Terms and conditions

INTRODUCTION

Company: GOWASHMYCAR LTD (“Company”) is a company registered in England and Wales with registered company number 09179506. The registered office is at 44 Elvaston Place, London, SW7 5NP.

Service: The Company provides a platform for you to communicate your order ("Order") for a car wash ("Service") to car wash operators ("Operators") posted on the Website ("Platform").

The Company does not provide Car Wash Services and the Company is not a car wash operator. It is up to the 3rd party Operators to offer Car Wash Services which may be scheduled through the use of the Website or Service. The Company offers information and a method to obtain such 3rd party Car Wash Services, but does not provide Car Wash Services or act in any way as a Car Wash Service provider, and has no responsibility or liability for any Car Wash Services provided to you by 3rd party Operators. In the event that you have a dispute with one or more Operators, you release GOWASHMYCAR LTD (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Your use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and Conditions and Privacy Policy and your representation that you are at least 18 years of age and are legally capable of entering into binding contracts.

COMPANY WEBSITE

Terms: By accessing any part of the Platform, you indicate that you accept these Platform Terms.

Amendment of terms: The Platform Terms are subject to change at any time, and effective upon posting on the Platform. It is advised you check back regularly in the case of any amendments.

Website access: You may access some areas of the Website without making an Order or registering your details with us. Most areas of the Website are open to everyone.

Responsibility: You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.

Website availability: While we try to ensure the Website is normally available twenty four hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Website is unavailable at any time or for any period.

Information security: The transmission of information via the internet is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

GOVERNING LAW AND JURISDICTION

These Website Terms shall be governed by and construed in accordance with English law. Disputes or claims arising in connection with these Website Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.

PLACING AN ORDER

Order Posting: Enter your vehicle location using the geo-locater and pinpoint it with the tag. Enter the details of your vehicle and select your Service requirements. Once complete you can click on the NEXT button to proceed to payment. It is important you check that all your details are correct as once payment has been made there is no guarantee that the order can be amended or cancelled.

Order Amendment and Cancellation: Once you have submitted your Order and your payment has been authorised, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact the Operator whose details are in the Service confirmation email you will receive. However, there is no guarantee that the Operator will agree to your requests as they may have already started processing your Order.

Order Processing and Rejections: Once you have posted your Order on the Platform, it will be open to review by the relevant Operators and who will notify you by email that your Order has been accepted and the details of the relevant Operator. Please note that confirmation of acceptance of your order is only confirmed once you receive the specific email notification from the Operator.

Service Delivery and Timings: Estimated times for operator arrival and Service completion may be provided by the Operators and are only estimates. Neither we nor the Operators guarantee that Orders will be completed within the estimated times.

Operator Terms and Conditions: By placing an Order and having it accepted by an Operator you are entering into an agreement between yourself and the Operator company that accepted the order. They are listed below:

OPERATOR COMPANIES:

Carcarelm
http://www.carcarelm.co.uk/

Loyalty Car Wash
http://loyaltycarwash.co.uk

Mr.Sponge
http://www.mrsponge.co.uk

Dial-a-detail
http://www.dial-a-detail.co.uk/

Say No 2 H2O
http://www.no2h2o.co.uk/

In the case of any issue arising due to the Product, recourse is between the Customer and the Operator company. GOWASHMYCAR is not responsible for the quality of the Product and merely acts as an intermediary between the Customer and the Operator.

PAYMENT:

Payment The Company uses an internationally recognized company called Stripe to process all payments. Payment for Orders must be made by an accepted credit or debit card through the Platform.

Card payments: Please note that from time to time there may be delays with the processing of card payments and transactions; this may result in payments taking up to (60) days to be deducted from your bank account or charged to your credit or debit card. All card payments are made directly to the Operator who provides the service and at no stage is payment made by the customer to GOWASHMYCAR LTD.

Cancelled Orders: Due to standard banking procedures, once you have submitted an Order that you are paying for by credit or debit card and your payment has been authorised, your bank or card issuer will "ring-fence" the full amount of your Order. A cancellation of an order does not guarantee funds will be released back to your account immediately. You acknowledge and agree that neither we nor the relevant Operator will be responsible or liable to you in relation to a delay by your bank or card issuer in the release of funds back into your account.

ORDER MAINTENANCE AND CUSTOMER FEEDBACK

General: We welcome any feedback and want to help our customers. In the case of any questions or problems, please send us an email to the address listed at the bottom of the page. In the event that you are dissatisfied with the quality of any Products or the Service provided by an Operator, please consider providing feedback by emailing us. The feedback is important part of our quality control and helps us to improve.

Order delays or questions: If your Order is taking longer than expected or you have any other problems with your Order, we recommend you contact the Operator first but failing that please call us or send an email to let us know.

Changing or cancelling your Order: If you wish to change or cancel your Order after it has been submitted and payment has been authorised, you may contact the Operator in order to communicate your requests. However, there is no guarantee that the Operator will agree to your requests as they may have already started processing your Order.

Compensation: If you are dissatisfied with the quality of the Service provided by an Operator and wish to seek a refund, you should contact the Operator directly to lodge your complaint and, where appropriate, follow the Operator’s own complaint procedures. If you are unable to contact the Operator, or the Operator refuses to deal with your complaint, you can contact GOWASHMYCAR.COM to provide the feedback within 48 hours of placing your Order and we will endeavor to resolve your issue. Please note that we have no control over Operators and the quality of the Products or service that they provide. GOWASHMYCAR does encourage operators to use high quality products and employ proper car wash technique to ensure a premium service. Under this premise, GOWASHMYCAR bears no responsibility or liability for providing, any compensation to you on behalf of any Operator.

