Cashare Terms & Conditions
Terms & Conditions
EXECUTIVE SUMMARY OF CASHARE TERMS AND CONDITIONS
This is a summary of the terms and conditions applicable to service providers using the Cashare app. It should not be a substitute for reading the full version below.
We are Washare Limited, a company incorporated and registered in England and Wales with company number 11638614 and with our registered office at Berkeley Square House, Berkeley Square, London, W1J 6BD, United Kingdom. Henceforth we are referred to as “We”, “Us” or “Washare”. You are, subject to your registration, a “Service Provider” or “You”.
We operate the Cashare mobile application, the Washare mobile application and the website at www.washare.com, via which You can agree to provide laundry, ironing and other services to third party customers.
We are responsible for: (i) providing a platform via which You may accept requests for Cleaning Services from Customers; (ii) keeping records of bookings; and (iii) receiving and dealing with feedback, questions and complaints relating to accepted bookings and are appointed under these Terms as your commercial agent to do so. We will collect payments from Customers on your behalf and successful receipt of payment by us from Customers will discharge their debt to you. We will then pay this direct to You after deducting any charges due from You to us.
You are responsible for the Cleaning Services which You provide to Customers and the contract for those Cleaning Services is between You and the Customer. We are in no way liable to Customers for the Cleaning Services they receive from You. You agree your relationship to Us and the Customer is that of an independent third party contractor and nothing in these Terms shall render You an employee, worker, agent or partner of Us or of any Customer and You shall not hold yourself out as such.
You have a number of obligations to Us in return for receiving the Platform Services. These are set out in detail in the full version below but some important ones are as follows:
You agree to pay all applicable charges (including our commission).
You agree to supply the Cleaning Services with all reasonable care, skill and attention.
You have all necessary equipment required to perform the Cleaning Services, and such equipment is of a suitable standard and is properly maintained at all times.
You have in place at all times appropriate insurance cover for your provision of the Cleaning Services.
You will discharge all of your liabilities to taxes arising from your performance of Cleaning Services in accordance with the requirements of English law.
Please read these Terms carefully and make sure You understand them before You use the Platform Services and/or offer to provide Cleaning Services via the Cashare App as they will apply to your relationship with Washare and with Customers. Amongst other things, these Terms restrict our liability to You in certain circumstances (see clause 9 below for details). If You do not agree with these Terms, You must not use the Platform Services or provide Cleaning Services to Customers.
These Terms may change from time to time and it is the current version available on the Cashare App which will apply to the Cleaning Services when You accept a Booking. We will notify You of changes to these Terms by email at the email address which You have provided upon registering your account with Us. It is up to You to notify Us of any changes to your chosen email address – if You wish to do so, please get in touch at [email protected] and We will be happy to help.
FULL VERSION OF CASHARE TERMS AND CONDITIONS
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Account: the electronic account created by You to register your access to the Platform Services.
Booking: a booking made by a Customer on the Washare App for Cleaning Services.
Cashare App: our mobile application called “Cashare” whereby persons registered and approved by Us create a pool of Service Providers who can agree to provide Cleaning Services to Customers.
Charges: has the meaning given in clause 11.
Cleaning Contract: the contract which You will have with a Customer for Cleaning Services, as entered into by You via the Cashare App (through Us acting as your agent) and by the Customer via the Washare App.
Cleaning Services: the services as listed on the booking form available on the Washare App from time to time (including, by way of example, laundry and ironing) and provided by You, as the Service Provider, to Customers in accordance with these Terms.
Customer: a third-party consumer user who is registered on our Washare App and with whom You may enter into one or more Cleaning Contracts via the Cashare
Platform Services: the services provided by Washare to You from time to time under these Terms including: (i) the provision of a platform via which You may accept requests for Cleaning Services from Customers; (ii) keeping records of Bookings; (iii) acting as your agent to receive and deal with feedback, questions and complaints relating to Bookings; and (iv) acting as your agent to collect payment for Cleaning Services from Customers.
Service Provider: a person who is registered on the Cashare App to provide Cleaning Services under a Cleaning Contract.
