Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN SUBCRIBING FOR THE SERVICES.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CONDITION 12 (LIABILITY).
For the purposes of the terms and conditions contained herein the following definitions shall apply:
“App” means our IMO app available via the app store;
“Contract” means the contract between us and you for the supply of Services in accordance with these Terms;
“Nominated Vehicle” means the vehicle that the Services can be used on;
“Services” means the provision of unlimited car washing; “Subscription” means the relevant recurring subscription to use the Services;
“Terms” means these terms and conditions as amended from time to time in accordance with condition 15;
“We/ Us or Our” means Unlimited car wash or such entity as it may nominate to carry out the Services from time to time; and
“You or Your” means a subscriber for the Services.
2.1 The Services can only be used by people who:
2.1.1 are 17 years of age or over;
2.1.2 hold a full and valid UK driving licence;
2.1.3 are a fully insured driver of your Nominated Vehicle.
2.2 The Services are primarily aimed at consumers, however, we will, at our sole discretion, allow Subscriptions for taxi cabs (whether private hire or hackney carriages) and vehicles which are subject to a rental or hire agreement. During the registration process on the App you will be asked to confirm whether or not the Nominated Vehicle is a licensed, private taxi cab or hackney carriage. Any taxi cabs (whether private hire or hackney carriage) are subject to a surcharge of £20 per month if the Services are used excessively (at our sole discretion) Excessive use is deemed as more than one car wash per day on your subscription.
2.3 To register for a Subscription you will need to follow the procedure set out in the App. We shall have discretion as to whether we accept or refuse your application for a Subscription. For example, your application may be rejected if you have not disclosed that your vehicle is used for business purposes when asked during the application process.
2.4 You confirm that all information that you have provided to us when applying for a Subscription is accurate and complete.
2.5 You may not share your account or any log-in information (such as your account ID and password) with any other person. You are solely responsible for maintaining the confidentiality of your account and log-in information, even from your friends and family. If you fail to do so, you may unexpectedly lose access to your account and we will not have any liability to you for any loss, damage, expense or otherwise arising directly as a result of sharing your account or log-in information. You must notify us immediately of any unauthorised access of your account of which you become aware.
2.6 Upon registration you will need to choose your Subscription package. Details of all available Subscription packages are posted here www.imocarwash.co.uk/gb/unlimited You can change your Subscription at any time via the process set out in the App. Please read condition 4.5 concerning any refund you may or may not receive for changing your Subscription.
2.7 We can cancel your Subscription at any time if we suspect that you are misusing your account by allowing other vehicles or persons to use the Services.
2.8 Unlimited Wash Club includes up to one wash per vehicle per day
- Provision of the Services
3.1 The Services will only be available at the Sites listed here www.imocarwash.co.uk/gb/unlimitedsites. Any changes to the list of Sites will be notified to you by email to your registered email address. If you want to cancel your Subscription following a change in the Sites you will able to do so by following the cancellation procedure set out in condition 6.
3.2 A Subscription is personal to you and is only valid for your Nominated Vehicle, the registration number of which you shall provide to us upon your registration for your Subscription.
3.3 Upon registration you will be provided with a QR code, which will enable us to recognise the Nominated Vehicle and your Subscription at the Sites.
3.4 The QR code shall remain valid until your Subscription is cancelled in accordance with condition 6.
4.1 In order to access the Services you must choose a recurring Subscription with a minimum subscription period of 30 days and pay a recurring subscription fee (Subscription Payments). Upon registration you will need to choose whether to pay the Subscription Payments by credit card or direct debit.
4.2 Your Subscription Payment is due one month in advance and each Subscription Payment shall be payable on the same date each month as the date of your first subscription payment using the payment method that you have chosen to pay for your Subscription (Billing Cycle).
4.3 Your Subscription Payments shall be processed via our partner Adelante. To use the Services you need to agree to Adelante taking payment from you in accordance with their terms and conditions.
4.4 If you decide to change your Subscription in the middle of a Billing Cycle, the change will not take place until the end of the current Billing Cycle and any reduction in your Subscription Payment that you have already paid shall not be refundable.
4.5 If you choose to upgrade to a higher priced Subscription at any point during a Billing Cycle you shall be charged the additional Subscription Payment immediately adjusted on a pro-rated basis (for example if you were to upgrade on the 15th day of the 30 day billing cycle you will be billed for the remaining 16 days of your 30-day Billing Cycle).
4.6 You shall be notified of amendments to your subscription rate by us via email to the email address you provided to us during the registration process. If you want to cancel your Subscription following such Subscription Payment change you will able to do so by following the procedure set out in this Terms.
- Promotional Offers
5.1 The QR Code cannot be used in conjunction with any other offer.
5.2 We may, from time to time, issue promotional offers of reduced Subscription Payment rates. When such promotional offer period ends the full Subscription Payment shall be charged in accordance with condition 4 of these Terms. Any Subscription that is not cancelled by the end of the promotional period shall continue in accordance with these Terms.
- Cancellation of the Services
6.1 We may, at our discretion, cancel your Subscription (immediately and without notice) if you:
(a) fail to meet the eligibility criteria set out in condition 2.1;
(b) fail to pay any Subscription Payment when you are supposed to and still do not do so within 7 days of us reminding you that payment is due;
(c) are, or are suspected by us of being, guilty of any abusive behaviour (whether actual or threatened) towards our equipment or any of our partners or their employees wherever they are located; or
(d) are, or are suspected by us of being, guilty of making unauthorised payments for the provision of the Services via our App.
