Saver Car Wash Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN PURCHASING THE SERVICES.
YOUR ATTENTION IS DRAWN IN PARTICULAR TO CONDITION 10 (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 or Play 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 prepaid car washing at the Site;
“Site” means a location where the Services can be used which you have selected upon registration;
“Saver”, means the relevant washes that have been purchased through the app
“Terms” means these terms and conditions as amended from time to time in accordance with condition 14.2;
“we”, “us” or “our” means Anduff Car Wash Limited or such entity as it may nominate to carry out the Services from time to time; and
“you or your” means a user of the Saver Services.
- Saver Purchases
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; and
2.1.3 are a fully insured driver of your Nominated Vehicle.
2.2 No operator of any of our sites nor his or her family members or staff may purchase saver washes or use the Services.
2.3 In order to purchase washes through the App, you will need to create an account by following the procedure set out in the App. You confirm that all information that you have provided to us when purchasing washes through the App is accurate and complete.
2.4 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.
2.5 Upon purchase, you will need to choose your Saver package. Please note that the prepaid washes are sold in bundles and there may be a larger discount available for more washes purchased.
2.6 We can cancel your Saver washes at any time if we suspect that you are misusing your account by allowing other vehicles or persons to use the Services.
- Provision of the Services
3.1 The Services will only be available at the Site you have selected upon pre-purchasing your washes.
3.2 Saver Washes are personal to you and are only valid for your Nominated Vehicle, the registration number of which you shall provide to us upon your registration for your washes.
3.3 Amendments to your Nominated Vehicle and registered email address are restricted to four amendments per year.
3.4 Upon purchase, you will be provided with a QR code (“QR Code”), which will enable us to recognise the Nominated Vehicle and the services that you have bought through our prepaid washes service.
3.5 The QR Codes shall remain valid until all prepaid washes have been used or until 3 months after purchase, whichever occurs first.
3.6 You must present the QR Code in order to receive the Services on every visit to the Site.
4.1 In order to access the Services you must choose a car wash site from the list of participating sites on the app. The number of washes and wash programme level. You will then purchase these in advance and full payment must be made.
4.2 Once Saver washes have been used, payment for those washes is not be refundable.
- Promotional Offers
5.1 The QR Code cannot be used in conjunction with any other offer.
5.2 For new customers, we may, from time to time, issue promotional offers of reduced Saver offers. These offers will not be valid for any washes that have already been purchased.
- Cancellation of the Services
6.1 We may, at our discretion, cancel your Saver washes (immediately and without notice) if you:
(a) fail to meet the eligibility criteria set out in condition 2.1 or 2.2
(b) are, or are suspected by us of being, guilty of any abusive behaviour (whether actual or threatened) towards our equipment or any of our operators or their employees wherever they are located;
(c) are, or are suspected by us of being, guilty of making payments for the provision of the Services via the App which are fraudulent or unauthorised by the card or account holder; or
(d) are, or are suspected of, breaching these Terms or providing false information.
6.2 If you are contracting with us as a consumer, you may decide to cancel your purchase within 14 days of the date of first purchase 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 purchase made. It is important to note that this right to a full refund will only apply where you have not used the vouchers during the initial 14-day period. If you have used any of the purchased vouchers, you will only receive a refund for any vouchers you have not used during that period. You may use the model cancellation form attached at the end of these Terms in order to cancel, but it is not obligatory.
- 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 Site affected may be interrupted.
7.2 We cannot guarantee that our machinery and equipment will be fully operational at all times and so Services at the Site may be suspended from time to time.
7.3 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).
- Health and Safety
8.1 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 the Site.
8.2 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 an operator at the Site as soon as possible and an incident report form must be completed.
- How We May Use Your Personal Information
9.1 The information you provide to us during the registration process will be used in the following ways:
(a) to enable us to provide you with access to the Site 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 Site 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 process the payment of the Saver washes. Adelante’s use of this information is governed by their privacy policies.
9.2 We may also collect certain information about your visits to our 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.
9.3 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.
9.4 Except as set out in this condition 9, 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.
9.5 You may update your information at any time on the App, subject to restrictions on the amendment of the Nominated Vehicle and email address as set out in condition 3.3.
9.6 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.
10.1 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, and for fraud or fraudulent misrepresentation.
10.2 We are not responsible if you lose your password or account ID as a result of a breakdown, error, loss of power or otherwise caused by or to your computer system or phone.
10.3 If we fail to comply with these Terms, 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.
10.4 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.
10.5 We shall not be 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, except where caused by our negligence.
- How to Contact Us
11.1 You can contact us by telephoning our customer service team at 01494 897410 or by writing to us at customer-services@imo-Carwash.co.uk or Customer Services, ICWG , 35-37 Amersham Hill, HP13 6NU.
11.2 If we need to contact you, we will do so by telephone or by writing to you at the email 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 resolved on-Site, please send us details of the dispute and your current contact information, either by email to email@example.com or by Recorded Delivery to the address listed on our website. We will aim to respond to such letters within 5 working days. 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/.
13.1 We will notify you of changes to these Terms in writing to the email address that you have provided upon your registration. Such notice shall include the actual date that the proposed changes to the Terms are to come into force.
13.2 In the event that you do not agree to our revisions to these Terms you have the right to cancel your pre-paid washes with us by contacting customer services on firstname.lastname@example.org. You will be entitled to receive a refund of any Saver washes that have not been used. Your continued use of the Services following any revision to these Terms will demonstrate your full acceptance of any and all such changes.
13.4 If a court decides that any part of these Terms is 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 prevent later enforcement of that term or enforcement of any other provision of these Terms.
13.5 You may not transfer any benefit or obligations under these Terms without obtaining our consent written first. Nobody else has any rights under these Terms.
13.6 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.
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