The mandated terms and conditions (the ‘Agreement’) is a legal constitution that binds you and GoWash.Me (the ‘Company’). You can make use of the Service, after agreeing to the ‘terms and conditions’. If you use or receive any kind of service from the Company, and download, install or use associated software that the Company supplies, through which, you’re able to make use of the Service (the ‘Software’); you’re bound by the Agreement’s terms and conditions. By using ‘Services’ supplied by the ‘Company’, you declare your agreement and acknowledgement towards the acceptance of the ‘Agreement’, as well as, additions and amendments made in the terms and conditions – published on a regular basis at http://gowash.me/ or via the Service.
The Company has the complete right to make modifications and alteration of Agreement’s terms and conditions or relevant Software or Service policies as per its convenient schedule, effective once the updated version is published online. It is your sole responsibility to review the updated Agreement on a regular basis. If you continue to use the Software or Service, you will be expressing your acceptance of the updated Agreement.
THE COMPANY IS NOT A CARWASH SERVICE PROVIDER. THE THIRD PARTY PROVIDER OFFERS CARWASH SERVICES, WHICH COMMENCE AFTER A SCHEDULE IS FIXED VIA THE USE OF THE COMPANY SERVICE OR SOFTWARE. METHODS AND INFORMATION IS OFFERED BY THE COMPANY FOR GETTING ACCESSIBILITY TO SUCH TYPES OF THIRD PARTY CARWASH SERVICES. HOWEVER, THE COMPANY DOES NOT HAVE ANY INTENTION TO OFFER CARWASH SERVICES OR TAKE UP THE ROLE OF A CARWASH PROVIDER. THE COMPANY IS ALSO NOT LIABLE OR RESPONSIBLE TO ANY TYPE OF CARWASH SERVICE OFFERED BY THIRD PARTIES TO YOU.
Representations & Warranties
With the use of the Services or Software, you at your own will warrant and represent to acknowledge the Agreement. If you are a resident within jurisdiction that holds restrictions towards the use of Company Services, due to age, you are duty bound to abide by the age limits and forego the Service and Software use. The Software and Service is not accessible by children (individuals below the age of 18). You warrant and represent that you are of the legal age (18 years of age and above), when you use the Services or Software. Through the use of Services or Software, you warrant and represent your right, capacity and authority to abide by the Agreement’s terms and conditions and enter the same. Participating towards the use of the Software and/or Services proves it is for your personal use only. You don’t have the right to authorize other users to use the status on your behalf. You also don’t have the right to assign or transfer user account that entitles you to any other entity or person. When using the Service or Software, you acknowledge and agree to abide by all the applicable laws, as per the country, state and city you represent whole using the Service or Software.
You have accessibility to Services through authorized methods. It is your sole responsibility to thoroughly check and ensure that the correct Software is downloaded for your specific device. It is not the liability of the Company to ensure you have a compatible device or whether or not you are downloading the wrong Software version for your device. The Company has the right to terminate and make the Agreement null and void, if you make use of the Software or Service with an unauthorized or incompatible device.
Via the use of the Services or Software, you express your acknowledgment to the fact that:
License Grant & Restrictions
You’re hereby granted by the Company with a non-transferable and non-exclusive right towards the use of the Service and Software, for non-commercial and sole personal purposes, issued on the basis of the Agreement’s terms and conditions. The Company and licensors reserve right to those that are not granted to you.
You are in no way authorized to
You’re allowed to use the Service and Software for non-commercial and personal purposes only, but not allowed to – (i) send spam or unsolicited or duplicate messages that violate the law; (ii) store or send infringing, threatening, obscene, unlawful or libelous or tortious materials, inclusive of those that are harmful to children and/or violate the privacy rights of third parties; (iii) store or send materials that contain software worms, viruses, Trojan horses or entities that will harm files, computer codes, programs or agents; (iv) disrupt or interfere with the performance or integrity of the Service or Software or the contained data; (v) attempt to gain illegal authority to Service or Software or networks or systems relevant to it.
Payment Terms
Fees of any type chargeable by the Company in context to the Service or Software are instantly due and not refundable. The ‘no refund’ policy is applicable all the time, irrespective of your decision of terminating the usage, termination of usage due to our decision, damages causes to our Service or Software either accidental, planned, intention or any other reason. The Company has the sole right to concluding the final pricing – NOTE: Information of pricing available on the website might not be the reflection of the regular pricing.
The Company can offer promotional deals with various rates and features to any of its customers, according to its sole discretion. The promotion offers in question, will not have any bearing on your contract or offer, unless made to you by the Company. The Company also has the right to make changes in fee structure of Software or Service as per business requirements. Therefore, we urge you to check the website frequently, in order to learn how we charge or set pricing for the Software or Service.