6.2 If you are contracting with us as a consumer you may decide to stop your Subscription within 14 days of the date of first agreeing to take out a Subscription by emailing customer services at firstname.lastname@example.org with the details of your Car registration plate and the email you signed up with. If you exercise your cancellation rights in accordance with this condition 6.2 you will receive a full refund of any Subscription Payment made. It is important to note that this right to a full refund will only apply where you have not used the Services during the initial 14 day period.
To Anduff Car Wash, 35-37 Amersham Hill, High Wycombe, HP13 6NU; email@example.com;
I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],
Ordered on [*] / received on [*],
Name of consumer(s),
Email address and registered car registration plate of consumer(s),
[*] Delete as appropriate
6.3 Your QR code will be switched off remotely by us within 7 working days of our receipt of your cancellation.
6.4 You may deactivate your Subscription at any time by e mailing customer services at firstname.lastname@example.org with your Car Registration details. Cancellation may take up to 7 working days to process and so any Subscription Payments that are payable within this 7 day period may still be taken by us.
6.5 The entirety of your Subscription Payment is due and payable on the first day of your Billing Cycle. All Subscription Payments are non-refundable unless we are required to do so as a result of any law or regulation in the UK (for example because you are unable to use the Services due to our technical faults).Therefore, if you cancel your Subscription in the middle of your Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to use the Services until the Billing Cycle ends.
7. Maintenance and Servicing of Equipment
7.1 In order to maintain the quality and availability of our Sites we are committed to regular maintenance and servicing of our washing equipment. During these times, provision of the Services at the Sites affected may be interrupted.
7.2 We aim to minimise inconvenience to you and shall try to carry out any maintenance and service works during a period of the day when our data states that washing frequency is lower (however this may not always be possible).
- Failure of Equipment
8.1 We cannot guarantee that our machinery and equipment will be fully operational at all times and so Services at affected Sites may be suspended from time to time.
8.2 Any maintenance or service works which arise out of an event listed in condition 8.1 shall be conducted where possible in in accordance with condition 7.2.
- Health and Safety
9.1 We are committed to the highest levels of health and safety across our Sites. We shall provide clear and unambiguous instructions on the safe operation of all of our equipment at each Site.
9.2 Full particulars of the circumstance of any incidents that result in damage or loss to our equipment or your possessions should be reported directly to a member of our team at the Site in question as soon as possible.
- How We May Use Your Personal Information
10.1 The information you provide to us during the registration process will be used in the following ways:
(a) enable us to provide you with access to the Sites and to supply the Services;
(b) to contact you for your views on the Services and to notify you occasionally about important changes or developments to the Sites and the Services;
(c) where you have agreed during the registration process, we may also use your information to contact you with details about any other products or services we or our partners offer that may be of interest to you. Where you have consented to being contacted by third parties, we may make your information available to them. If you change your mind about being contacted in the future, please contact us and tell us; and
(d) to provide our payment partner Adelante with the relevant payment information so that they can take process the payment of the Subscription Payment. Adelante’s use of this information is governed by their privacy policies
10.2 We may also collect certain information about your visits to the Sites. This may include information about the frequency and duration of your visits. We may aggregate this information with other users’ information to identify patterns which we can use in our marketing to third parties and to help us develop, administer, support and improve the Services.
10.3 We retain access to all personal information that we have collected from you for as long as is necessary to provide you with the Services or for as long as the law otherwise permits.
10.4 Except as set out in this condition 10, we will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law.
10.5 You may update your information at any time on the App.
10.6 We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission. The computers that store the information are kept in a secure facility with restricted physical access and we use secure firewalls and other measures to restrict electronic access. If we are working with third parties we will require them to have in place similar measures to protect your personal information.
11.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive the Services which are as described and supplied with reasonable skill and care.
11.2 We are not responsible if you lose your password or account ID in as a result of a breakdown, error, loss of power or otherwise caused by or to your computer system.
11.3 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.4 We are not be responsible for any business losses. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.5 We shall not liable or responsible for any injury or incident (resulting in damage or loss to yourself or any Nominated Vehicle) as a result of the improper use of any of our equipment.
- How to Contact Us
12.1 You can contact us by telephoning our customer service team at 01494 897410 or by writing to us at email@example.com or Unlimited Wash Club, ICWG IMO Car Wash Group, 35-37 Amersham Hill, HP13 6NU.
12.2 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us during the registration process.
- How We Work To Resolve Disputes
We look to resolve all disputes promptly and fairly. If you have a complaint about our Services which is not able to be resolved on-Site please send us a detailed letter with current contact information by Recorded Delivery to the address listed on our website. We will aim to respond to such letters within 30 days to attempt to resolve the dispute. In addition, please note that the European Commission also provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/.
14.1 You shall not own any of the Sites or any other parts of our property by virtue of your Subscription.
14.2 We will notify you of changes to these Terms in writing either to the email address or postal address that you have provided upon your registration as soon as possible. Such notice shall include the actual date that the proposed changes to the Terms are to come into force.
14.3 In the event that you do not agree to our revisions to these Terms you have the right to terminate your subscription with us by uninstalling the App and cancelling your Subscription (see Condition 6). You will be entitled to receive a pro-rata refund of any Subscription Payment if such termination takes place in the middle of a Billing Cycle by emailing customer services at firstname.lastname@example.org. Your continued use of the Services following any revision to these Terms will demonstrate your full acceptance of any and all such changes.
14.4 If a court decides that any part of these Terms are invalid, that particular part of these Terms will not apply, but the rest of these Terms will. A delay in enforcing any provisions of these Terms shall not mean prevent enforcement of any other provision of these Terms.
14.5 You may not transfer any benefit or obligations under these Terms without getting our consent first. Nobody else has any rights under these Terms.
14.6 These Terms are governed by English Law and you can bring legal proceedings in respect of the Services in the courts of England and Wales.