Terms: these terms and conditions applicable to Service Providers using the Cashare App, as amended by Us from time to time.
Wallet: the digital wallet assigned to your Account which can be credited by Washare with Charges owing to You and from which penalties or other fees owing to Washare can be deducted.
Washare App: our mobile application called “Washare” via which Customers can request and book Cleaning Services.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail and notifications via the Cashare App.
1.3 In these Terms, the words “including” and “include” mean “including, but not limited to”.
- Availability, Errors and Inaccuracies
We are constantly updating the scope of the Platform Services. The products or services available as part of the Platform Services may be mispriced, subject to inaccuracies, or unavailable, and We may experience delays in updating information relating to the Platform Services and in our advertising on other websites or platforms including on the Washare App. To the maximum extent permitted by applicable law, You expressly agree that any offer of an opportunity to supply a product or service to a Customer does not constitute a legal offer capable of attracting legal consequences. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. This section “Availability, Errors and Inaccuracies” does not affect your statutory rights.
- Your Account and Use of Personal Information
3.1. To use or access the Platform Services, You will need to create and register an account via the Cashare App. You must be at least 18 years of age to create an Account.
3.2. Account registration requires You to submit to Washare certain personal information, such as your name, address, email address and mobile telephone number, as well as at least one valid method to receive payment being a bank account held with a UK Bank. You agree to provide and maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Platform Services or Washare’s termination of your Account. Unless otherwise permitted by Washare in writing, You may only possess one Account. You may not authorise any third party to use your Account.
3.3. Your Account will be accessed through a username chosen by You and a password chosen by You when creating your Account. You are able to change your password from time to time at your convenience. At all times, You are responsible for safeguarding and protecting the password that You use to access your Account and for any activities or actions relating to your password.
3.4. We are not responsible for any loss or damage arising from unauthorised access to your password or Account as a result of any non-compliance with these Terms.
3.5. You agree not to disclose your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of your Account.
3.6. You may not use, as a username, the name of another person or entity or any username that is not lawfully available for use such as (without limitation) a name or trade mark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
3.7. We have the right to disable any username or password at any time if, in our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
3.8. By creating an Account, You agree that Washare may send You notifications through the Cashare App, through e-mail or through text (SMS) messages as part of the normal business operations of the Platform Services.
3.9. In certain instances You may be asked to provide proof of identity to access or use the Platform Services or for the performance of Cleaning Services to a Customer, and You agree that You may be denied access to or use of the Platform Services or refused permission to supply Cleaning Services if You refuse to provide proof of identity.
3.10. We will use your personal information provided to Us by You to:
provide the Platform Services; and
process payments to You in accordance with these Terms.
3.11. We will not give your personal data to any third party including Customers who will be able to communicate with You through the Cashare App for the performance of the Cleaning Contract. To that extent, Customers will have limited access to information and content featured on your Account.
- User Generated Content and Acceptable Use Policy
4.1. If and where the functionality of the Cashare App allows, You may (via your Account) submit, upload, publish or otherwise make available feedback about Customers. Any such content provided by You through your Account remains your property. However, by providing this content to Washare, you agree to grant Washare a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised (including on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
4.2. We reserve the right to refuse to publish any such content provided by You (or remove without notice any previously published content) if it does not adhere to our Acceptable Use Policy. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) content provided by You. We also reserve the right to close your Account and/or ban You from being able to post user generated content via the Cashare App if You breach the terms of our Acceptable Use Policy.
4.3. You hereby acknowledge and accept that the Washare App includes a reviewing function which, when enabled, permits Customers to post feedback about the Cleaning Services provided by individual Service Providers. You should note that this function may not be opted out from and may from time to time contain negative reviews and/or feedback from Customers, which is outside Washare’s control. Views and opinions expressed by Customers are those of the individual submitting the user generated content, not those of Washare and We accept no responsibility for such user generated content. However, if You find any user generated content on the Washare or Cashare Apps to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at [email protected] with the subject heading “Objectionable Content”. On receipt of your complaint We may remove, amend or block access to the user generated content complained of.