Ownership of Intellectual Property
The sole Company (as well as, its applicable licensors) shall acquire ownership of all right, interest and title, inclusive of those rights relevant to intellectual property, in and to the Service and Software and any ideas, suggestions, feedback, requests for enhancements, recommendations or information you provide or party related to the Service or Software provides. This Agreement is not saleable and doesn’t confirm ownership rights of any kind related or in to the Service or Software or rights to intellectual property within the ownership of the Company. The name, logo and product names of the Company that in association with the Service and Software are sole Company trademarks or third parties and no license or right is granted for using them.
Third Party Interactions
While using the Service and Software, you might have the authority to communicate with, or participate in promotions, purchase services and/or goods of third party service providers, sponsors or advertisers showing their services and/or goods via the Service or Software. Any terms, conditions, activity, representations or warranties in association with such activity, will completely be between the concerning third party and you. The Company and its respective licensors will not be liable, responsible or obligated for any such type of purchase, communication, promotion or transaction between the third party in question and you. The Company doesn’t make an endorsement of any sites online that are linked via the Software or Service.
The Company or its licensors, in no event whatsoever, will also be liable for products, content, services or materials available from the third party providers or online through such sites. The Service and Software is provided by the Company after you oblige by the terms and conditions of the Agreement. However, you should be aware of the fact that few third party providers of services or goods might require your endorsement to various terms and conditions before giving you the authority to make use of or gain accessibility to the services or goods. In this case, the Company holds the right to disclaim all or any responsibility, liability etc. that emerges from agreements made between the third party providers and you.
The Company might have to depend on advertising and marketing aspects from third party supplied via the Service or Software and various mechanisms for subsidizing the Service or Software. Once you agree to these terms and conditions, you give permission to receive marketing and advertising. If in no condition, you don’t wish to receive the same, you need to send a written notification. The Company also reserves the respective right to charging higher Software or Service fee, if you happen to opt for not receiving the advertising and marketing services. The concerning higher fee will be published on the website of the Company.
Indemnification
Once you enter the Agreement and use the Service or Software, you in the process, agree to indemnify, defend, as well as, hold the Company, along with its licensors and parent organizations, officers, subsidiaries, affiliates, directors, employees, members, agents and attorneys of each party against any and harmless from costs, claims, losses, damages, expenses and liabilities, inclusive of fees and costs of attorneys, from connection with or out of: (a) your breach or violation of Agreement’s term or regulation or applicable law, irrespective of its reference; (b) if you violate rights of third party, inclusive of carwash services of providers through the Software or Service, or (c) misuse or use of Service or Software.
Warranty Disclaimer
NO WARRANTY, REPRESENTATION, OR GUARANTEE IS MADE BY THE COMPANY IN CONNECTION TO THE TIMELINESS, RELIABILITY, SUITABILITY, QUALITY, ACCURACY, COMPLETENESS OR AVAILABILITY OF SOFTWARE OR SERVICE. NO WARRANT OR REPRESENTATION IS MADE BY THE COMPANY FOR (A) SOFTWARE OR SERVICE USE WILL BE TIMELY, SECURE, ERROR-FREE, UNINTERRUPTED OR OPPERATE COMBININIG ANY OTHER SOFTWARE, HARDWARE, DATA OR SYSTEM, (B) SOFTWARE OR SERVICE WILL SUFFICE EXPECTIONS OR REQUIREMENTS, (C) RELIABILITY OR ACCURACY OF ANY KIND OF STORED DATA, (D) SERVICES, PRODUCTS, INFORMATION ETC’S QUALITY OBTAINED OR PURCHASED BY YOU VIA THE SERVICE WILL SUFFICE YOUR EXPECTATIONS OR REQUIREMENTS, (E) SOFTWARE OR SERVICE DEFFECTS OR ERRORS WILL BE CORRECTED, OR (F) THE SERVER OR SERVICE(S) MAKING THE AVAILABILITY OF SERVICE FREE FROM HARMFUL COMPONENTS, LIKE, VIRUSES. THE SOFTWARE AND SERVICE IS STRICTLY AVAILABLE ON THE BASIS OF ‘AS IS’.
ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER IMPLIED, EXPRESSED OR STATUTORY, INCLUSIVE OF ANY IMPLICATION, ABSENCE OF LIMITATION OF FITNESS AND MERCHANTABILITY FOR NON-INFRINGEMENT OR SPECIFIC PURPOSE OF RIGHTS OF THIRD PARTY, ARE UNDER DISCLAIMER STATUS TO THE HIGHEST LEVEL OF PERMISSION THAT IS APPLICABLE BY THE LAW. THE COMPANY ALSO DOES NOT WARRANTY, REPRESENT OR GUARANTEE THE SAFETY, RELIABILITY, QUALITY, TIMELINESS, AVAILABILITY OR SUITABILITY OF SERVICES, GOODS, OR PRODUCTS ACQUIRED BY THIRD PARTIES VIA THE SOFTWARE OR SERVICE USE. YOU OBLIGE BY THE COMPLETE RISK EXPECTED TO EMERGE FROM THE SOFTWARE AND SERVICE USE AND THIRD PARTY PRODUCTS OR SERVICES COMPLETE STAY WITHIN YOUR OWNERSHIP, AS PER THE LAWS OF PERMISSION.
