Effective: October 7th, 2024
1.1 These Terms of Use (“Terms”) govern the access or use by you, an individual or corporate entity, of the applications, websites, content, products, and services (the “Services”) made available in the United States by Waste Fix Inc., d/b/a Waste Fix and its subsidiaries and affiliates (collectively, “Waste Fix”).
1.2 Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Waste Fix. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Waste Fix may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
1.3 Supplemental terms may apply to certain Services, such as policies for a particular event, activity, or promotion, and such supplemental terms 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 Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
1.4 Waste Fix may amend the Terms related to the Services from time to time. Amendments will be effective after Waste Fix’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service are made available to you. If such amendment is a material change, Waste Fix will contact you via the email address associated with your account. Your continued access or use of the Services after such posting or communication constitutes your consent to be bound by the Terms, as amended.
2.1 The Services include a technology platform that enables users of Waste Fix’s mobile applications or websites (each, an “Application”) to arrange and schedule waste management and/or logistics services with third-party providers of such services, including independent third-party waste management providers and third-party logistics providers under agreement with Waste Fix or certain of Waste Fix’s subsidiaries (“Third Party Providers”). Unless otherwise agreed by Waste Fix in a separate written agreement with you, the Services are made available solely for your personal use and may not be resold. You access the Services by creating an account with Waste Fix (“Account”).
2.2 YOU ACKNOWLEDGE THAT Waste Fix DOES NOT PROVIDE WASTE MANAGEMENT OR FUNCTION AS A WASTE MANAGEMENT CARRIER. Waste Fix’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE WASTE MANAGEMENT SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Waste Fix HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY WASTE MANAGEMENT PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
2.3 Waste Fix DOES NOT GUARANTEE THE SUITABILITY, SAFETY, OR ABILITY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. Waste Fix WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGED OR SCHEDULED USING THE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. Waste Fix SHALL NOT, EXCEPT ARISING FROM ITS GROSS NEGLIGENCE, HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
2.4 LICENSE. Subject to your compliance with these Terms, Waste Fix grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable 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 use. Any rights not expressly granted herein are reserved by Waste Fix and Waste Fix’s licensors.
2.5 RESTRICTIONS. You may not:
2.6. LIQUIDATED DAMAGES. IN THE EVENT OF CUSTOMER’S BREACH OF ITS OBLIGATIONS UNDER SECTION 2.5(viii) OF THIS AGREEMENT, Waste Fix SHALL BE ENTITLED TO RECEIVE, AS LIQUIDATED DAMAGES, PAYMENT IN AN AMOUNT EQUAL TO: FIFTY THOUSAND DOLLARS ($50,000.00). THE PARTIES AGREE THAT THE NEGATIVE IMPACT ON Waste Fix WOULD BE IMPRACTICAL, AND THAT IT WOULD BE EXTREMELY DIFFICULT TO ESTIMATE THE ACTUAL DAMAGES TO BE SUFFERED BY Waste Fix AS A RESULT OF SUCH BREACH, AND THAT UNDER THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, THE LIQUIDATED DAMAGES PROVIDED FOR IN THE IMMEDIATELY PRECEDING SENTENCE REPRESENT A REASONABLE ESTIMATE OF THE DAMAGES WHICH Waste Fix WOULD INCUR AS A RESULT OF SUCH BREACH. THE PARTIES ADDITIONALLY AGREE THAT THE FOREGOING LIQUIDATED DAMAGES ARE REASONABLE UNDER THE CIRCUMSTANCES EXISTING AT THE TIME THE CONTRACT WAS MADE, IN ACCORDANCE WITH THE REQUIREMENTS OF NEW YORK GENERAL OBLIGATIONS LAW § 5-322. ALL PARTIES DO HEREBY AGREE THAT THE LIQUIDATED DAMAGES PROVIDED FOR IN THIS SECTION ARE A REASONABLE ESTIMATE OF THE TOTAL NET DETRIMENT THAT Waste Fix WOULD SUFFER IN THE EVENT OF THE BREACHES DESCRIBED HEREIN. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY, BUT IS INTENDED TO CONSTITUTE REASONABLE LIQUIDATED DAMAGES TO Waste Fix.
2.7 OTHER SERVICES AND CONTENT. The Services may be made available or accessed in connection with services provided by other entities (including advertising) that Waste Fix does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such services and content. Waste Fix does not endorse such services and content and in no event shall Waste Fix be responsible or liable for any products or services of such entities.