4.4. Subject to applicable law, Washare may, but shall not be obligated to, review, monitor, or remove any such content at Washare’s sole discretion and at any time and for any reason, without notice to You.
- Third Party App Store Services
Apple Inc. and Google Inc. (and/or their applicable international subsidiaries and affiliates) will be third-party beneficiaries to these Terms if You access the Platform Services using an application developed for Apple iOS or Android powered mobile devices respectively. These third party beneficiaries are not responsible for the provision or support of any services available via the Cashare App. Your access to the Platform Services using these devices is subject to the terms set out in the applicable third party beneficiary’s terms of service.
- Termination of your Account
6.1. We may terminate or suspend your Account immediately on notice, without prior notice or liability, for any reason whatsoever at our sole and absolute discretion, including if You breach these Terms. Termination of your Account means that You will not be able to use or access the Platform Services offered via the Cashare App. Upon termination, your right to access the Platform Services will immediately cease and, the value of the Wallet in your Account shall be returned to your bank account specified pursuant to clause 3.2 less:
any amounts that We are entitled to retain or deduct in accordance with these Terms including under clauses 12 and 14; and
a reasonable deduction in respect of our administration costs for the closure of your Account.
6.2. If You wish to terminate your Account, You may do so at any time, provided that, at such time, You do not have any ‘live’ Bookings and/or incomplete Cleaning Contracts.
6.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
6.4. Our right to terminate your Account as per 6.1 is without prejudice to any of your statutory rights including the Equality Act 2010.
- The provision of the Platform Services
7.1. Washare provides to the Platform Services to You. The Platform Services include:
Accepting, as your disclosed agent, Bookings requested by Customers in accordance with these Terms thereby giving rise to a Cleaning Contract between You and the relevant Customer on the terms set out in clause 8, but without prejudice to Washare’s rights at its sole and absolute discretion and as your agent to decline any such request and/or cancel an accepted Booking;
Monitoring the progress of the Cleaning Contract booked via the Cashare App through input by You;
Keeping records of Bookings; and
Receiving and dealing with feedback, questions and complaints relating to Bookings accepted on your behalf and as your agent by Washare.
- Your Cleaning Contract with the Customer and Your Performance of the Cleaning Services
A Your Status
8.1. Washare is not a provider of laundry, ironing or other similar services and does not undertake the Cleaning Services. Washare provides a technology platform that enables registered Service Providers and Customers to respectively provide and receive services including laundry and ironing through an onward Cleaning Contract made between a Service Provider and a Customer.
8.2. The Cleaning Services are provided by You under the Cleaning Contract which is between You and the Customer through your use of the Platform Services.
8.3. Washare is not a party to the Cleaning Contract and acts as a disclosed agent for You in communicating your agreement to enter into a Cleaning Contract with the relevant Customer. Nothing in these Terms shall constitute Us and You as partners, joint venturers or co-owners.
8.4. You acknowledge that all Cleaning Services are provided by You as an independent third party contractor who is not employed by Washare nor are You a “Worker” within the meaning of any of section 230(3)(b) of the Employment Rights Act 1996, the Working Time Regulations 1998, nor the National Minimum Wage Act 1998 or otherwise and you agree to indemnify and hold Us harmless in respect of any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by You in connection with the provision of the Cleaning Services. You agree that You shall be solely responsible for the discharge of all value added tax, income tax and national insurance contribution liabilities (together “Taxes”) arising from your performance of the Cleaning Services and under all Cleaning Contracts entered into by You with any Customer and agree to indemnify and hold Us harmless in respect of any such Taxes and against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by Us in connection with the Taxes. We may satisfy the above indemnities (in whole or in part) by way of deduction from any payments due to You under these Terms.
8.5. You acknowledge and agree that:
opportunities to provide Cleaning Services and to enter into Cleaning Contracts with Customers made available through the Cashare App are offered to multiple Service Providers, some or all of whom may be within your local area, and no minimum level of or indeed any utilisation of your Cleaning Services is guaranteed;
You are not required to perform any Cleaning Services nor are you required to accept any opportunity to provide Cleaning Services save that You must perform your obligations under the individual Cleaning Contracts entered into by You with Customers;
the use of your equipment for the commercial purpose of performing Cleaning Contracts may invalidate any manufacturer’s or other warranty on that equipment and it is used at your own risk; and
Washare is not obliged to verify the identity or otherwise investigate or carry out any background checks on any Customer and that You are solely responsible for your physical and mental safety and security in respect of any interaction with any Customer.
