Terms & Conditions
Last Updated: October 1, 2022
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. BY DOWNLOADING, INSTALLING, AND USING THE APP OR BY ACCESSING AND BROWSING THE SITE OR BY POSTING A LINK ON ANY WEBSITE(S) OWNED OR OPERATED BY YOU, YOU ARE ACCEPTING TO BE BOUND BY THESE TERMS, AS MAY BE REVISED BY COINAMATIC FROM TIME TO TIME IN ACCORDANCE WITH THE REQUIREMENTS OF APPLICABLE LAWS WHETHER OR NOT YOU ARE REGISTERED TO HAVE AN ACCOUNT ON THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE STOP USING THE SERVICES AND UNINSTALL THE APP IMMEDIATELY.
These Terms constitute a legal agreement between you and Coinamatic, which is the owner and operator of the Services. These Terms govern your use of the Services. By using the any of the Services, you agree to be bound by and comply with these Terms.
From time to time, we may supplement these Terms with additional terms and conditions pertaining to specific content, activities, features or events (“Additional Terms”). Such Additional Terms may be placed on the Site to be viewed in connection with the specific content, activities, features or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
If you are an employee of Coinamatic, in addition to these Terms please note that your use of the Services as an employee must at all times also be consistent with the Coinamatic Canada Inc. Code of Conduct contained in the Employee Handbook and other related statements, policies and procedures that Coinamatic may implement from time to time.
Coinamatic provides you use of the App under the terms and conditions of these Terms to allow mobile payments for laundry room machines and related services (collectively, “Laundry Services”) at participating locations owned, controlled, and/or operated by Coinamatic.
Coinamatic provides you use of the Site under the terms and conditions of these Terms solely for informational purposes, to initiate service requests, to explore job opportunities and to facilitate your inquiries and other communications with us.
In Coinamatic’s sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services including, but not limited to, (i) changing or deleting information available on the Services, (ii) restricting the time any of the Services are available, (iii) restricting the amount of use permitted, and (iv) restricting or terminating any user’s right to use the Services. The Services may include inaccuracies or typographical errors.
The Services are not intended or targeted for use by anyone under the age of 13 (under 14 in Quebec). You must be at least 13 (under 14 in Quebec) years of age to access and use the App. If you are under the age of majority where you live, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a User under the age legal majority, you agree to be fully responsible for the acts or omissions of such User in connection with the Services. In the event that your child has submitted personal information and you would like to request that such information be removed, you may do so at any time and Coinamatic will use reasonable efforts to comply with your request. Such requests can be made by contacting us at firstname.lastname@example.org.
3. User Account and Account Security
You will need to create and register for an account to use certain Services. If you register for an account, you will be asked to provide your name, password, address, e-mail address, phone number, and/or financial information (including payment card information) (“Account Information”). You agree to provide accurate, truthful, current and complete Account Information and promptly update this information if it changes. You are responsible for all activities that occur in connection with your account. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.
4. User License
Subject to these Terms, Coinamatic grants User a personal, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable licence to download, display, and use the App, including text, graphics, images, photographs, videos, data, displays, illustrations, and other content associated with the App (“Coinamatic Content”), for personal non-commercial use in connection with the Services. This licence does not include any right to, and you will not: (a) sell, resell or commercially use the App or Coinamatic Content; (b) copy, reproduce, distribute, publicly perform or publicly display the App or Coinamatic Content; (c) modify the App or Coinamatic Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the App or Coinamatic Content; (d) use any data mining, robots or similar data gathering or extraction methods on the App; and (e) use the App or Coinamatic Content other than for their intended purposes.
Provided that you are eligible for use of the Site and subject to these Terms, Coinamatic grants to you a limited license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on our Site, for non-commercial, personal, or educational purposes only, provided that:
- you do not modify any such content; and
- you include with and display on each copy of such content the associated copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing, you may not:
- make any commercial use of such content;
- include such content in or with any product that you create or distribute; or
- copy such content onto your or any other Site.
