General Terms and Conditions of Miele Operations & Payment Solutions GmbH for the use of the “appWash” service

 

  • §1 - Scope of application / object of service

 

The following terms and conditions ("Terms and Conditions") apply to all contractual relationships between Miele Operations & Payment Solutions GmbH, Carl-Bertelsmann-Straße 161M , 33332 Gütersloh ("Miele OPS"), and persons who wish to use the "appWash" service offered by Miele OPS ("User") (Miele OPS and User together the "Parties"), and constitute a legally binding contract between the User and Miele OPS. The Terms apply to the registration for appWash, to each individual appWash transaction and to the use of the mobile application ("App") provided by Miele OPS, the card terminal and the Miele OPS website - www.appWash.com - ("Website"). The text of the Terms and Conditions will be stored by Miele OPS and made available to the user in electronic form upon request.

 

(2) By using appWash, the User can reserve the washing and drying appliances of an Operator ("appWash Facilities") available to him/her, activate/stop a washing or drying process and pay ("appWash Transaction").

(3) Unless expressly agreed otherwise between the parties, the provision of the appWash facilities, access to the appWash facilities and the execution of a washing or drying process shall be the responsibility of the operator of the appWash facilities and shall not be the subject of appWash's services. The user has no claim against Miele OPS for the use of an appWash facility or for the performance of a washing or drying process. A separate user agreement must be concluded between the user and the operator of the appWash facility for the use of the appWash facility and for the performance of a washing or drying process, to which these terms and conditions do not apply. The availability of the appWash facilities depends on the technical infrastructure and conditions of the operator of the appWash facilities and on the prior permission to use the appWash facilities granted by the operator of the appWash facilities.

 

  • §2 - Requirements for the use of appWash

 

(1) Before using appWash via the app or on the website, the user must first register online. To verify the user's identity, the user must first verify their email address at the start of the registration process. For this purpose, Miele OPS sends a security code to the e-mail address previously provided by the user. After entering the security code, the user can complete their personal data (first and last name, address, e-mail address and password). The user can also enter a machine number to store the appWash facilities available to the user. The machine number is located directly on the appWash facilities. By clicking the "Register" button, the user completes the registration process and sends a registration request to Miele OPS. Miele OPS decides whether to accept the registration application at its own discretion - there is no entitlement to acceptance of the registration application. If Miele OPS accepts the registration application, Miele OPS will confirm the successful registration to the user in the app, on the website or by e-mail. 

(2) Only natural persons over the age of 18 are authorised to register and use the app. If you register for appWash and/or use appWash, you confirm that you are at least 18 years old.

(3) Only persons over the age of 18 are authorised to use the card terminal and use is without registration. A valid debit or credit card is required to use this hardware.

 

  • §3 - appWash account

 

(1) Upon successful registration via the app or website, an appWash account will be created for the user and the associated access data (e-mail address and password) will be activated.

(2) The appWash account is personal and non-transferable.

 

 

 

 

  • §4 - appWash transactions

 

(1) After successful registration via the app or website, the user is authorised to use appWash and carry out appWash transactions. The user does not need to register for the card terminal.

 

(2) The user can carry out an appWash transaction via the app, the card terminal or on the website. After logging in (only in the app or on the website), the user is first shown the appWash facilities available to him and their status (free/occupied). After selecting an appWash facility, the user receives further information, such as the fee set by the operator of the appWash facility for the use of the appWash facility. If the user orders the appWash transaction via the app or on the website by clicking the "Start now for a fee" button, the appWash facility selected by the user is reserved for the user. If the user does not start the appWash facility within the maximum reservation time specified for the respective appWash facility, the appWash transaction is automatically terminated and the appWash facility is released again for activation or use by other appWash users. Unless otherwise expressly agreed between the user and the operator of the appWash facility, the obligation to pay for the use of an appWash facility only begins when the selected appWash facility is physically started. If a commissioned appWash transaction is terminated without the appWash facility having been started, e.g. because the maximum reservation time has expired, no fee will be charged.