B Performance of the Cleaning Services
8.6. On the date of your acceptance of these Terms and on each occasion You enter into a Cleaning Contract, You represent, warrant and undertake to Us and agree that:
You will perform the Cleaning Services required under each Cleaning Contract with all due skill, care and attention;
You will remain calm, polite and courteous to any Customer and will perform all Cleaning Services in a manner which does not cause disturbance, annoyance or a nuisance to others within the surrounding environment or vicinity, whether in a residential area or otherwise;
You have the required skill, experience and all necessary equipment to properly perform the Cleaning Services required under each Cleaning Contract;
You are solely responsible for the provision and the maintenance of all equipment required to perform a Cleaning Contract and that any loss or damage to any such equipment is at your own expense;
You will not allow any third party to perform or carry out any part of the Cleaning Services on your behalf;
You will not, in your provision of the Cleaning Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Customer or any other party;
You will allow the Customer a reasonable period to inspect all garments cleaned by You before they are required to depart their point of collection (if under the Cleaning Contract they collect their clothing) or You their premises (if under the Cleaning Contract their clothing is dropped off by you);
You will immediately notify Us of any complaints that You receive from a Customer or other third party in relation to the Cleaning Services by emailing us at [email protected];
You will discharge all of your liabilities to Taxes arising from your performance of Cleaning Contracts in accordance with the requirements of English law;
You will obtain and maintain appropriate insurance cover for your provision of the Cleaning Services; and
Once You have entered into a Cleaning Contract with a Customer, You agree not to enter into any arrangement for the provision of equivalent or similar services with that Customer other than through the Cashare App.
8.7. Nothing in these Terms shall prevent You from being engaged, concerned or having any financial interest in any capacity in any other business, trade, profession or occupation during the continuance of these Terms or after their termination provided that such activity does not cause a breach of any of your obligations under these Terms.
8.8. Subject to these Terms and in particular clauses 8.6(i) to 8.6(xi) above, You will have control over the manner in which the Cleaning Services are provided to the Customer.
- Limitation of Liability – Please read carefully
9.1. Subject to clause 9.2, Washare’s maximum aggregate liability to You under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed £100. Further, Washare will not be liable to You in any way (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for:
any loss of or damage to your or any other person’s property in connection with your performance of the Cleaning Services or any Booking accepted by Washare on your behalf;
any Booking that is cancelled by the Customer (other than as set out in clause 13);
any loss, damage, costs, expenses or liability suffered by anyone other than You in connection with your use of the Cashare App;
any loss of income or profits, loss of contracts, loss of opportunity, loss of business or goodwill, or other intangible losses or for any indirect or consequential loss or damage of any kind howsoever arising (even if Washare has been advised by You of the possibility of such loss or damage); or
any other loss, damage, costs, expenses or liability that You suffer in connection with the Platform Services, save to the extent that Washare fails to perform its obligations to You with that degree of skill and care which would reasonably and ordinarily be expected from a diligent and professional provider of services similar to the Platform Services.
You agree that the limitations set out in this clause 9.1 are fair and reasonable having regard in particular, to the fact that the Cashare App and the Platform Services are provided to You free of charge and that Washare only receives a fee in the event that You enter into and perform a Cleaning Contract.
9.2. Nothing in these Terms shall exclude or in any way limit Washare’s liability for fraud or for death or personal injury caused by its negligence or for its wilful default or any other liability to the extent the same may not be excluded or limited as a matter of law.
- Applicable Law
10.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales.
10.2. Any dispute, claim or matter of difference arising out of or relating to these Terms is subject to the exclusive jurisdiction of the courts of England and Wales, except in the limited circumstances described in clause 14.1, in which case the provisions of the remainder of clause 14 shall first apply.
- Payment and Deductions from Payment
11.1. Performance of the Cleaning Contract will entitle You to receive payment from the Customer in the amount detailed on the Cashare App at the time of acceptance by You of the relevant Cleaning Contract (the “Charges”). After You have performed the Cleaning Services under a Cleaning Contract, We will facilitate your receipt of the Charges on behalf of the Customer as disclosed payment agent for the Customer and as disclosed collection agent for You.
11.2. Payment to You into your Wallet of the Charges in the manner described in clause 11.1 shall be considered the same as payment made directly to You by the Customer. Charges and payment of the Charges will be inclusive of applicable taxes (including VAT) for which You may be liable to account where required by law. Payment will be made from your Wallet to your bank account not more than 14 days from the later of your completed performance of the relevant Cleaning Contract and receipt of funds from the Customer (subject to the following provisions of this clause 11) and are final and non-refundable, unless otherwise determined by Washare acting reasonably.
11.3. As between You and Washare, Washare reserves the right to establish, remove and/or revise Charges for any or all the Platform Services and/or the Cleaning Services at any time in Washare’s sole discretion. Further, You acknowledge and agree that Charges may fluctuate substantially during times of high or low demand from Customers whether generally or in any particular geographic area.
11.4. In return for the provision to You of the Platform Services and making available opportunities to enter into Cleaning Contracts, We shall be entitled to a fee (the “Washare Fee”) as set out below.
11.5. The Washare Fee shall be an amount equal to 25% of the price payable by the Customer for the Cleaning Services under each Cleaning Contract and shall be deducted from that amount by Washare prior to payment of the Charges to You. The net amount displayed as Charges payable to You is shown on the Cashare App at the time of your entry into the Cleaning Contract.
11.6. Weoperate a deposit system in case the circumstances in clause 12 or 14 arise and You owe Us money. In order to create your deposit, We will deduct £10.00 from every payment of Charges to You, until We hold a total of £100.00asyour deposit.This deposit will show as a separate credit balance in your Wallet. You acknowledge that (i) We may use part or all of this deposit towards any liability that You may have where the circumstances in clauses 12 or 14 apply; and (ii)We will deduct £10.00 from future payments of Charges to You, until your deposit balance has reached £100.00 again.
11.7. The deposit will re returned to you when you cease your registration as a Service Provider on the Cashare app or when such registration is terminated, less any sum due to us pursuant to your liability in clauses 12 or 14
- Delay or Cancellation of a Booking by You
12.1. You may cancel a Cleaning Contract within five (5) minutes of the Booking being made by a Customer. If You cancel a Cleaning Contract after that period You will be charged a cancellation fee of £3.00, which shall be payable to the Customer. You may not cancel a Cleaning Contract once You have received the items which are the subject of the Cleaning Services.
12.2. If You fail to accept the items for cleaning or fail to collect the items for cleaning from the Customer (as applicable) within one (1) hour of the due time for their delivery or collection (as applicable), You will be charged 50 pence per hour of delay (or part thereof), all of which shall be payable to the Customer. If there is a delay of two hours or more, the Cleaning Contract shall be deemed cancelled and You shall also be charged a cancellation fee of £3.00, which shall be payable to the Customer.
12.3. If You fail to provide the Cleaning Services under the Cleaning Contract, You will be charged a cancellation fee of £3.00, which shall be payable to the Customer.
12.4. If You fail to return the items to the Customer within one (1) hour of the due time for their return, You will be charged £3.00 per day of delay (or part thereof) up to a maximum amount of £100.00, of which shall be payable to the Customer.
12.5. Any fees or other amounts payable by You under this clause 12 shall be deducted from your Wallet or, if insufficient funds are in your Wallet, from any subsequent payments to You to which You would otherwise be entitled to receive. This right of deduction is in addition to any other rights or remedies we may have under these Terms, including under clause 15.
- Delay or Cancellation of a Booking by a Customer
13.1. A Customer may cancel a Booking within five (5) minutes of placing it. If a Customer cancels after that period, they will be charged a cancellation fee of £3.00, which shall be payable to You as Charges.