2.8 OWNERSHIP. The Services and all rights therein are and shall remain Waste Fix’s property or the property of Waste Fix’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Waste Fix’s company names, logos, product and service names, trademarks or service marks or those of Waste Fix’s licensor.
4.1 You understand that use of the Services may result in payments by you for the services you receive from a Third Party Provider (“Charges”).
4.1.1. Waste Fix offers four types of services:
4.2 All Charges are due immediately and payment can be made via credit card or ACH or physical checks. Customer authorizes the card issuer to pay all such amounts and authorizes Waste Fix (or its billing agent) to charge the credit card account for the Charges; provided that if payment is not received from the credit card issuer, Customer agrees to pay all amounts due upon demand. Customer must provide current, complete and accurate billing and credit card information. Customer agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of the credit card may charge a foreign transaction fee or related charges, which Customer shall be responsible to pay. Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on Waste Fix’s net income or property), and any related penalties and interest.
4.3 Waste Fix reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Waste Fix’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. In addition, Waste Fix retains the right to charge an additional fee if the load or job difficulty is greater than you identified. Waste Fix will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for Services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee as set forth in Exhibit A.
4.4 This payment structure is intended to fully compensate the Third Party Provider for the services provided. Waste Fix does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. In the event you feel unwelcome pressure to provide a gratuity, you may factor that experience into the rating or additional feedback you give.
4.5 DAMAGES. If your property or something that belongs to you is damaged during a Waste Fix booking, other than arising from Waste Fix’s gross negligence, we are in no way responsible or accountable for covering those damages.
5.1 DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Waste Fix DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, Waste Fix MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5.2 LIMITATION OF LIABILITY
Waste Fix SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF Waste Fix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT ARISING FROM GROSS NEGLIGENCE, Waste Fix SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF Waste Fix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Waste Fix SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND Waste Fix’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDING WASTE MANAGEMENT SERVICES REQUESTED THROUGH Waste Fix MAY OFFER PEER-TO-PEER WASTE MANAGEMENT SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. EXCEPT ARISING FROM GROSS NEGLIGENCE, IN NO EVENT SHALL Waste Fix’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.
5.3 INDEMNITY. You agree to indemnify and hold Waste Fix and its officers, directors, employees and agents, harmless from any and all claims, losses, demands, liabilities, and expenses (including attorneys’ fees), arising out of, related to or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Waste Fix’s proper use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
6.1 ARBITRATION. You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) shall be settled by binding arbitration between you and Waste Fix, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. ARBITRATION SHALL BE CONDUCTED BY A SINGLE ARBITRATOR IN NEW YORK CITY, NEW YORK. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, PURSUANT TO ITS CURRENT ARBITRATION RULES AND PROCEDURES. You acknowledge and agree that you and Waste Fix are each waiving the right to a trial by jury or to participate as a plaintiff or member in any class in any purported class action or representative proceeding and unless both you and Waste Fix otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent either party is permitted by law or court of law to proceed with a class or representative action against the other, the parties agree that: (i) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision in this agreement); and (ii) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
7.1 CHOICE OF LAW. These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict of law principles. Each of the parties to this Agreement hereby irrevocably submits to the exclusive jurisdiction of any state or federal court sitting in New York County, New York in respect of any suit, action, where such action is permitted by this Agreement, including but not limited to enforcing any arbitration terms or remedies, and irrevocably accepts for itself/himself/herself and in respect of its/his/her property, generally and unconditionally, jurisdiction of the foregoing.
7.2 GENERAL. You may not assign these Terms without Waste Fix’s prior written approval. Waste Fix may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Waste Fix’s equity, business or assets; or (iii) a successor by merger. In this Agreement, the words “including” and “include” mean “including, but not limited to.” Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Waste Fix or any Third Party Provider as a result of this Agreement or use of the Services. Time is not of the essence regarding delivery of the Services. If any provision of these Terms 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 these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Waste Fix in writing.
Cancellation:
Advance Booking Canceled
Same Day Booking Canceled
Rescheduling:
Service Fee: All bookings have a service fee of 10% that is non-refundable unless Waste Fix cannot complete the service. In such cases, the customer will have the option to reschedule at no charge or receive a full refund.