Terms of Agreement

These terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and DIRT BAG (“Company”, “we”, “us”, or “our”), concerning your access to and use of the DIRT BAG app as well as any other media form, media channel, mobile website, linked, or otherwise connected thereto (collectively, the “DIRT BAG”). DIRT BAG provides an online marketplace for the following goods, products, and/or services: On demand Laundry Services (“The Marketplace Offerings”). In order to help make DIRT BAG a secure environment for the purchase and sale of Marketplace Offerings, all users are required to accept and comply with these Terms of Use. You agree that by accessing DIRT BAG and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING DIRT BAG AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCOUNTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on DIRT BAG from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subjected to, and will be deemed to have been made aware of and have accepted, the changes in any revised Terms of Use by your continued use of DIRT BAG after the data such revised Terms of Use are posted.

The information provided on DIRT BAG is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access DIRT BAG from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

DIRT BAG is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for DIRT BAG or use the Marketplace Offerings.

INTELLECTUAL PROPERTY RIGHTS (SUBECT TO ACQUISITION OF IP RIGHTS)

Unless otherwise indicated, DIRT BAG and the Marketplace Offerings are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on DIRT BAG (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on DIRT BAG “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of DIRT BAG or the Marketplace Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use DIRT BAG, you are granted a limited license to access and use DIRT BAG and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all the rights not expressly granted to you in and to DIRT BAG, the Content and the Marks.

USER REPRESENTATIONS

By using DIRT BAG or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access DIRT BAG or the Marketplace Offerings through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use DIRT BAG for any illegal or unauthorized purpose; and (7) your use of DIRT BAG or the Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of DIRT BAG (or any portion thereof).

You may not use DIRT BAG or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of DIRT BAG.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on DIRT BAG or the Marketplace Offerings displayed or offered through DIRT BAG. You understand and agree that the content of DIRT BAG does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions or misrepresentations contained within DIRT BAG’s content. We do not endorse or recommend any Marketplace Offerings and DIRT BAG is provided for informational and advertising purposes only.

USER REGISTRATION

You may be required to register with DIRT BAG in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

MARKETPLACE OFFERINGS

We reserve the right to limit the quantities of the Marketplace Offerings offered or available on DIRT BAG. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in DIRT BAG will be corrected.

PURCHASES AND PAYMENT

We accept the following forms of payment:

Cash On Delivery
Post Paid

You agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via DIRT BAG. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through DIRT BAG. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

SUITABILITY FOR LAUNDRY

DIRT BAG has set guidelines to standardize the laundry process of all its PARTNERS. By using this APP, the USER agrees that all his/her laundry items/clothes are suitable to be washed in tap water, on a normal cycle, and dried using heat in a tumble dryer. The PARTNERS will not be responsible for any damage to clothing that is not suitable for this standard laundry process. Similarly, the PARTNERS reserve the right to refuse to service items that are too hazardous for handlings, such as items heavily soiled with human or animal waste. The DIRT BAG REPRESENTATIVE reserve the right to decline the item/s upon pick up if the DIRT BAG REPRESENTATIVE determines that the item/s exceed a value of Php10,000.00. The PARTNERS may also refuse service if, upon pick-up, it was determined that the items will require a different laundry process than that specified or indicated by the USER in our APP Services Menu. USER will be notified by the DIRT BAG Representative through the APP as to the impossibility or difficulty of the laundry process.

USER also agrees not to include their laundry bags upon pick-up of their laundry. USER must check each laundry item for any loose coins, watches, jewelry, or cufflinks prior to the scheduled pick-up. The DIRT BAG Representative & PARTNERS shall not be liable for loss of valuables for the failure of the USER to check his/her laundry during pick-up.

SCHEDULING

USERS can choose the time and date and location for pick-up and delivery of laundry items.

RE-SCHEDULING

USERS can request for a re-schedule of his/her transaction through call or messaging our DIRT BAG REPRESENTATIVE. This is only applicable 2 hours before the actual Pick-up and Delivery time. Otherwise, USER’s will be tagged as “No Show” on Pick-up and “Redelivery” on Delivery.

ADVANCED BOOKING

Schedule of pick-up and delivery can be done in advance but only within 5 days from the time of booking to give the DIRT BAG Representative enough time to manage their delivery and pick-up schedule. Delivery will be within 5 days from the time of Pick-up schedule.

CANCELLATION/NO SHOW POLICY

USER is free to cancel a scheduled pick-up and delivery schedule prior to the scheduled pick-up time. However, if USER canceled the transaction 3 hours before the scheduled pick-up and delivery time, USER will be charged with a cancellation fee of Php50.00 upon their next booking or transaction. Cancellation may also not be available when DIRT BAG REPRESENTATIVE is already in transit to USER. There is a limited number of cancellations to prevent abuse in their succeeding transactions.