Notwithstanding the foregoing, unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
The Services are protected by the copyright laws of the United States, Canada, international treaties and conventions, and other laws, and Coinamatic retains all right, title, and interest in and to the Services, including all intellectual property rights associated with the Services. Except as expressly granted above, you have no intellectual property rights in the Services (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Coinamatic reserves all rights not expressly granted to you.
The names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Services are trademarks of Coinamatic or third parties. Without limiting the generality of the foregoing, “Canada’s Most Trusted Name in Apartment Laundry”, “Coinamatic”, “Coinamatic Commercial Laundry” and the Coinamatic word mark are trademarks of Coinamatic; “Wash Multifamily Laundry Systems” and the WASH word mark are the registered trademarks of WASH Multifamily Laundry Systems, LLC; and “SmartCity” is a registered trademark of ParkSmart Inc. While certain third-party trademarks may be used by Coinamatic under licence, the display of such trademarks on any of the Services does not imply any relationship or licence between Coinamatic and the owner of the trademark, nor does it imply that Coinamatic either recommends or endorses the products, services or business processes of the said trademark’s owner.
6. App Account Balances
You need to have a positive account balance in order to use the App with the Laundry Services. Coinamatic uses a third-party processor that will enable you to fund your Coinamatic account via the App. Your payment card (e.g., credit card or debit card) will be billed in accordance with the terms and conditions provided by such third-party processor and any Account Information you provide in connection with the payment card processing will be transferred or disclosed to such third-party processor for the purposes of processing your payment. Your dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any third-party services, are solely between you and the applicable third party. Upon completing your transaction, your account will be funded in the amount you designated. The value of funds can be used only for the Services.
7. App Payments
You can use your mobile device to pay for the Laundry Services using the App. In doing so, Coinamatic will deduct the amount of the payment from your account balance. You are responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Services. Coinamatic reserves the right to change the fees for the Services at any time in accordance with the requirements of applicable law in your Canadian jurisdiction of residence.
8. Email Communications, Push Notifications
Upon download of the App, your ability to receive push notifications on your device may be enabled. Push notifications may include promotional communications, offers, and system messages pushed to the device. You may disable push notifications through the operating system settings of your mobile device.
10. App Updates & Upgrades
11. Prohibited Conduct
You agree to use the Services in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Services. In connection with your use of the Services and the Laundry Services, you will not:
- Engage in any abusive, libellous, defamatory, discriminatory, embarrassing, obscene, hateful, harassing, threatening, intimidating, predatory or stalking conduct or otherwise infringes or violates the rights of any other party;
- Impersonate another person or log into an account which you are not authorized to access;
- Use or attempt to use another User’s account without authorization from that User and Coinamatic;
- Use the App in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the App and the Services or that could damage, disable, or impair the functioning of the App and the Services in any manner, including with respect to Coinamatic’s network or network security;
- Interfere or attempt to interfere with service or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
- Reverse engineer, decompile, or disassemble any aspect of the App or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; or
- Develop or use any third-party applications that interact with the Services or Laundry Services without our prior written consent, including any scripts designed to scrape or extract data from the Services.
Coinamatic may from time to time monitor or review material transmitted or posted using the Services and reserves the right to delete any material we deem inappropriate. However, we are under no obligation to do so and assume no responsibility or liability arising from any material transmitted or posted using the Services.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Coinamatic, the Services or the Laundry Services (collectively, “Feedback”), is non-confidential and will become the sole property of Coinamatic. We will own exclusive rights, including all intellectual property rights, in and to Feedback, and you hereby assign to Coinamatic all rights, title and interest in any Feedback, and waive your moral rights therein. We will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For greater clarity, Coinamatic will be free to use any ideas, concept, know-how or techniques contained in Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services which incorporate or otherwise rely upon Feedback.
To the fullest extent permitted by applicable law, you will indemnify and hold harmless Coinamatic, our affiliates, and each of our respective officers, directors, agents, and employees from and against any loss, liability, claim, demand, damages, expenses or costs (including reasonable attorneys’ fees) (“Claims”) arising out of or related to (a) your access to or use of the App; (b) your violation of these Terms; or (c) your conduct in connection with the Services. You agree to promptly notify us of any such Claims, cooperate with Coinamatic in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that Coinamatic will have sole control of the defence or settlement of any Claims.