13.2. If a Customer fails to deliver the items to You or enable collection of the items by You within one (1) hour of the due time for their delivery or collection (as applicable), the Customer will be charged 50 pence per hour of delay (or part thereof), which shall be payable to You as Charges. If there is a delay of two hours or more, the Cleaning Contract shall be deemed cancelled and the Customer shall also be charged a cancellation fee of £3.00 which shall be payable to You as Charges.
13.3. A Customer may not cancel a Cleaning Contract once You have received the items which are the subject of the Cleaning Services.
13.4. If a Customer fails to collect the items from You within one (1) hour of the due time for their collection, the Customer will be charged £1.00 per day of delay (or part thereof) up to a maximum amount of £30.00 which shall be payable to You as Charges. If there is a delay of more than 30 days, You shall be entitled to dispose of the items without any liability to the Customer.
- Disputes and Loss / Damage to a Customer’s Clothing
14.1. Washare operates a dispute resolution procedure which You agree by the acceptance of these Terms shall apply in relation to any dispute between You and any Customer regarding the quality of performance of the Cleaning Contract and any damage to or loss of Customers’ clothing (whether actual or alleged) while in your possession.
14.2. In the event of any claim or dispute between You and any Customer regarding the quality of performance of the Cleaning Contract or any damage to / loss of a Customer’s clothing while in your possession, Washare may in its discretion and acting in good faith determine the outcome of such claim or disputeand may deduct from any amounts in your Wallet or any future payments to You as follows:
where the dispute relates to the quality of performance of the Cleaning Contract but does not involve damage to or loss of a Customer’s clothing (whether actual or alleged), Washare may deduct an amount of between 0-100% of the amounts which would otherwise be payable to You under that Cleaning Contract; and
where the dispute relates to damage to or loss of a Customer’s clothing (whether actual or alleged), Washare may deduct the greater of: (a) 0-100% of the amounts which would otherwise be payable to You under that Cleaning Contract; and (b) the sum of £50.00 per item of clothing the subject of the claim, but subject always to an aggregate limit of £100.00 for each Cleaning Contract.
- Disclaimer and Indemnity
15.1. The Platform Services are provided “as is” and “as available”. Washare disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including any implied warranties. In addition, Washare makes no representation, warranty or guarantee regarding the reliability, timeliness, quality and suitability or availability of the Platform Services, or that the Platform Services will be uninterrupted or without error.
15.2. Notwithstanding the provisions of clause 14, You agree to indemnify and hold Washare harmless from any and all claims, demands, losses, liabilities, and expenses (including legal fees) arising out of or in connection with: (i) your provision of the Cleaning Services to a Customer; (ii) your breach of any of these Terms; (iii) Washare’s use of your content as described in clause 4.1 above; or (iv) your violation of the rights of any third party, including Customers and Service Providers.
- Referral Scheme
16.1. Once You have set up an Account, You will be eligible to receive a commission from Us in respect of any person who You refer to the Cashare App and who successfully registers as a Service Provider (a “New Joiner”).
16.2. The commission payable by Us is equivalent to 5% of all amounts earned by the New Joiner for a period of six months following the date of their account registration on the Cashare App.
16.3. We will provide You with a referral code which the New Joiner must quote to Us when registering their account in order for you to receive any commission.
17.1. You may not assign or transfer these Terms in whole or in part without Washare’s prior written approval. You give your approval to Washare for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Washare’s equity, business or assets; or (iii) a successor by merger or acquisition.
17.2. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall, insofar as it is severable from the remaining provisions, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining provisions.
17.3. Except as otherwise set out in the section above entitled “There are other terms that may apply to you”, these Terms constitute the entire agreement between You and Washare and supersede any and all prior agreement, understanding or arrangement between You and Washare, whether oral or in writing, to the fullest extent permitted by law.
17.4. The failure of either party to enforce or to exercise at any time or for any period of time any provision of or any right pursuant to these Terms does not constitute, and shall not be construed as, a waiver of such provision or right and shall in no way affect that party’s right later to enforce or to exercise it.
17.5. A person who is not a party to these Terms has no right to enforce any provision of these Terms