TERMS AND CONDITIONS
1. Contractual Relationship
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR ANY OF THE SERVICES AND APPLICATIONS. If you do not agree to these Terms and Conditions, please do not access or use this website or the products or services offered thereby.
These terms and conditions (“Agreement”) apply to Foto-ZZoom Sdn Bhd (“dobiQueen”) website (dobiqueen.my) and the related mobile application and/or selected other domains, existing or future, and related content, products and services (collectively, the “Services”) As used in this Agreement, “dobiQueen,” “we,” “us,” or “our” shall mean Foto-ZZoom Sdn Bhd.
As a condition of this Agreement, you further acknowledge that we may, in our sole discretion, modify this Agreement at any time by providing notice. That notice may be given:
i. by notification through our website or mobile applications or by e-mail, or
ii. by posting a revision to these Terms and Conditions and changing the last updated notice above. Your continued access or use of the Services after such notice or posting constitutes your consent to be bound by the Agreement, as amended. You affirm that you will review this Agreement periodically, so that you are aware of any and all modifications made to this Agreement.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms, if any, will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental terms shall prevail over the terms of this Agreement in the event of a conflict with respect to the applicable Services.
2. The Services
dobiQueen is an on-demand laundry delivery service and self service laundry provider that enable users to schedule the service using dobiQueen’s mobile applications or website which is provided as part of the Services (each of the mobile application and the website is an “Application”) or physically visiting a retail store where users can use the machinery provided to handle their laundry on their own. After scheduling the reservation using the Application for delivery services, a logistic provider will communicate with dobiQueen and will pick up and deliver the user’s laundry.
Ownership and Restrictions on Use of Materials
The Services, including, but not limited to, the text, content, photographs, images, video, audio, graphics, and any software (including any files or images incorporated in or generated by the software, or any data accompanying the software) available on or through the Services, or contained in the Services (“Materials”) are owned and operated by dobiQueen. The Services and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the Malaysia and other countries.
Except as otherwise indicated in the Services and except for the trademarks, service marks and trade names of other companies that are or may be displayed in the Services, all trademarks, service marks, trade dress and trade names are proprietary to dobiQueen.
By accessing and using the Services, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in this Agreement.
No Materials from the Services and Applications may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the Materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract Materials from this website. Modification of the Materials or unauthorized use of the Materials for any other purpose is a violation of dobiQueen’s trademark, copyright, trade dress and other proprietary rights. The use of any such Materials on any other site or networked computer environment is prohibited unless approved in advance and in writing by dobiQueen.
In the event that you download any software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) is non-exclusively licensed to you by dobiQueen. dobiQueen does not transfer title to the Software to you. dobiQueen retains full and complete title to the Software, and all intellectual property rights therein. You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary content without the express written permission of dobiQueen or such other party as may own the proprietary rights.
Subject to your compliance with the terms of the Agreement, dobiQueen 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, noncommercial use. Any rights not expressly granted herein are reserved by dobiQueen and dobiQueen’s licensors.
3. Use of Services
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 18 years of age to obtain an Account. Account registration requires you to submit to dobiQueen 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 dobiQueen’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 dobiQueen in writing, you may only possess one Account.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 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 dobiQueen 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.
By placing an order or creating an Account, you agree that the Services may send you informational and marketing emails as part of the normal business operation of your use of the Services. You may opt-out of receiving emails from dobiQueen at any time by sending a request to email@example.com. You acknowledge that opting out of receiving emails may impact your use of the Services.
4. Promotional Codes and Special Offers
dobiQueen may, in dobiQueen’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 dobiQueen 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 dobiQueen, in advance in writing;
iii. may be disabled by dobiQueen at any time for any reason without liability to dobiQueen;
iv. are not valid for cash; and
v. may expire prior to your use. dobiQueen 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 dobiQueen 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.
5. 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. dobiQueen 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.
6. Missing or Damaged Items
We care about your laundry, and never intend for any of your laundry item(s) to go missing, but unfortunately that can happen - this is due to the complex logistics requirement for the fulfilment of this service, your laundry is managed by multiple personnel's in communication with each other, across different locations, from different parties.
If you have a lost item, please let us know immediately by calling our customer experience team by emailing us at firstname.lastname@example.org. Notifying dobiQueen via SMS/WhatsApp is not sufficient. In order to be evaluated for reimbursement, any missing item(s) must be reported to our customer experience team within twenty four (24) hours of the delivery of your order, to ensure a higher possibility that it will be located and traced back. All cases will be investigated, and reviewed on a case-by-case basis. Items are considered not retrievable and permanently lost - seven (7) days after the initial claim has been made. All decisions and reimbursements (if any) on lost items are in dobiQueen’s sole discretion and are final. By using our services, you understand and agree that missing item(s) incidents are part of the risks that you take for using our service.
Further considerations to this missing items clause include:
• dobiQueen does not accept liability for any personal laundry bags that are not dobiQueen branded bags
• dobiQueen does not take responsibility for any loose items lost when submitted in any bag, such as but not limited to: watches, jewelry, cufflinks, money, wallets, access cards etc. and shall have no liability for such items.