PICK-UP AND DELIVERY

It is the USER’s responsibility to either personally hand over their Laundry items to the DIRT BAG Representative upon pick-up, or have it ready at the agreed upon day, time, and location. Pick-up time will be at least 3 hours after the booking (depending on availability), and delivery as early as 24 hours after the pick-up (based on availability).
DIRT BAG Representative will only wait up to 15 mins to Pick-up and Deliver the transaction upon arriving on the USER’s location and upon contacting the USER. Otherwise, USER will be tagged as “No Show” for Pick-up and “Redelivery” on Delivery.
Weighing of the laundry items will be done upon pick-up. User will be notified through the APP of the weight and the adjusted amount chargeable to him/her.
If service is per Bag/Kilo, the DIRT BAG Representative may record a detailed listing/inventory of laundry items/count of the number of pieces for washing.
DIRT BAG Representative must send a notification to the USER through the APP that the laundry has been picked up/delivered already.
If USER requests that DIRT BAG Representative leaves the laundry items unattended (e.g., on USER’s porch, in a hallway, or in USER’s foyer) or with a third party (e.g., with a doorman or a neighbor), DIRT BAG Representative is not responsible for the laundry before it was picked up or after it was dropped off. USER also agrees that USER’s scheduled pick-up and drop-off times are true and accurate.
Upon pick-up and delivery, USER may provide special instructions to the Laundry Shop to notify him/her prior to pick-up and delivery. This can be done by accessing the SPECIAL INSTRUCTIONS Page.
If upon delivery, the USER is unable to receive the items, it will be returned to the DIRT BAG Representative who shall return the same to the laundry shop. USER may be charged for a re-delivery fee if he requests that the items be delivered again to his/her address. Re-delivery fees and schedule for re-delivery will be subject to the discretion and availability of the DIRT BAG Representative. In any case, applicable storage fees shall apply for every day that the laundry items remain in the custody of the PARTNER, which amount shall be determined by the PARTNER.
DIRT BAG and DIRT BAG PARTNERS have the right to refuse service if there is a reasonable ground to believe that the circumstances will be prejudicial to the safety of our DIRT BAG Representative. This is to protect our DIRT BAG Representative from any possible danger that may result to the company’s liability.
USER may track the status of his/her booking. USER may also get in touch with the DIRT BAG Representative by going to the DIRT BAG Representative PROFILE in the App Menu using In-App chat messaging, SMS or CALL function.
Once DIRT BAG Representative reached USERS vicinity, USERS laundry will be considered as delivered.

UNCLAIMED LAUNDRY

All unclaimed laundry shall be disposed of after 30 days and corresponding storage fees shall apply for every number of days that the items remained unclaimed. In any case, the storage and disposal fees shall be subject to the discretion of Laundry Shop.

TIPPING

Any additional payment which is not included in the total cost of the services availed of and given to the DIRT BAG PARTNER voluntarily will be considered as gratuities. DIRT BAG does not require such additional payment and the same goes directly to our Partners.

USERS, however, are encouraged to report any extortion or misconduct of any DIRT BAG Representative and/or their DIRT BAG Representative (DISPATCHERS)

LOST/DAMAGED ITEMS

In case of damaged laundry due to the failure of the PARTNER to follow DIRT BAG standard laundry practice, PARTNER must exercise due diligence in ensuring that the item/s will be repaired. In case it is determined that the item is beyond repair, the following options can be provided to the USER:

PARTNER will provide reasonable compensation/reimbursement in the amount the mutually agreed price of the Partner and the USER, including the means and manner by which the compensation/reimbursement will be paid.
Lost items should be reported directly to the PARTNER within 24 hours upon receipt of the delivered laundry. PARTNER must take all the necessary steps to find the lost items. Items are considered lost twenty (20) days after the initial report has been made. USER may also report the incident to DIRT BAG via HELP function under the transaction to assist in locating the lost items.

If the item cannot be found after due diligence, the options indicated above will be provided to the USER in the same manner.

Failure of the customer to report lost or damaged items within 24 hours constitutes a waiver of his/her claim for any lost or damaged items from that delivery.

Our PARTNER shall not take responsibility for any loose items lost when submitted such as watches, jewelry, or cufflinks.

NORMAL WEAR & TEAR

While every care is taken, DIRT BAG and DIRT BAG PARTNERS are not responsible for fastness of color, shrinkage, or any item not claimed within 24 hours of delivery to the USER. Our PARTNERS are also not responsible for colors running or fading, loss or damage of button and buckles.

In addition, our PARTNERS do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tear.

If the USER is not satisfied with the services rendered by our PARTNERS or in case of complaints, the USER can utilize the rating and feedback function of the APP.