THIS CLAUSE DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC:
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND COINAMATIC CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, AND COINAMATIC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS, IMPLIED, OR THROUGH COURSE OF DEALING OR TRADE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, COINAMATIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICES AND COINAMATIC CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE COINAMATIC ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES OR ASSOCIATED SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL COINAMATIC (OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR RESPECTIVE SUCCESSORS) BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS ARISING FROM OR RELATED TO ANY USE OF THE SERVICES, INCLUDING ANY DAMAGES OR LIABILITY RESULTING FROM ANY DELAY OR INABILITY TO USE THE SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF COINAMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COINAMATIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED, IN THE AGGREGATE, FIFTY CANADIAN DOLLARS (CAD $50.00). BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, IN THOSE JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Governing Law and Venue
These Terms and your access to and use of the Services will be governed by and construed and enforced in accordance with the laws of your Canadian jurisdiction of residence, without regard to conflict of law rules or principles that would cause the laws of any other jurisdiction to apply. The parties expressly agree that any dispute between the parties will be resolved in a court of competent jurisdiction in the closest major city to your place of residence within your province/territory of residence.
17. Changes to these Terms
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms within the App and update the “Last Updated” date above. We may also attempt to notify you by sending an email notification to the address associated with your account or providing notice through the App. Unless we say otherwise in our notice, and except in Quebec, the amended Terms will be effective immediately and your continued access to and use of the App after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the App.
In Quebec, Coinamatic may amend the following elements of these Terms: (a) Services, (b) Eligibility, (c) User Account and User Security, (d) User License, (e) Trademarks, (f) Account Balances, (g) Payments, (h) Email Communications, Push Notifications, (i) Privacy, (j) Updates & Upgrades, (k) Prohibited Conduct, (l) Feedback, (m) Indemnification, (n) Disclaimers, (o) Limitation of Liability, (p) Governing Law and Venue, (q) Changes to these Terms, (r) Electronic Communications, (s) Termination, (t) General Provisions, or (u) Contact. Any such amendments will come into effect thirty days following notice to you. The notice will exclusively set out any new clauses or amended clauses as applicable, the date the amendments come into effect, and a statement of your rights as set out in this paragraph. If you do not agree to the amended Terms, (i) you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending Coinamatic a notice to that effect no later than thirty (30) days after the amendment comes into force; and (ii) you must stop accessing and using the App. If you do not exercise your right to rescind or cancel these Terms by sending Coinamatic notice within thirty (30) days after the amendment comes into force, your continued use of the Services at any time after such thirty (30) day delay has expired will constitute consent to be bound by the amended Terms.
18. Electronic Communications
By creating a Coinamatic account, you also consent to receive electronic communications from Coinamatic (e.g., via email or by posting notices on our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy, to the maximum extent permitted by law, any legal communication requirements, including, but not limited to, that such communications be in writing.
If you are in breach of any of these Terms, we reserve the right, in our sole discretion, to cancel or terminate your right to access or use of the Services. You agree that any termination or cancellation of your access to or use of the Services may be effected without prior notice. We are not responsible for any loss, damage or harm related to your inability to access or use the App based on such termination. The disclaimers and limitations of liability set forth in these Terms, and any other provisions which by their nature are intended to survive termination, shall survive termination of these Terms. If you do not abide by the terms of this Agreement, you agree that we may immediately deactivate or delete your Account, if any, and all related information and/or files in your Account and/or bar any further access to such information and/or files and/or the Site (or any part thereof). Further, you agree that we shall not be liable to you or to any third-party for any termination or cancellation of your access to, or use of, the Site including your Account. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of or to the Site, or any policies or practices by CCI in providing the Site, including without limitation any change in content, is to cease using the Site and cancel or terminate your Account, as applicable. Although CCI does not constantly monitor the Site, it nevertheless expressly reserves the right to do so.
20. General Provisions
These Terms constitute the entire agreement between you and Coinamatic relating to your access to and use of the Services. The failure of Coinamatic to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If you have any questions regarding the Services, Coinamatic Content and/or these Terms, you can contact us at email@example.com.