TERMS & CONDITIONS
- Introduction. Please read these Terms and Conditions (“Terms”) carefully before using this Service (defined below). These Terms include HANDL’s Privacy Policy located at www.gohandl.com/privacy-policy, which is incorporated by this reference into these Terms. We have included several annotations in boxes to help explain or emphasize key sections. These annotations are for convenience only and have no legal or contractual effect. This agreement is a legally binding contract. It may change as our business changes, and you agree you will review it and any updates regularly. Your continued use of the Service means you accept any changes to these Terms.
- Binding Agreement. These Terms constitute a binding agreement between you and HANDL and its affiliates and subsidiaries (“HANDL,” “we,” or “us”). “You” and “users” mean all visitors using the Service. You accept these Terms when you start using HANDL indicating that you assent to these Terms and the Privacy Policy. If you do not accept these Terms, then you must not use the Service. By using the Service, you hereby represent that you are at least 18 years of age.
- Revisions to Terms. We may revise these Terms at any time by posting an updated version, although we will endeavor to provide you with prior notice of any material changes to these Terms. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
- The Service.
- Definition. The “Service” means HANDL’s travel service outlined on www.gohandl.com (“Site”), and any internet service or property under HANDL’s partial or complete control. The Service allows you to store your belongings in a specially-designed Case, where HANDL will clean your clothes and care for/maintain your personal items until your next trip, providing a hands-free travel experience.
- Prohibited Items. You may store in your HANDL case: clothing, shoes, handbags, belts, scarves, large-size toiletries, workout gear, snacks and supplements, and generally most items you want to keep in the case. All other items, including but not limited to jewelry, hazardous materials, dangerous goods, and illegal drugs, are strictly prohibited. If you send any prohibited items to HANDL, it is in our sole discretion that we will either return these items to you at your expense or discard these items.
- Limitation on Liability. In no event will HANDL’s liability for lost or damaged goods exceed one thousand dollars ($1,000) per incident. Please carefully consider what items you choose to store in your HANDL case.
- Lost or Damaged Contents.
- Claims. If you believe that the contents of your HANDL case have been lost or damaged through the use of the Service, then you may email HANDL at info@gohandl.com to submit a claim for reimbursement (“Claim”). You must file your Claim within ten (10) days from the last date on which you used the Service.
- Contents. All Claims must include (i) a good faith estimate of the value of the lost or damaged contents, (ii) a reasonably detailed explanation of the lost or damaged contents, and (iii) any relevant supporting documentation. All Claims alleging damaged contents must include illustrative photographs.
- Investigation. Once HANDL receives your Claim, it will reasonably investigate your request for reimbursement. During this process, HANDL may contact you to obtain additional information. HANDL may share information about your Claim with appropriate authorities.
- Reimbursement. If we determine in our reasonable discretion that it was HANDL’s fault that your contents were lost or damaged, then we will reimburse you directly by issuing you a credit toward the Service. HANDL will provide an amount that it believes in good faith is sufficient to cover your loss. Under no circumstances will this amount exceed the liability cap set forth in Section II(c) above.
- Late Delivery. If your personal case is not at the applicable destination when you arrive, then you may contact HANDL at 619.972.5179. HANDL will use every effort to locate and deliver your case.
- Term and Termination. The term of your agreement to use the Service will commence on the date on which you accept these Terms through the process described in Section I(a) above. HANDL may terminate your agreement to use the Service as described in Section X below. You may terminate your agreement to use the Service by contacting info@gohandl.com and requesting that your agreement be terminated. If your items remain stored and inactive in your case for a period of four (4) months, your items will be returned to you – at your expense – and your agreement will be terminated.
- Fees. During the term of your agreement to the Service, you must pay HANDL a per trip fee in connection with each time you use HANDL to cover the cost of providing the service. These fees will be applied to the credit card on file with HANDL on each trip, and you authorize HANDL to charge these fees on your credit card. HANDL may increase the fees at its sole discretion at the end of any calendar month after providing you with advance written notice. All fees will be quoted exclusive of any applicable taxes. You are solely responsible for paying any taxes of any kind imposed by any governmental authority with respect to your access to and use of the Services. All payments must be made in United States Dollars. These payments will be processed by a third party payment processor. HANDL is not responsible for processing and/or collecting any payments and related taxes. You are solely responsible for complying with any applicable terms and conditions imposed by the third party payment processor.