PLATFORM TERMS OF PERMITTED USE

You are permitted to use the Platform for your own personal non-commercial use on the following basis:

  • You must not misuse the Website by or attempt to hack it in any way
  • The copyright and other intellectual property rights (such as text, graphics, data, graphics, HTML, videos, images and other content) in the Platform and in material published on it are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. Any use of such material from the Website is prohibited unless with prior consent.
  • In order to use any of the materials on the Website or the Website itself for commercial purposes, you will require a licence from us.
  • You must not modify the digital or paper copies of any materials that you print off and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from any accompanying text.
  • In the case of any use, our status as the author of the material should always be acknowledged.

Reservation of rights: Any rights not expressly granted in these Website Terms are reserved.

PLATFORM AND OPERATOR REVIEWS

General:

  • Any reviews or information you post, upload or transmit or upload to the Website will be considered non-confidential and non-proprietary. By posting, uploading or transmitting any Visitor Data, you represent and warrant that you own or otherwise control all of the rights to such Visitor Data. You agree that we will have no obligations with respect to any Visitor Data, and that we and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use any Visitor Material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.
  • You represent and warrant that that any Visitor Data you post, upload or transmit does not and will not breach any of the restrictions listed below.

Visitor Data Policy: You are prohibited from posting, uploading or transmitting to or from the Website any Visitor Material (including any Reviews) that:

  • breaches any applicable local, national or international law;
  • is unlawful or fraudulent;
  • amounts to unauthorised advertising; or
  • contains viruses or any other harmful programs.

Reviews Policy: In particular (but without limitation), any Reviews that you submit through the Website must not:

  • contain any offensive , or defamatory material;
  • infringe the intellectual property rights of another person;
  • breach any legal duty owed to a third party;
  • give the impression that they originate from us; or
  • promote discrimination, illegal activity or violence;
  • be used to misrepresent yourself or attempt to impersonate another person.

Removal of Reviews: We reserve the right and have the sole discretion to remove or edit at any time any Reviews or other Visitor Material posted, uploaded or transmitted to the Website that we determine breaches a prohibition or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any other reason.

Liability: You agree to indemnify us against any losses, damages and claims (and all related costs) incurred by or made against us by an Operator or any other third party arising out of or in connection with any Reviews or other Visitor Data that you provide in breach of any of the representations and warranties, agreements or restrictions set forth in this paragraph.

Disclosure to authorities and courts: You acknowledge that we will fully co-operate with any competent authority requesting or directing us to disclose the identity or location of anyone posting any Reviews or other Visitor Material in breach. Furthermore you release us to the fullest extent permitted by law from all liability in relation to such disclosure.

3RD PARTY WEBSITES AND LINKING

Linking permission: In order to link to the Website (www.gowashmycar.com), you need to ensure:

  • You do not damage or take advantage of our reputation by creating the link;
  • you do not create an association or endorsement with the linking site where none exists;
  • any website from which you link must comply with the content standards set out in these Website Terms;
  • we have the right to withdraw linking permission at any time and for any reason.

Third party websites: Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed and do not control any of these third party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

DISCLAIMERS OF WARRANTIES

Website information: We try to ensure all information on the site is accurate and relevant however we offer no guarantee of this accuracy, relevance or completeness. We reserve the right to make changes without notice.

Operator actions: The legal contract for the supply and purchase of a Service is between you and the Operator that you place your Order with. We have no control over the actions or omissions of any Operators. You acknowledge and accept the following by using the Website:

  • We do not give any undertaking that the Service provided by any Operator through the Platform will be of satisfactory quality or suitable for your purpose and we disclaim any such warranties.
  • Estimated times for arrivals are provided by the Operator and are only estimates. Neither we nor the Operators guarantee that Orders will be completed within the estimated times.
  • Although our Operators are held to a high quality standard, we cannot be held liable for any damage suffered by the vehicle or object being washed, losses or consequential damages as a result of the Operators actions. Any recourse as a result of damage should be pursued with the Operator company that provided the particular service.
  • We encourage all our Operators to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if an Operator rejects your Order. However, we do not guarantee that Operators will accept all Orders, and Operators have the discretion to reject Orders at any time because they are too busy, due to weather conditions or for any other reason.
  • The foregoing disclaimers do not affect your statutory rights against any Operator.

Exclusion of terms: We provide you with access to the Platform and Service on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website or Service, or be otherwise implied or incorporated into these Website Terms, by statute, common law or otherwise).

LIABILITY

General: Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from our negligence, our liability for fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.

Exclusion of liability: We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with the Service or the Website (including the use, inability to use or the results of use of the Service or the Website) for:

  • any loss of profits, sales, business, or revenue;
  • loss or corruption of data, information or software;
  • loss of business opportunity;
  • loss of anticipated savings;
  • loss of goodwill; or
  • any indirect or consequential loss.

Limitation of liability: Subject to clauses mentioned above, our total liability to you in respect of all other losses arising under or in connection with the Service or the Website, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £20.

Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Website, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

TERMINATION

Grounds for termination: We may terminate or suspend (at our absolute discretion) your right to use the Platform and the Service immediately by notifying you in writing (including by email) if we believe in our sole discretion that:

  • you have used the Website in breach of our permitted terms of use
  • you have posted Reviews or other Visitor Material in breach Visitor Material Policy;
  • you have breached any other material terms of these Website Terms.

Obligations upon termination: Upon termination or suspension you must immediately destroy any downloaded or printed extracts from the Website.

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or ordering Products via the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

ADDITIONAL TERMS

Privacy Policy: We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. You should review our Privacy Policy.

Other terms: You should also review our Cookies Policy for information regarding how and why we use cookies to improve the quality of the Website and Service.

Severability: If any of these Website Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Website Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

No waiver: TAny failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.

Assignment: You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

Headings: The headings in these Website Terms are included for convenience only and shall not affect their interpretation.