loose items like pens and lipstick.
Any damaged items must be reported by calling us at 1-888-257-8856 or by emailing us at support@ByNext.co
within twenty four (24) hours of delivery of the order. Notifying the concierge or notifying ByNext via SMS
is insufficient. All damaged items must inspected by ByNext through digital photos of each damaged item,
within seven (7) days of delivery of the order. All decisions on damaged items are in ByNext’s sole
discretion and are final.
Damaged Items
Although we do our best to prevent any damages to your garment, unfortunately every garment, regardless of
brand or quality, will wear out over time, and there is nothing ByNext can do to predict when this will
happen, or prevent it. For damage related to normal wear and tear, ByNext does not provide reimbursement or
compensation.
Per industry standards, the following are considered to be normal wear and tear:
- Shrinkage from repeated laundering
- Color fading
- Small holes or tears
- Discoloration caused by hygiene or beauty products (deodorant, perfume, cologne)
- Button damage
- Thinning of fabric
Hang Dry
Because hang dry items are not being placed in a dryer, we cannot guarantee that the items will return dry.
Your items are delivered to our facility where we lift the plastic and allow them to air dry a little longer
before delivery. We recommend removing the plastic from your hang dry and hanging them up to let them
continue drying once you receive your order. Due to the turnaround and the thickness of certain items, the
items may have a “musty smell.” Please keep this in mind when creating orders with longer turnaround that
also include hang dry.
Hang dry items are placed on plastic hangers and are placed in front of fans in our warehouse to help
expedite and facilitate drying. In this process, it is possible for color bleeding to occur. ByNext is not
liable for any color bleeding caused by the hang dry process.
Reimbursement Guidelines
For any items, regardless of service, deemed damaged outside of the above, ByNext may reimburse you by
paying up to five (5) times the charge for cleaning the item (not inclusive of tax and other fees) for which
the damage occurred regardless of brand, price or condition of the garment, or $1000, whichever is lower. To
the fullest extent permitted by law, ByNext’s aggregate liability in connection with a damaged item shall
not exceed the foregoing amount. ByNext’s offer for reimbursement is valid for seven (7) business days once
the offer is made. Any attempts at redemption beyond that will be evaluated on a case by case basis. All
decisions on damaged items are in ByNext’s sole discretion and are final.
In order to receive reimbursement in cash, the damaged item must be given to ByNext to be inspected and
subsequently donated. If you wish to keep your item, only reimbursement in ByNext credit will be offered.
PICK UP AND DELIVERY
Our goal is to provide valuable and timely service to all of our customers and partners. If you cancel a
pickup less than 30 minutes before your requested time, rescheduled a delivery after the designated time for
change (varies by location and city), or if our partners cannot deliver or pickup an order because you or
your designee failed to appear, we may charge a cancellation fee in a reasonable amount (changes per
location and city).
We hope to provide a convenient service to all our customers and can leave orders outside residences or with
a doorman, provided the customer gives written consent. However, once delivery has been made, we will not be
held responsible or liable for the loss or damage of any items. It is the customer’s sole responsibility to
ensure the safety of items after delivery by ByNext.
You have an option to ask us to leave your laundry with the doormen or other location, but ByNext will not
be responsible for any lost cause as a result.
INVENTORY
ByNext reserve the right to keep records of your garments and retain, store, display or reproduce such
records which may include images or photographs, and associate such records with your name or other profile
information for commercially reasonable periods for archival, inventory purposes, quality control, loss
prevention, and or data collection.
USER CONTENT AND INTERACTIVE AREAS
We may provide interactive opportunities in the Services, including, without limitation, user ratings and
reviews, saved favorites and saved instructions, (collectively, “Interactive Areas”) for the enjoyment of
our users.
You represent and warrant that you are the owner or otherwise have the right to provide any information,
comments, reviews, ratings or other materials or content submitted, posted or otherwise transmitted to the
Services (“User Content”). In addition, in consideration of the Services accepting User Content, you hereby
grant to ByNext an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide
sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and
create derivative works from and distribute or otherwise use and reproduce User Content on the Services and
in all forms of media now known or hereafter invented, including but not limited to such uses as on and in
the Services throughout the world in all forms of media now known or hereafter invented in perpetuity
(collectively, the “Uses”) and the right to, in ByNext’s sole option and discretion, attribute such User
Content to the user submitting the User Content. In consideration of submitting User Content, you consent to
the Uses of the User Content without further consideration, compensation, attribution, notification or other
additional consideration and to ByNext’s disclosure of any information related to your use of the Services
in any capacity in connection with ByNext’s display of your User Content on the Services. You also agree to
indemnify and hold ByNext harmless from any claim or demand, including reasonable attorneys’ fees, made by
any party arising out of the Uses of the User Content that you submit on our Services. You waive any rights
you may have in having the User Content edited, altered or changed in any manner not acceptable to you.
Some submissions or postings by users to certain parts of the Services, including, without limitation,
Interactive Areas, will be public and posted in public areas on our Services. ByNext and any contract or
operational providers that conduct, operate and/or manage any portion of the Services will not be
responsible for the action of any users or third parties with respect to any information, materials or
content posted, uploaded or transmitted on the Services.
By participating in any of the aforementioned activities, all users agree to follow the Services standards
of conduct. ByNext reserve the right to change, delete or remove, in part or in full, any postings in
Interactive Areas and to terminate or suspend access to such areas of the Services for conduct that we
believe, in our sole discretion, interferes with other peoples’ enjoyment of our Services. ByNext will also
cooperate with local, state and/or federal authorities to comply with applicable law.
NO UNLAWFUL OR PROHIBITED USE/MONITORING OF SERVICES
By participating in any of the aforementioned activities, all users agree to follow any standards of conduct
posted through the Services. Without limiting the foregoing, you shall not provide any User Content that is
infringing, defamatory, unlawful, obscene, sexually explicit, harassing, threatening, abusive, illegal or
otherwise improper. ByNext reserve the right to change, delete or remove, in part or in full, any User
Content in Interactive Areas and to terminate or suspend access to such areas of the Services for conduct
that we believe, in our sole discretion, violates acceptable use standards or interferes with other peoples’
enjoyment of our Services. ByNext will also cooperate with local, state and/or federal authorities to comply
with applicable law.
ByNext reserves the right, in its sole discretion, to monitor any and all use of the Services.
VIOLATIONS OF THE AGREEMENT
ByNext reserves the right to seek all remedies available at law and in equity for violations of the
Agreement, including the right to block access from a particular Internet address to the Services.
TERMINATION OF SERVICES
ByNext reserves the right, in its sole discretion, to terminate your access to the Applications
and Services
or any portion thereof at any time. We will use commercially reasonable efforts to attempt to
notify you of
such termination. ByNext reserves the right to cancel Services and/or your Account for cause,
such as if a
delivery site is unsuitable, inaccessible or unsafe, or due to force majeure or inappropriate
or abusive
activity by you or third parties. In the event of any termination, you will be responsible for
paying for
Services performed prior to termination.
The Agreement shall continue to apply for as long as you use the Services, and any provisions
contained
herein which by their nature or effect are required or intended to be observed after
termination will survive
termination and remain binding, including the provisions regarding your indemnification
obligations, our
limitations of liability and the resolution of disputes through arbitration.