(3) Once an appWash transaction has been successfully commissioned, the appWash device may need to be started on site. The user is responsible for operating the correct appWash device.

(4) The user can end a washing or drying process at any time directly at the appWash device itself, via the app or on the website. If the user wishes to end the washing or drying process via the app or on the website, they can select the appWash device they are using under the "Washing / Drying" tab and stop the washing or drying process by pressing the "End washing / drying process" button. Unless otherwise expressly agreed between the user and the operator of the appWash facility, the fee payable for the use of an appWash facility shall not be affected by the premature termination of the washing or drying process by the user and shall not be refunded.

 

  • §5 - appWash vouchers

 

(1) appWash vouchers are valid for the periods printed on them or (in the case of electronic vouchers) transmitted electronically. If no period is specified, the vouchers are valid indefinitely.

(2) appWash vouchers can be redeemed in all laundry rooms operated by Miele OPS or a subsidiary. Cash payment is not possible; remaining credit cannot be issued. If an appWash voucher is lost, it cannot be replaced.

(3) appWash is not obliged to check the authorization of a voucher redeemer beyond checking the validity of the redemption code. The holder of the voucher must therefore ensure that the voucher and/or the redemption code does not come into the possession of unauthorized third parties and inform appWash immediately if there is at least the possibility that this has nevertheless happened.

(4) Any misuse or multiple redemption of an appWash voucher will be prosecuted. This expressly includes any attempt at misuse or multiple redemption.

 

  • §6 - Obligations of the user in connection with the use of appWash

 

(1) The user may not allow third parties to use appWash via his/her appWash account.

(2) The user is obliged to keep his/her appWash account data up to date.

(3) The user must treat his/her access data confidentially and protect it against access by unauthorized third parties. The user is obliged to inform Miele OPS immediately of the loss or unauthorized use of his/her access data or appWash account. 

(4) The user is obliged to inspect the appWash facilities selected by him/her for damage and defects before using them. The user must report any recognizable damage and defects to Miele OPS and the operator of the appWash device.

(5) The user must treat the appWash equipment with care and diligence. Furthermore, the instructions in the operating manual and other instructions and directions from Miele OPS and the operator of the appWash equipment, in particular operating and safety instructions, must be observed and complied with.

(6) Unless expressly agreed otherwise between the parties, the User may only use appWash for private purposes. The user is prohibited from using appWash for commercial purposes.

 

 

  • §7 - Fees / Terms of payment

 

(1) No fee is charged for the registration and use of appWash or for the reservation of an appWash facility.

(2) The user shall pay the fee shown in the app, on the website or at the card terminal for a specific appWash facility or for the specific washing or drying process for the use of the appWash facility or for carrying out the washing or drying process. All fees are inclusive of statutory VAT. The charges for the use of an appWash device may vary depending on the operator of the appWash device and the type of washing or drying process. Miele OPS is authorized by the operators of the appWash facilities to accept the charges for the use of an appWash facility on behalf of the appWash operators. Upon payment of the fee to Miele OPS, the user's obligation towards the operator of the appWash facility to pay the agreed fee for the specific usage process of the appWash facility expires. 

(3) The fee for the use of an appWash device shall become due for payment when the appWash device is used (i.e. when the selected appWash device is physically started).

(4) Payment of the fees for the use of an appWash facility shall be made by offsetting against the user's pre-paid credit balance (use via app and website) or the debit or credit card used. In this respect, the user authorizes Miele OPS to collect the fees due from his/her pre-paid balance or debit/credit card. The user must ensure that his/her pre-paid credit balance is sufficiently covered. The user can top up their Pre-Paid balance at any time in the app or on the website. Pre-paid credit is topped up and withdrawn via giro/debit/credit card by external payment service providers, who may charge additional fees for processing the payment order and whose use may be subject to additional conditions. Miele OPS is neither responsible for the charging of any fees nor for any additional conditions of the external payment service providers. The user's pre-paid credit does not bear interest.  The user can have unused pre-paid credit credited upon request. 