USE OF PLATFORM

The USER is prohibited from using this APP for any other purpose other than that provided in these Terms of Use. USER is also prohibited from using any device, software, or program to interfere in the normal operation of the App or to access private information or data stored, contained, or used in the APP.

PROMOTIONAL CODES

DIRT BAG, in its sole discretion, may create referral and/or promotional codes, rewards or incentives that may be redeemed by USER for discounts or credits on the future use of the APP and/or a Third Party Provider’s, including PARTNER’s services. These codes, rewards, or incentives will be subject to the terms and conditions which DIRT BAG may create specifically for the same. In availing such promotional codes, the USER hereby agrees that such Promo Codes must only be used for the intended audience and purpose, and in a lawful manner. These codes may not be duplicated, sold, or transferred in any manner, or made available to the general public unless expressly permitted by DIRT BAG. Further, unless extended, these promotional codes may be disabled by DIRT BAG at any time and for any reason without liability to DIRT BAG or expire prior to use without notice to the USER.

GRANT OF LIMITED LICENSE

USER’s access to the APP and the services are licensed and not sold. Subject to the terms of this Agreement and upon USER’s registration, DIRT BAG hereby grants USER a revocable, non-exclusive, non-transferable access to and use of the Services, the App and DIRT BAG. All the Content that is made available for viewing and/or download in connection with DIRT BAG and APP is owned by and is the copyrighted work of DIRT BAG and/or its suppliers and is licensed, not sold. USER does not have the right to lend, lease, rent or sublicense DIRT BAG, the APP and/or the Content.

PROHIBITED ACTIVITIES

You may not access or use DIRT BAG for any purpose other than that for which we make DIRT BAG available. DIRT BAG may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of DIRT BAG, you agree not to:

Systematically retrieve data or other content from DIRT BAG to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use DIRT BAG to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of DIRT BAG, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of DIRT BAG and/or the Content contained therein.
Engage in unauthorized framing of or linking to DIRT BAG.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on DIRT BAG or the networks or services connected to DIRT BAG.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from DIRT BAG in order to harass, abuse, or harm another person.
Use the Marketplace Offerings as part of any effort to complete with us or otherwise use DIRT BAG and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile disassemble, or reverse engineer any of the software comprising or in any way making up a part of DIRT BAG.
Attempt to bypass any measures of DIRT BAG designed to prevent or restrict access to DIRT BAG, or any portion of DIRT BAG.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt DIRT BAG’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of DIRT BAG or modifies, impairs disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat, utility, scraper, or offline reader that access DIRT BAG, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or DIRT BAG.

Use DIRT BAG in a manner inconsistent with any applicable laws or regulations.

GENERAL DISCLAIMER

Unless the disclaimer of such warranties is prohibited by applicable law, USER expressly agrees that access to the APP and the services, by any means is at USER’s sole risk and that the services are provided “as is” and “as available,” and DIRT BAG do not make any warranties whatsoever with respect to the APP, including without limitation, warranties, either express or implied, such as the warranties of non-infringement, merchantability, and fitness for a particular purpose, or that the APP will be uninterrupted, error-free, or provide adequate, complete or timely information or data. In the same manner DIRT BAG does not guarantee or warrant that files available for downloading from DIRT BAG or the APP will be free of infection by viruses, worms, trojan horses or other codes that manifest contaminating or destructive properties. DIRT BAG also does not warrant or guarantee that the functions or services accessed through the APP will be uninterrupted or error-free or that defects in DIRT BAG or APP will be corrected.

Furthermore, DIRT BAG does not guarantee the reliability, timeliness, quality, suitability, availability, safety, or the ability of the services or any services requested through the use of this APP, nor does it guarantee the quality, suitability, safety or ability of third-party providers. The risk arising out of USER’s use of the APP, and any service requested in connection therewith, remains solely with the USER.

DISCLAIMER OF THIRD PARTY INFORMATION

In using this Site and/or the App, USER may be exposed to Third Party content and services from a variety of sources (including advertising). It is understood that DIRT BAG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of/or relating to such or Third Party content. USER may also be exposed to Third Party content that may be offensive, indecent, inaccurate, or objectionable. In no event and under no circumstances shall DIRT BAG be responsible or liable for any products or services of such Third Party providers. Additionally, Apple Inc., Google, Inc., Facebook and Instagram will be a Third-Party beneficiary to this contract if USER access the Services using Applications developed for Apple iOS, Android -powered mobile devices. These Third Party providers are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. USER’s access to the Services using these devices is subject to terms set forth in the applicable Third Party beneficiary’s terms of service.