Under no circumstances will HANDL be liable for any expenses or losses arising from any payment that you make through the Service.
- Eligibility to Use the Service.
- Children. No part of the Service is directed to persons under the age of 18. IF YOU ARE UNDER 18YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
- Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization; (ii) have the authority to bind that Organization to these Terms; and (iii) agree to be bound by these Terms on behalf of that Organization.
- Communications. HANDL may communicate with you by email or posting notice on the Service. You may request that we provide notice of security breaches in writing.
- You agree to receive emails from HANDL at the email address you provided to us for customer service-related purposes or other purposes in connection with your use of the Service.
- Electronic Notices. By using the Service or providing personal information to HANDL, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at info@gohandl.com.
- Content Ownership and Use.
- The contents of the Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other HANDL Content (collectively, “HANDL Content”). All HANDL Content and the compilation (meaning the collection, arrangement, and assembly) of all HANDL Content are the sole property of HANDL or its licensors and are protected under copyright, trademark, and other laws.
- License to You. We authorize you, subject to these Terms, to (a) access the Site, (b) access and use all other HANDL Content solely for your personal use of the Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the HANDL Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original HANDL Content on any copy you make of the HANDL Content.
- HANDL Marks. HANDL, the HANDL logo, and other HANDL logos and product and service names are or may be trademarks of HANDL (“Marks”). Without our prior express written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the HANDL Marks.
- Suggestions and Submissions. We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”):
- you hereby grant to us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free and unlimited license to use the Creative Ideas, whether written or oral, in any manner whatsoever;
- HANDL will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and
- HANDL will be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
- Limitations and Prohibitions. Do not do bad things with the Service, try to break it, or steal our hard work.
You agree to use the Service solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, you must comply with the following:- Unless expressly permitted in these Terms, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without HANDL’s prior express written authorization.
- You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine HANDL Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage.
- You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any HANDL Content available on or through the Service.
- You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any HANDL Content available on or through the Service, or any portion thereof, through any other application or website.
- You agree not to provide any false personal information to HANDL or create a false identify or impersonate another person or entity in any way.
- You agree not to create a new agreement with HANDL, without HANDL’s prior express written consent, if HANDL has previously terminated your account.
- You agree not to restrict, discourage or inhibit any person from using the Service.
- You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
- You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
- You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
- You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
- You agree not to use the Service to build a competitive product or service.
- You agree not to assist or permit any persons in engaging in any of the activities described above.
A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
- Consequences of Violating These Terms. If you do not act acceptably, we may prohibit your use of the Service. We reserve the right to suspend or terminate your account and prevent you from accessing the Service for any reason, at our sole discretion. We reserve the right to refuse to provide the Service to you in the future. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and Conditions and your use of the Service.
- Liability. HANDL may change the Service at any time and are not liable for how this may affect you. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
- Changes to the Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service, without notice or liability.
- Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any of the contents of the Service. Use the Service at your own risk.
- Third-Party Sites. The Service may include links to external sites and applications owned or controlled by third parties. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
- Specific Results. We make no promises and disclaim all liability of specific results from your use of the Service.
- DISCLAIMER OF WARRANTIES. You use the Service at your own risk. We make no warranties or guarantees.
- Released Parties Defined. “Released Parties” include HANDL and its affiliates, officers, employees, agents, partners, licensors, and successors.YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL (Y) BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY GOODS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
- LIMITATION OF LIABILITY AND INDEMNIFICATION. We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for the Released Parties.YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICE; OR (iii) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF HANDL CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $1,000 PER INCIDENT. You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from your use or reliance on any HANDL Content, or your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
- General Terms. These Terms and the Privacy Policy constitute the entire agreement between you and HANDL concerning your use of the Service, and supersede any prior or contemporaneous agreements, whether oral or written. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force. The Section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
- Arbitration, Class Waiver, and Waiver of Jury Trial. We are located in San Diego, CA, so all disputes must be resolved there. We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of the Service. These Terms and the relationship between you and HANDL will be governed by the laws of the State of California without regard to its conflict of law provisions. You and HANDL agree to submit to arbitration any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, will be conducted in San Diego County in the State of California. You covenant not to sue HANDL in any other forum. You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or these Terms:
- YOU GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
Effective Date: 9/1/2015
Last Updated Date: 9/1/2015
Contact Information
HANDL
12463 Rancho Bernardo Road, #124
San Diego, CA 92128
info@gohandl.com