Although we do our best to prevent any damages to your garment(s), unfortunately every garment, regardless of brand or quality, will wear out over time, and there is nothing dobiQueen can do to predict when this will happen, or prevent it.
Also, as we provide our services on a 1 bag 1 machine procedure to ensure hygiene for every customer, it is your responsibility as a customer to separate your laundry into different bags if you intend to not have any risks of colour run / colour bleeding incidents affecting garments within the same bag. By using the service you understand that you have the responsibility to prepare your bag accordingly (eg: separate different laundry by colours, in different bags), and add the required packages for checkout.
For damages related to normal wear and tear, dobiQueen 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 major tears (especially old fabrics)
• Discoloration caused by hygiene or beauty products (deodorant, perfume, cologne)
• Button damage
• Thinning of fabric
All damaged items must inspected by dobiQueen through digital photos of each damaged item, within seven (7) days of delivery of the order. All decisions on damaged items are in dobiQueen’s sole discretion and are final. Additionally, dobiQueenis not liable for damage caused by you not selecting the suitable service and/or abusing a service when placing an order (e.g. selecting small bags instead of large bags), or when items are sent in incorrect bags. dobiQueen 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 03-2935 9925 or by emailing us at email@example.com within twenty four (24) hours of delivery of the order. Notifying dobiQueen via SMS/WhatsApp is not sufficient. .
For all Services rendered with regards to the laundered items not limited to fabrics, clothing, textiles or garments, any reimbursement for an item or order deemed lost or damaged by dobiQueen shall be limited to and shall not exceed two (2) times the charge for cleaning the lost item (excluding tax and other fees) regardless of brand, price or condition of the garment, or RM 300, whichever is lower.
To the fullest extent permitted by law, dobiQueen’s aggregate liability in connection with a lost or damaged item shall not exceed the foregoing amount. dobiQueen’s offer for reimbursement is valid for seven (5) 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 and damaged items are in dobiQueen’s sole discretion and are final.
7. Pickup and Delivery
Our goal is to provide timely service to our customers. We will at our best ability use reasonable endeavours to collect and re-deliver items at the times specified in your order, but this is not a guarantee. We use our best endeavours to communicate any delay to you by phone, email or through messaging apps and to deliver orders to our customers within their chosen time slot, but exclude any liability for any and all consequential losses which a customer may suffer as a result of late delivery.
Same Day Delivery
Our same day delivery is only applicable for orders picked up before 12pm. If you order is picked up after 12pm, it will be scheduled for next day delivery, or a time that you specified in the future.
Cancellation and Rescheduling
If you cancel a pickup, or rescheduled a delivery time slot, 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 (charges per location and city).
If our partners cannot deliver or pickup an order because you or your designee is late to appear after 10 minutes upon the arrival time of the partner, late fee charges will be applicable at RM3 per every additional 5 minutes of waiting.
Unattended laundry pickups and drop-offs
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 dobiQueen. You have an option to ask us to leave your laundry with the doormen or other location, but dobiQueen will not be responsible for any lost cause as a result. You are responsible for ensuring that we and/or our contractors have such access (including free parking facilities) as may be reasonably required to carry out the Services.
If you have failed to accept or arrange redelivery of an Item for more than 30 days after the redelivery date specified in the Order we may dispose of the Item or donate it to an accredited charity of dobiQueen's choice
Minimum Price Order
The minimum order price is as cited on dobiQueen’s Services and may change from time to time.
Additional surcharges or fees might be applicable to customers at for the following situations:
i. In the event that the laundry load provided by the customer exceeds the recommended load threshold for a designated washer, or dryer machine;
ii. In the event that additional mileage charges are required due to further travelling distance required (>5km per trip), and/or the change of rates from the engaged 3rd party logistics provider.
8. Unattended Items in Washers & Dryers
For the convenience of other Users of the Washers or Dryers, employees and customers reserve the absolute right to remove all unattended items from the Washers or Dryers after the completion of the washing / drying process, without consent from the owners of the garments. Users are advised to return to the premises before the completion of the washing / drying process to tend to their garments.
It is the users’ sole responsibility, to look after the users’ laundry or any personal belongings that are within the premises and/or within the vicinity of the premises. If any belongings are left in the premises and unclaimed for after a period of 2 weeks (14 days), the Vendors reserve the sole rights to deal with the unattended belongings as they see fit, which includes disposal in whatever methods deemed appropriate. For the general comfort, courtesy and convenience of other Users, Users hereby undertake not to bring into the premises items that are not for the purposes of washing and drying which includes but not limited to pets and items which are generally regarded as dangerous, offensive and unsightly in nature. dobiQueen reserves the absolute right to refuse entry to Users who violate this undertaking and/or disposal of any unattended items of such nature, which includes reporting the matter to the police and the authorities.
dobiQueen 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.
9. User Content and Interactive Areas
We 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 dobiQueen 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 dobiQueen’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 dobiQueen’s disclosure of any information related to your use of the Services in any capacity in connection with dobiQueen’s display of your User Content on the Services. You also agree to indemnify and hold dobiQueen 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. dobiQueen 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. dobiQueen 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. dobiQueen 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. dobiQueen 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. dobiQueen will also cooperate with local, state and/or federal authorities to comply with applicable law.
dobiQueen reserves the right, in its sole discretion, to monitor any and all use of the Services.