LINKS TO THIRD PARTY SITE/APPS

This App may contain links to third party websites. USER may access other sites or App linked to DIRT BAG at USER’s own risk and DIRT BAG does not guarantee the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites. Furthermore, providing links to these sites and App should not be construed as endorsement or recommendation express or implied of these sites/App. Access or use of these Third-Party sites and App are governed by their own privacy statements.

INDEMNIFICATION

USER agrees to indemnify, defend and hold harmless DIRT BAG, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, suits, including reasonable attorney’s fees, resulting from any violation of this agreement, breach of USER’s representations contained herein, or any activity related to USER’s account (including infringement of Third Parties’ worldwide intellectual property rights or negligent or wrongful conduct) by USER or any other person accessing DIRT BAG or the App.

WAIVER AND RELEASE

USER agrees that DIRT BAG its officers, affiliates, or any of our or our affiliates’ respective officers, directors, members, managers, employees, agents, suppliers or successors or licensors shall not have any liability to USER under any theory of liability or indemnity in connection with USER’s use of DIRT BAG, the APP, the service or content or any transaction entered by USER with our LAUNDRY PARTNERS. Furthermore, DIRT BAG is not in any way, party to any transaction between the USER and our PARTNERS, except serve as platform for USER to avail of our PARTNER’s services. The USER also specifically acknowledges that DIRT BAG shall not be liable for any and all content or the defamatory, offensive, or illegal conduct of any Third Party links or App and that the risk of harm or damage from the foregoing rests entirely with the USER.

Lastly, the USER hereby releases and forever waives any and all claims USER may have against DIRT BAG, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of DIRT BAG, its officers, directors, employees, agents, licensors or suppliers) for losses or damages USER sustains in connection with his/her use of DIRT BAG, the APP, the service, or the content.

LIMITATION OF LIABILITY

Notwithstanding the foregoing paragraph, DIRT BAG will not be liable under any theory of law, for any indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use DIRT BAG, the APP or resulting from use of or reliance on the information presented, even if DIRT BAG may have been advised of the possibility of such damages. DIRT BAG and the APP are controlled and offered by DIRT BAG from its facilities in the Philippines. DIRT BAG makes no representations that DIRT BAG and APP is appropriate or available for use in other locations. Those who access or use DIRT BAG or APP from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No employee-employer relationship shall exist between DIRT BAG and the DIRT BAG PARTNER. The DIRT BAG Representative (DISPATCHERS) shall be under the direct supervision and control of the PARTNERS, who shall choose, hire, employ such in accordance with the PARTNER’s own standards. PARTNERS, therefore, undertake to hold DIRT BAG free from any and all claims arising from the employment of their respective DIRT BAG Representative. Should DIRT BAG be impleaded in any labor case involving any of the PARTNER’S DIRT BAG Representative, DIRT BAG reserves the right to immediately terminate this Agreement and to claim Attorney’s Fees and costs of suit against the PARTNER.

DIRT BAG shall not be liable for any conduct unbecoming of the DIRT BAG Representative (DISPATCHERS) or damages caused to the CUSTOMER due to the negligence of the DIRT BAG PARTNER and Representative (DISPATCHERS).

TERMINATION

DIRT BAG may also suspend access to this site or APP or terminate immediately this agreement, without notice, if USER fails to comply with the terms of this agreement.

PRIVACY

DIRT BAG respects the privacy of USERS and any information provided to us. As such we will not resell, rent or share the information USER provides to us with any unaffiliated third party, except as required by law or, with USER’s consent, to process or evaluate a proposed transaction. We commit to using the information USER sends to us in a responsible and secure manner.

GOVERNING LAW

This Agreement shall be governed by the laws of the Philippines and all litigations arising from the enforcement, termination, and interpretation of the terms of this agreement shall be filed only in the Courts of Quezon City to the exclusion of all other courts.

EVENTS OUTSIDE OUR CONTROL

DIRT BAG will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our PARTNERS including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.

NON-WAIVER

DIRT BAG’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof. In the same manner, neither shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.

This Agreement and its Annexes constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, statements whether written or oral, negotiations or understandings between the parties concerning the services provided herein.

NOTICE

DIRT BAG may deliver notice to USER under this Agreement by means of electronic mail, a general notice on DIRT BAG or the App, telephone of text Messaging to the phone number registered in USER’s Account or by written communication delivered by registered mail to USER’s address on record in the Account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding DIRT BAG or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any propriety right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor DIRT BAG for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of our Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from DIRT BAG or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage DIRT BAG in manner designed to protect out rights and property and to facilitate the proper functioning of DIRT BAG and the Marketplace Offerings.

CONTACT US

In order to resolve a complaint regarding DIRT BAG or the Marketplace Offerings or to receive further information regarding use of DIRT BAG or the Marketplace Offerings, please contact us at: