Effective June 15, 2015
These Terms of Service (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the “Services”) made available in the United States and its territories and possessions by Wasche, Inc. and its subsidiaries and affiliates (collectively, the “Company”). In these Terms, the words “including” and “include” mean “including, but not limited to” and the term “your vehicle” refers to the vehicle to be cleaned.
By clicking “I agree” or accessing and using the Services, you are agreeing to be bound by these Terms, which establish a contractual relationship between you and Company. If you do not agree to these Terms, do not click “I agree” and do not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Company 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.
The Services constitute a technology platform that enables users of Company’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule vehicle washing and care services with third party providers of such services, including independent contractors under agreement with Company or its affiliates (“Waschers”).
For safety reasons, you shall not do any of the following: (i) give the key to your vehicle to a Wascher, (ii) ask or allow a Wascher to drive or move your vehicle, even if requested by the Wascher, (iii) park your vehicle in an unsafe place while it is being cleaned, (iv) park your vehicle in a location where the provision of Service is or would be prohibited, or (v) leave any valuables in your vehicle. Examples of unsafe places include vehicles parked on steep uphill or downhill or in locations too close to traffic or too close to other vehicles. Your vehicle must have at least three feet of space around the vehicle for Wascher to move freely and safely. If a Wascher informs you that your vehicle needs to be moved, you must move it. If you are unwilling or unable to move it or unavailable, the Services will be cancelled and a cancellation fee may apply. You agree to indemnify Company for, and Company will have no liability with respect to, any damage, loss, liability, cost or expense that arises out of or results from your failure to comply with this paragraph.
To help ensure the proper performance of Services and to protect and preserve the paint and appearance of your vehicle, you shall not request or have a Wascher use any solution, soaps, waxes, solvents, water, chemicals, or other products or supplies other than the Wascher’s own vehicle care supplies to wash your vehicle (which ban includes any products or supplies furnished by you). Additionally, you must use water to hose off or wash your vehicle if it extremely dirty (including covered in mud or snow) prior to the arrival of the Wascher. Failure to do so may result in a cancellation fee.
You agree not to ask a Wascher to wash or clean a vehicle other than through the Application.
If you are not satisfied with the cleaning performed on your vehicle by a Wascher, you must notify Company within 24 hours. As your sole remedy and Company’s entire liability, Company will schedule another appointment free of charge.
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferrable 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, noncommercial use. Any rights not expressly granted herein are reserved by Company and Company’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Company; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) develop or run any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise password or data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks; (vii) interfere with or disrupt any other user’s use or ability to use the Services or the related systems or networks.
The following additional terms and conditions apply with respect to any Application that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any Mobile Application that Company provides to you designed for use on an Android-powered mobile device (an “Android App”):
The Services and all rights therein are and shall remain the property of Company or its 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 Company’s company names, logos, product and service names, trademarks or services marks or those of Company’s licensors.
In order to use the Services, you must register for and maintain an active personal user account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Company certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Company’s termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Company in writing, you may only possess one Account.
The Services are not available for use by persons under the age of 18. You may not authorize third parties to use your Account. You may not assign or otherwise transfer your rights to your Account to any other person or entity. You agree to comply with all applicable laws when using the Services. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Wascher or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services or have your vehicle serviced, and you agree that you may be denied access to or use or provision of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that a Wascher may send you text messages (SMS) in connection with the Services, including to give you an estimated arrival time or to provide important information to you (such as the need to move your car so that it may be washed safely). You agree to receive text (SMS) messages as part of the provision of the Services.
Company may, in Company’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Wascher’s services, subject to any additional terms that Company establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Company; (iii) may be disabled by Company at any time for any reason without liability to Company; (iv) may only be used pursuant to the specific terms that Company establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Company determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Company may, in Company’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Company through the Services content, photos, text, audio, video and visual content and information, including commentary and feedback related to the Services and Waschers, photographs of your vehicle prior to and after cleaning, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Company, you grant Company a worldwide, perpetual, irrevocable, transferrable, 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 User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Company’s business and 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.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Company the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Company’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Company in its sole discretion, whether or not such material may be protected by law. Company may, but shall not be obligated to, review, monitor, or remove User Content, at Company’s sole discretion and at any time and for any reason, without notice to you.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Company does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services and goods you receive from a Wascher (“Charges”). After you have received services or goods obtained through your use of the Services, Company will facilitate your payment of the applicable Charges on behalf of the Wascher, as such Wascher’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Wascher. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Company.
All Charges are due immediately and payment will be facilitated by Company using the preferred payment method designated in your Account, after which Company will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Company may, as the Wascher’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Company, Company reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Company’s sole discretion. Further, you acknowledge and agree that Charges may vary or increase substantially on certain days or during times of high or low demand. Company 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. Company may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Wascher at any time prior to such Wascher’s arrival. If you cancel more than five minutes you request services for your vehicle, you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Wascher for the services or goods provided. Company does not designate any portion of your payment as a tip or gratuity to the Wascher. While you are free to provide additional payment as a gratuity to any Wascher who provides you with services or goods obtained through the Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Wascher.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY 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, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF WASCHERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OR PROVISION OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES 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 WASCHER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL.
IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500). THE ABOVE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Company’s use of your User Content; (iv) your acts, error or omissions (including any death, bodily injury or damage to or destruction of property caused by or attributable to your conduct); or (v) your violation of the rights of any third party.
Wasche is a trademark of Wasche, Inc. in the United States. Other trademarks, names and logos are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Services, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Wasche, Copyright © 2015 Wasche, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Application and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if you are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Except as expressly set forth below, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of this agreement to arbitrate) or your relationship with Company shall be determined by arbitration before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. The arbitration will be held at JAMS’ offices in San Jose, California absent mutual agreement of the parties to hold it elsewhere. Judgment on the Award may be entered in any court having jurisdiction. Claims may not be brought in arbitration on a class, collective, or private attorney general representative action basis. You may opt-out of this arbitration provision if you give written notice to the Company of your election not to arbitrate within 30 days of your execution of these Terms.
These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles.
Company respects the intellectual property rights of others, and expects that you will do the same. Company may, in appropriate circumstances and at its discretion, terminate service and/or access to the Services for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on the Services (including any User Content), please provide Company’s designated agent the following information:
Company’s agent for notice of claims of copyright or trademark infringement on this Site can be reached at firstname.lastname@example.org.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Company will notify you that it has removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that is received by Company. If you receive such notice from Company, you may provide Company with a counter-notification in writing to the Company designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and
the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the
material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Company may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Company reserves the right, in its sole discretion, to terminate the account or access of any user of our web site and/or service who is the subject of repeated DMCA or other infringement notifications.
Any notice delivered by Company to you will be delivered by email to the email address associated with your Account. Any notice delivered by you to Company will be delivered by contacting Wasche at email@example.com.
You may not assign these Terms without Company’s prior written approval. Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section is void. No joint venture, partnership, employment, or agency relationship exists between you, Company or any Wascher as a result of this Agreement or use 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. Company’s 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 Company in writing that identifies itself as an amendment hereto.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Services are provided by Wasche, Inc., firstname.lastname@example.org and 131 S Maple Ave., Suite 6, South San Francisco, CA, 94080. If you have a question or complaint regarding the Services, please contact customer service at email@example.com. You may also contact Company by writing to firstname.lastname@example.org and 131 S Maple Ave., Suite 6, South San Francisco, CA, 94080. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.