Violation of Agreement
dobiQueen 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
dobiQueen 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. dobiQueen 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.
You understand that use of the Services may result in payments by you for the services you receive (“Charges”). After you have received the service ordered through your use of the Service and Applications, dobiQueen will process payment of the applicable Charges, using the preferred payment method designated in your Account, and will send you a receipt by email.
Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by dobiQueen. Any request for lower Charges or disputes regarding the Charges should be addressed to dobiQueen by contacting firstname.lastname@example.org.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that dobiQueen may use a secondary payment method in your Account, if available. Please note that in the event you dispute any part of a valid Charge via chargeback, you agree that dobiQueen have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections and/or report delinquent payment to credit bureaus.
dobiQueen reserves the right to establish, remove and/or revise prospective Charges for any or all aspects of the Services at any time in dobiQueen’s sole discretion. The Charges indicated via the Services at the time of your order shall apply (subject to any applicable discounts or promotions). dobiQueen may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
11. Disclaimers, Limitations of Liability, Indemnity
The Materials and the Services are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, dobiQueen and its officers, directors, employees, agents or representatives disclaim with respect to the Services and the Materials herein all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. It is your responsibility to carefully read and inspect any service or product you purchase through our Applications upon your receipt to determine safety and appropriateness for your consumption or use. dobiQueen does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the server that makes it available are free of viruses or other harmful components. dobiQueen does not warrant or make any representations regarding the use or the results of the use of the Materials and/or the Services in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise. You (and not dobiQueen) assume the entire cost of all necessary servicing, repair, or correction. dobiQueen does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the Services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under Applicable Law. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
To the fullest extent permitted by law, under no circumstances, including, but not limited to, negligence, shall dobiQueen or its officers, directors, employees, agents or representatives be liable to you or any third party for any special, consequential, incidental, direct, indirect, or punitive damages or any other loss or injury that result from the use of, or the inability to use, the Services or the Materials, even if dobiQueen or a dobiQueen authorized representative has been advised of the possibility of such damages. In no event shall dobiQueen have any liability for any damages, losses and other causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing or using the Services or engaging the services of or purchasing product(s) of a third party through or after accessing the Services. To the fullest extent permitted by law, your sole remedy with respect to lost or damaged items is as provided above in the sections entitled “Damaged Items” and “Lost Items.” If, notwithstanding the foregoing exclusions, it is determined that dobiQueen or its agents, employees, officers or directors is liable for damages, in no event shall dobiQueen’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) related to the Applications or Services exceed the amount paid by you, if any, for such Application or Services.
Use of Links
The Services may contain links to other websites and services which are developed, sponsored and/or maintained by third parties. dobiQueen does not review, monitor, operate or control any such third party website/services accessible through these links, and is not responsible for the content available on or through such third party websites/services. By providing access to the linked websites/services, dobiQueen is not recommending or endorsing the products or services provided by the sponsor or owner of those websites/services. dobiQueen makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy or subject matter of any electronic content, or the use of any personal information you provide to any such website/services. You acknowledge and agree that use of such links is entirely at your own risk. dobiQueen reserves the right to discontinue links to any other website at any time and for any reason.
To the fullest extent permitted by law, You agree to indemnify and hold dobiQueen and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:
i. your use of the Services;
ii. your breach or violation of any of this Agreement;
iii. dobiQueen’s use of your User Content; or
iv. your violation of the rights of any third party, including Third Party Contractors. This indemnification section does not apply to dobiQueen’s own negligence, recklessness or intentional conduct.
Governing Law and Arbitration
You acknowledge and agree that your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the Malaysia, without regard to any principles of conflicts of law.
Please read this section carefully because it requires you to arbitrate disputes, waives your right to a trial, and limits the manner in which you can seek relief. Any dispute or claim relating in any way to these to the Agreement, the Applications, or any Services, will be resolved by binding arbitration under the Malaysia Arbitration Act 2005 (“Arbitration Act”), rather than in court, except that you may assert claims in small claims court if your claims qualify.
dobiQueen may give notice by means of a general notice on the Services, electronic communication through an Application, electronic mail to your email address in your Account, or by written communication sent by AR registered post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to dobiQueen, with such notice deemed given when received by dobiQueen, at any time by AR registered post 11A, Jalan SG 1/3, Taman Sri Gombak, 68100 Batu Caves, Selangor.
You may not assign the Agreement without dobiQueen’s prior written approval. dobiQueen may assign this Agreement without your consent to:
i. a subsidiary or affiliate;
ii. an acquirer of dobiQueen’s equity, business or assets; or
iii. a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, dobiQueen or any Third Party Contractor as a result of this Agreement or use of the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by dobiQueen in writing. dobiQueen’s failure to enforce any part of this Agreement will not be considered a waiver. Any waiver by dobiQueen of any provision of this Agreement must be in writing. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and dobiQueen with respect to the website and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and dobiQueen with respect thereto.