Internet Delays
THE SOFTWARE AND SERVICE OF THE COMPANY MIGHT BE SUBJECTED TO DELAYS, LIMITATIONS AND ISSUES CAUSED BECAUSE OF INTERNET USAGE AND DUE TO DIFFERENT OTHER ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT LIABLE FOR DELIVERY FAILURES, DELAYS OR DAMAGES OF ANY KIND, CAUSED BECAUSE OF THESE ISSUES.
Limitation of Liability
THE COMPANY AND ITS AGGREGATE LIABILITY, IN NO CONDITION OR EVENT SHALL EXCEED THE PAYABLE AMOUNT BY YOU WITHIN A PERIOD OF SIX (6) MONTHS, PRIOR TO THE EVENT BRINGING FORTH SUCH A CLAIM. THE COMPANY OR/AND ITS LICENSORS, IN NO EVENT WHATSOEVER WILL BE LIABLE OR RESPONSIBLE TO ANYONE FOR PUNITIVE, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCENTAL OR DIFFERENT OTHER DAMAGES, INCLUSIVE OF DATA LOSS, PERSONAL INJURIES, PROFITS, REVENUE, ECONOMIC ADVANTAGE ETC. THE LICENSORS AND THE COMPANY WILL ALSO NOT BE RESPONSIBLE FOR INJURY, DAMAGE OR LOSS EXPERIENCED BY YOU, INCLUSIVE OF BUT NOT LIMITED TO DAMAGE, LOSS OR INJURY OCCURING BECAUSE OF OUR SOFTWARE OR SERVICE CONNECTION.
THE COMPANY HAS THE AUTHORITY TO INTRODUCE THIRD PARTY TO TOU CONCERNING CARWASH SERVICES. WE WILL NOT BE LIABLE TO MAKE ASSESSMENT AND ANALYSIS OF LEGALITY, SUITABILITY, AND ABILITY ETC OF A THIRD PARTY CARWASH PROVIDER. YOU ALSO NEED TO RELEASE AND WAIVE THE COMPANY FROM SUCH CLAIMS IN CONNECTION WITH THE THIRD PARTY PROVIDER. THE COMPANY WILL NOT BE A PART OF ANY NEGOTIATION; DISPUTE ETC BETWEEN YOU AND THE CONCERNING THIRD PARTY. THE COMPANY WILL NOT BE A PART OF PAYMENT MANAGEMENT THAT BETWEEN THE THIRD PARTY AND YOU. DECISION MAKING CONCERNING THE SERVICES PROVIDED THROUGH THE SERVICE OR SOFTWARE LIES WITH YOU COMPLETELY.
CARWASH SERVICE QUALITY SCHEDULED VIA THE SOFTWARE OR SERVICE USE IS COMPLETELY THE THIRD PARTY PROVIDER’S RESPONSIBILITY. THEREFORE, YOU SHOULD COMPLETELY COMPREHEND THAT BY USING THE SERVICE AND SOFTWARE, YOU MIGHT BE EXPOSED TO POTENTIALLY DANGEROUS CARWASH, OR ONE THAT IS HARMFUL OR OFFENSIVE TO MINORS, OBJECTIONABLE OR UNSAFE. YOU SHOULD ALSO UNDERSTAND THE FACT THAT USING OF SERVICE AND SOFTWARE SHOULD BE SOLE IN YOUR OWN RISK.
Notice
The Company can notify you via general notices through emails to your recorded email address or pre-paid post or mail to your address recorded in the account information of the Company. The notice will come with 48 hour’s expiration after posting or mailing or 12 hours after emailing to you. You can also give the Company to the notice-but it will be considered only if the Company receives or deemed to receive it – at any given time – through letter under the confirmation of a duplicate copy that to the Company via fax, telephone or email.
Assignment
You cannot assign the Agreement without giving prior written approval that to the Company but it might be assigned by the Company without your consent to (a) a subsidiary or parent, (b) assets’ acquirer or (c) a merger’s successor. This section’s alleged Agreement in violation shall be open to nullification.
General
The Software, Service or Agreement is subjected to Provincial and Federal Courts’ exclusive jurisdiction, especially ones that are located in the City, Ontario and Toronto. There will not be any existence of employment, partnership, agency relationship or no joint venture between the Company, you or any third party provide due to the Agreement or Software or Service usage. Terms and conditions of Agreement are considered unenforceable or invalid, for example, enforcement of provisions within the law. If the Company fails to make any right or provision enforcement in this Agreement, it will not be a part of the waiver unless and until agreed or authenticated by the Company via a written document. The Agreement covers the complete agreement between the Company and you. It also replaces coexisting discussions, negotiations or agreements, oral or written relevant to the subject matter and between parties.
