General Terms and Conditions of Miele Operations & Payment Solutions GmbH for the use of the “appWash” service
1 – Area of application / service
- The following terms and conditions (“Terms”) apply to all contractual relationships between Miele Operations & Payment Solutions GmbH, Carl-Bertelsmann-Straße 161M, 33332 Gütersloh (“Miele OPS”) and persons wishing to use the “appWash” service offered by Miele OPS (“Users”) (Miele OPS and users collectively referred to as the “Parties”) and represent a legally binding contract between the user and Miele OPS. The terms and conditions apply to registration for appWash, to every single appWash transaction, and to the use of the Miele OPS mobile application (“app”) and the Miele OPS website - www.appWash.com - (“website”). The text of the terms shall be stored by Miele OPS and shall be made available to the user in electronic form on request.
- By using appWash, the user can reserve the operator’s washing and drying appliances (“appWash facilities”), activate / stop a washing / drying cycle and pay (“appWash transaction”).
- Unless expressly agreed otherwise by the parties, the provision of the appWash facility, access to the appWash facilities, and the performance of a washing or drying cycle are the responsibility of the appWash facility operator and are not part of the appWash service. The user has no entitlement towards Miele OPS to use an appWash facility or to carry out a washing or drying cycle. To use the appWash facility and perform a washing or drying cycle, a separate user agreement must be made between the user and the appWash facility operator for whom these terms and conditions do not apply. The availability of the appWash facilities will depend on the technical infrastructure and circumstances of the appWash facility operator, as well as prior usage permission from the appWash facility operator.
2 – Prerequisites for the use of appWash
- The user must register first before using appWash. The user can register online via the app or on the website. In order to verify the user’s identity, he must first verify his telephone number at the beginning of the registration process. To do this, Miele OPS sends a security code to the phone number previously provided by the user. After entering the security code, the user can add his personal data (first and last name, address, e-mail address and password). Furthermore, by entering a machine number, the user can record the appWash facilities available to the user. The machine number is provided directly on the appWash facilities. By clicking the ‘Register’ button, the user ends the registration process and sends a registration application to Miele OPS. Miele OPS decides on the acceptance of 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 user’s successful registration in the app, on the website or by e-mail.
- Only individuals over the age of 18 are entitled to register for and use the service. When you register for appWash and/or use appWash, you confirm that you are at least 18 years old.
3 – appWash account
- Upon successful registration, an appWash account is created for the user and the associated access data (e-mail address and password) is activated.
- The appWash account is personal and non-transferable.
4 – appWash transactions
- After successful registration, the user is authorised to use appWash and perform appWash transactions.
- The user can carry out an appWash transaction via the app or on the website. After logging in, the user first sees the available appWash facilities along with status (available/busy). After selection of an appWash facility, the user will receive further information, such as the fee set by the appWash facility provider to use the appWash facility. When the user orders the appWash transaction via the app or on the website by clicking the ‘Wash/dry now subject to charge’ button, the appWash facility selected by the user is reserved for the user. The maximum reservation period is set by the appWash facility operator and is not the responsibility of Miele OPS. If the user does not start the appWash facility within the maximum reservation period set for the particular appWash facility, the appWash transaction will automatically terminate and the appWash facility will be reinstated for activation or use by other appWash users. Unless otherwise agreed between the user and the appWash facility operator, the obligation to pay for using an appWash facility will not commence until the appWash facility is physically started. If an ordered appWash transaction is terminated without the appWash facility being started, e.g. because the maximum reservation period has expired, no fee will be charged.
- After successfully ordering an appWash transaction, the appWash facility may need to be started on location. The user is responsible for operation of the correct appWash facility.
- The user can end a washing or drying cycle at any time directly at the appWash facility itself, via the app or on the website. If the user wishes to end the washing or drying cycle via the app or on the website, he can select the appWash facility being used by him under the ‘Start/stop’ tab and stop the washing or drying cycle by pressing the ‘Stop washing/drying cycle’ button. Unless explicitly agreed otherwise between the user and the appWash facility operator, the fee payable for the use of an appWash facility is not affected by the premature termination of the washing or drying cycle by the user and is not refunded.
5 – Obligations of the user associated with the use of appWash
- The user may not allow third parties to use appWash via his appWash account.
- The user is obliged to keep his appWash account data updated.
- The user must treat his access data confidentially and protect it against access by unauthorised third parties. The user is obliged to immediately inform Miele OPS about the loss or unauthorised use of his access data or appWash account.
- The user is obliged to examine the appWash facilities selected by him for damage and defects before they are used. The user must report identifiable damages and defects to Miele OPS and the appWash facility operator.
- The user must treat the appWash facilities with due care. In addition, the instructions of the operating manual as well as the other instructions and orders of Miele OPS and the operator of the appWash facility, in particular operating and safety instructions, must be observed and adhered to.
- Unless otherwise explicitly agreed between the parties, the user may only use appWash for private purposes. The user is prohibited from commercial use of appWash.
6 – Fees / payment terms
- There will be no charge for registering and using appWash and for reserving an appWash facility.
- For the use of the appWash facility or for carrying out the washing or drying cycle, the user pays the fee shown in the app or on the website in each case for a specific appWash facility or for the specific washing or drying cycle. All fees are inclusive of VAT. The fees for using an appWash facility may vary depending on the operator of the appWash facility and the type of washing or drying cycle. Miele OPS is authorised by the operators of the appWash facilities to accept 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 to the operator of the appWash facility to pay the agreed fee for specific use of the appWash facility expires.