(5) Miele OPS will provide the user with information on completed appWash transactions in the app or on the website under the "History" tab.

 

  • §8 - Liability

 

(1) Miele OPS accepts no liability for the availability and/or functionality of the appWash equipment or for the proper execution of a washing or drying process.

(2) Miele OPS shall be liable to the user without limitation for damage caused by intent or gross negligence, in the event of fraudulent concealment of a defect as a result of the assumption of a guarantee of quality or durability and in accordance with the provisions of the Product Liability Act. In cases of simple negligence, Miele OPS shall only be liable without limitation for damages resulting from injury to life, limb or health of persons. In all other cases of simple negligence, Miele OPS shall be liable insofar as Miele OPS breaches a material contractual obligation, i.e. an obligation which is essential for the proper performance of these terms and conditions and on which the parties can rely or on which the parties can regularly rely - in this case, Miele OPS's liability to the user shall be limited to the typical foreseeable damage. Further claims for damages by the user against Miele OPS due to simple negligence are excluded.

(3) The user shall be liable in accordance with the statutory provisions.

 

  • §9 - Term of the contractual relationship

 

(1) The contractual relationship between the user and Miele OPS is concluded for an indefinite period and can be terminated by either party at any time subject to a notice period of 14 days.

(2) The right of the parties to terminate the contractual relationship without notice for good cause remains unaffected.

(3) Notice of termination may be given in text form (e-mail).

(4) Upon termination of the contractual relationship between the user and Miele OPS, the user's appWash account will be blocked or deleted. Further use of appWash is no longer possible upon termination of the contractual relationship.

 

  • §10 - Special conditions for the use of the app

 

(1) The following special conditions apply to the use of the app provided by Miele OPS for the user. Use of the app offered by Miele OPS is permitted exclusively on the basis of the following conditions. During the installation or registration process, the user will be asked to accept the terms and conditions. By clicking on the "Accept" box, the user fully agrees to these terms and conditions.  

(2) Miele OPS grants the User a non-exclusive, revocable and non-transferable right to use the App, subject to strict compliance with all applicable laws, these Terms and any applicable terms and conditions available in the relevant App Store. No further rights to the App are granted to the User. The User is prohibited from sublicensing, renting and/or distributing the App or the rights to use the App in any form.

(3) The App is provided free of charge as a dynamic and evolving product. Miele OPS reserves the right to expand, update or modify the app at any time at its own discretion, in particular to add, modify or remove individual functions. These conditions also apply to updates or revisions to this app. Miele OPS recommends that you always use the latest version/update of the app. Miele OPS is not obliged to maintain support for older versions/updates and does not guarantee the compatibility of older versions/updates with appWash facilities. The user is not entitled to the provision of updates to the app to extend the functions of the app.

(4) The user accepts that the app is intended exclusively for personal, non-commercial use. The user will not make any changes to the app. In particular, but not limited to, the user is not authorized to translate, decompile, reverse engineer or create derivative works of the app, unless this is provided for by mandatory legal regulations.

(5) By accepting these special terms and conditions, the user fully recognizes the property rights of Miele OPS and third parties to the app and undertakes to protect them. These property rights include, in particular, copyrights, patents, trademarks and trade secrets. The user agrees to take all necessary steps to prevent possible damage or infringements of these rights, to prevent them and to prosecute third parties if a third party has unlawfully accessed the app or come into possession of the app through the user.

(6) The app is provided to the user on an "as is" basis. Miele OPS makes no representations, warranties or endorsements of any kind regarding the App or the suitability of the App, unless expressly stated otherwise. In any event, Miele OPS cannot guarantee that the App will be accessible as an App without interruption or temporary impairment of its functionality. Miele OPS is only liable for damages resulting from a legal or material defect in the app if these have been fraudulently concealed by Miele. The provisions of § 7 of the Terms and Conditions remain unaffected.