- The fee for using an appWash facility becomes payable upon use of the appWash facility (i.e. with the physical start of the selected appWash facility).
- The payment of the fees for the use of an appWash facility is made by offsetting against the pre-paid balance of the user. In this regard, the user authorizes Miele OPS to collect the fees due from its pre-paid balance. The user has to ensure sufficient cover of his pre-paid balance. The user can supplement their pre-paid balance at any time in the app or on the website. The pre-paid credit will be added by external payment service providers, who may charge additional fees for processing the payment order and for which additional terms and conditions may apply. Miele OPS is not responsible for the collection of any fees or any additional terms of the external payment service providers. Interest is not applied to the pre-paid balance of the user. The user can have unused pre-paid credit refunded on application.
- Miele OPS will provide the user with information about the finished appWash transactions in the app or on the website under the “History” tab.
7 – Liability
- Miele OPS assumes no liability for the availability and/or functionality of the appWash facilities or for the proper performance of a washing or drying cycle.
- Miele OPS is fully liable towards the user for damages caused by intent or gross negligence, fraudulent concealment of a defect, as a result of the assumption of a quality or durability guarantee, and in accordance with the provisions of the Product Liability Act. In cases of simple negligence, Miele OPS is only 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 violates a material contractual obligation, i.e. those that are essential to the proper performance of these terms and on which the parties can rely, or which parties can regularly rely on - in this case, Miele OPS’s liability to the user is limited to the typical foreseeable damage. Further claims for damages of the user against Miele OPS due to simple negligence are excluded.
- The user is liable according to the legal regulations.
8 – Duration of contractual relationships
- The contractual relationship between the user and Miele OPS is concluded for an indefinite period and can be terminated by both parties at any time subject to a notice period of 14 days.
- The right of the parties to terminate the contractual relationships extraordinarily for good cause, without notice, remains unaffected.
- The termination can be provided in text form (e-mail).
- Upon termination of the contractual relationships between the user and Miele OPS, the user’s appWash account shall be blocked or deleted. Further use of appWash is no longer possible after termination of the contractual relationships.
9 – Special terms for use of the app
- The following special terms apply to the use of the app, which is provided by Miele OPS for the user. The use of the app offered by Miele OPS is only permitted on the basis of the following terms. The user is asked to accept the terms during the installation or registration process. By clicking on the ‘Accept’ box, the user fully agrees to these terms.
- Miele OPS grants the user a simple, non-exclusive, revocable and non-transferable right to use the app, subject to strict compliance with all applicable laws, these terms and all applicable terms and conditions, which are available in the relevant app store. The user is not granted any further rights to the app. Any form of sub-licensing, rental and/or distribution of the app or the rights of use of the app is prohibited to the user.
- The app is provided free of charge as a dynamic and evolving product. Miele OPS reserves the right to extend, update or modify the app at any time at its own discretion, in particular to add, modify or remove individual functions. These terms also apply to updates or revisions of this app. Miele OPS recommends always using the latest version/update of the app. Miele OPS is under no obligation to maintain support for older versions/updates and does not guarantee the compatibility of older versions/updates with appWash features. The user is not entitled to provide updates to the app to enhance the functionality of the app.
- The user accepts that the app is for personal, non-commercial use only. The user will not make any changes to the app. In particular, but not limited to the following, the user is not entitled to translate, decompile, reverse engineer or create derivative works, unless this is provided for by mandatory legal regulations.
- By accepting these terms and conditions, the user fully accepts the intellectual property rights of Miele OPS and third parties to the app and is committed to their preservation. Such intellectual property rights include, in particular, copyrights, patents, trademarks and trade secrets. The user agrees to take all necessary steps to prevent, stop or prosecute possible damages or infringements of such rights if a third party has accessed the app unlawfully or has acquired the app through the user.
- The app is provided to the user on an “as is” basis. Miele OPS makes no promises, warranties or confirmations of any kind with respect to the app or the suitability of the app, unless otherwise expressly stated. In any case, Miele OPS cannot guarantee that the app will be accessible as an app without interruptions or temporary impairment of its functionality. Miele OPS is only liable for damages that result from a legal or material defect of the app, if these have been fraudulently concealed by Miele. The provisions of § 7 of the terms remain unaffected.
10 – Reservation of changes
- Miele OPS may, at its own discretion, change and/or supplement the scope of appWash service and these terms at any time with future effect for the purpose of further development of the services and for security reasons, unless this is unreasonable for the user. Miele OPS shall inform the user in due time about any changes and/or supplements to the scope of services or these terms by e-mail, via the app or on the website.
11 – Data processing
12 – Final clauses
- These terms are subject to the law of the Federal Republic of Germany. This applicable law does not result in the user being deprived of the protection granted to the user by provisions which cannot be derogated from by the law of the country in which the user has his habitual residence.
- The user is not entitled to transfer or assign rights or obligations under these terms to a third party without the prior consent of Miele OPS.
- Miele OPS currently does not participate in proceedings before the consumer arbitration boards. Please contact Miele OPS directly (firstname.lastname@example.org) with any complaints.
- In the case of ineffectiveness or invalidity of individual provisions, the validity of the remaining terms remains unaffected. Ineffective or void clauses shall be replaced by such effective clauses that come closest to the economic purpose of the invalid or void provision.
Terms and Conditions