 

  • §11 - Special conditions for the use of the card terminal

 

(1) The following special conditions apply to the use of the card terminal provided to the user by Miele OPS. Use of the card terminal offered by Miele OPS is permitted exclusively on the basis of the following conditions. During the installation or registration process on the part of the operator, the operator is requested to accept the terms and conditions. By accepting the operator's terms and conditions, the local users agree to these terms and conditions in full.

(2) Miele OPS grants the User a non-exclusive, revocable and non-transferable right to use the Card Terminal, subject to strict compliance with all applicable laws. No further rights to the card terminal are granted to the user. The user is prohibited from sublicensing, leasing and/or distributing the card terminal or the rights to use the card terminal in any form.

(3) The card terminal is provided free of charge as a dynamic and evolving product. Miele OPS reserves the right to extend, update or modify the card terminal at any time at its own discretion, in particular to add, modify or remove individual functions. Miele OPS is not obliged to maintain support for older versions/updates and does not guarantee the compatibility of older versions/updates with appWash equipment. The operator is responsible for maintaining the latest versions/updates. The user has no claim to the provision of updates to the card terminal to extend its functions.

(4) The User accepts that the Card Terminal is intended exclusively for personal, non-commercial use. The user will not make any changes to the card terminal. In particular, but not limited to, the user is not authorized to translate, decompile, reverse engineer or create derivative works of the card terminal, unless this is provided for by mandatory legal regulations.

(5) By accepting these special terms and conditions, the user fully recognizes the property rights of Miele OPS and third parties to the card terminal and undertakes to protect them. These property rights include, in particular, copyrights, patents, trademarks and trade secrets. The user agrees to take all necessary steps to prevent possible damage or infringements of these rights, to prevent them and to prosecute third parties if a third party has unlawfully accessed the card terminal or has come into possession of the card terminal through the user.

(6) The card terminal is provided to the user on an "as is" basis. Miele OPS makes no representations, warranties, suitability or endorsements of any kind with respect to the card terminal, unless expressly stated otherwise. In any event, Miele OPS cannot guarantee that the card terminal will be accessible without interruption or temporary impairment of its functionality as a card terminal. Miele OPS shall only be liable for damage resulting from a legal or material defect in the card terminal if this has been fraudulently concealed by Miele OPS. The provisions of § 8 of the Terms and Conditions remain unaffected.

 

  • §12 - Reservation of the right to make changes

 

Miele OPS is entitled, at its reasonable discretion, to amend and/or supplement the scope of services of appWash and these Terms and Conditions at any time with effect for the future with regard to further developments of the services and for security reasons, provided this is not unreasonable for the User. Miele OPS shall inform the user of any changes and/or additions to the scope of services or these terms and conditions in good time by email, via the app or on the website.  

 

  • §13 - Data processing

 

By using appWash, the app, the website or the card terminal, Miele OPS processes personal and non-personal data. Further information on data processing can be found in the privacy policy.

 

 

  • §14 - Intellectual property rights and licenses

 

All copyrights, trademarks and other intellectual property rights relating to the Miele OPS products and their functions are the property of Miele Operations & Payment Solutions GmbH. You may not reproduce, copy, display, transmit, disclose or otherwise use them except to the extent necessary to use the Miele OPS products in accordance with these Terms.

 

 

  • §15 - Final provisions

 

(1) These terms and conditions are subject to the law of the Federal Republic of Germany. This choice of law shall not have the effect of depriving the user of the protection afforded to the user by provisions which cannot be derogated from by agreement on the basis of the law of the country in which the user has his habitual residence.

(2) The user is not entitled to transfer or assign rights or obligations arising from these terms and conditions to a third party without the prior consent of Miele OPS.

(3) Miele OPS does not currently participate in proceedings before consumer arbitration boards. You are welcome to address any complaints directly to Miele OPS (support@appwash.com).

(4) If individual provisions are invalid or void, this shall not affect the validity of the remaining provisions. Ineffective or void clauses shall be replaced by such effective provisions that come closest to the economic purpose of the ineffective or void provision.

 

 

 

Terms and Conditions
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