PLEASE READ THESE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 15 “OUR LIABILITY TO YOU” & CLAUSE 16 YOUR LIABILITY TO US.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP AND DO NOT REGISTER AS A USER.
1. WHO WE ARE
We are Ibrahim Hamid trading as Washpal of 50 Wordsworth Road, Plymouth, Devon, PL2 2JE (referred to as “Washpal”/“We” or “Us” in these Terms).
2. These terms
2.1 These are the terms and conditions on which we supply to you our Services and licence you to use our App.
2.2 Please read these terms carefully before you use our Services and/or our App. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
2.3 The following words have the following meaning when we use them in these terms, in the App and in the provision of our Services:
The Washpal mobile application through which you access our Services.
Car Wash Booking(s)
A booking for a car wash with a Car Wash Operator made through the App.
Car Wash Fee
The fee payable for the Car Wash Services set by the relevant Car Wash Operator.
Car Wash Operator
Third parties offering car washing services through the App.
Car Wash Services
Car wash services and any other ancillary services provided by Car Wash Operators.
Individuals who use the App to make Car Wash Bookings.
The fee payable by the Car Wash Operator to Washpal being 4% of the total Car Wash Fee which will be retained by Washpal when it receives payment from the Customer.
Providing a platform to allow Customers to book and pay for Car Wash Services through third party Car Wash Operators.
The total fee paid by the Customer for the Car Wash Services and the Services being the total of the Car Wash Fee and the Listing Fee.
Any person who downloads the App including Customers and Car Wash Operators.
3. Your privacy
3.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or Service may be read or intercepted by others, even if that particular transmission is encrypted.
4. Operating system requirements and app store terms
4.1 The App requires a mobile device with mobile data and GPS/A-GPS/GLONASS connectivity. Your mobile device may need to meet additional requirements as set out by us or the app stores from time to time. The minimum operating systems are Android (5.1 or higher) or Apple (iOS 9 or higher).
4.2 The ways in which you can use the App may also be controlled by the rules and policies of the relevant App Stores where you downloaded the App which you agree to in downloading and using the App.
5. Support & Contact
5.1 If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.washpal.co.uk/
5.2 If need to contact us, or you think the App or the Services are faulty or misdescribed please email our customer service team at . If you have any complaints about the Car Wash Service you have received please contact the Car Wash Operator direct.
5.3 If we have to contact you we will do so by delivering a message within the App, or by email or SMS, using the contact details you have provided to us.
6. How you may use the App & SERVICES
6.1 In return for you agreeing to comply with these terms, you may download a copy of the App onto your device(s) and view, use and display the App and the Service on such devices for your personal purposes only.
6.2 You must be aged 18 or older to accept these terms and/or to use the App and Services. You hereby warrant that by being a User you are 18 or older.
6.3 We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell or otherwise transfer any device on which the App is installed, you must remove the App from it.
6.4 If you download the App onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the other device.
6.5 The App is designed to be used so individuals can make Car Wash Booking(s) with Car Wash Operators listed on the App and make payment for the Car Wash Services provided by the chosen Car Wash Operator through the App. Customers pay the Total Fee through the App and Washpal receives the Car Wash Fee as disclosed agent for the Car Wash Operator. Washpal passes the Car Wash Fee onto the Car Wash Operator and retains the Listing Fee for the Services it provides in the provision of the App.
6.6 The App or any Service may contain links to Car Wash Operator websites or other independent websites which are not provided by us. Such sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
7. REGISTERING AS A USER
7.2 Acting in our sole discretion, we reserve the right to refuse to accept or decline your application to become a User of the Service and may revoke permission to access all or part of the Service at any time.
7.3 We accept no responsibility for the inaccuracy of User details as displayed in the App or provided by the Service.
7.4 We use Stripe to receive payments from Customers. By making or receiving payment within the App and/or by using the Service you agree to the Stripe terms (https://stripe.com/payment-terms/legal), as updated from time to time. We reserve the right to use other payment service providers of which we will notify you from time to time.
8. CAR WASH Operator SPECIFIC TERMS
This clause 8 applies to all Car Wash Operators:
8.1 All Car Wash Operators must provide a clear description on the App of the Car Wash Services they are offering to Customers including the Car Wash Fee.
8.2 By registering to make use of the Service through the App, the Car Wash Operator agrees to the Listing Fee which will be kept by Washpal before transferring the Car Wash Fee to the Car Wash Operator. The Listing Fee is exclusive of VAT and if VAT becomes payable Washpal will notify Car Wash Operators in advance of such change. The Car Wash Fees taken in a calendar month for that Car Wash Operator will be paid by Washpal to the Car Wash Operator at the end of the calendar month in which they are received.
8.3 Upon confirming a Car Wash Booking with a Customer through the App, the Car Wash Operator agrees that a formal contract has been entered into between the Car Wash Operator and the Customer for the provision of the Car Wash Services which have been booked on the basis of these terms and any additional terms provided by a Car Wash Operator which Washpal agrees to pass onto Customers. Washpal is acting as a disclosed agent by making the Car Wash Booking and receiving payment of the Car Wash Fee on behalf of the Car Wash Operator.
8.4 It is the responsibility of the Car Wash Operator to provide the Car Wash Services as booked and paid for by the Customer through the App, and the Car Wash Operator will provide a direct point of contact for the Customer upon the Car Wash Booking being confirmed.
8.5 The Car Wash Operator will be responsible for dealing with any cancellations made by Customers, including any associated cancellation fees. In the event that the Car Wash Operator has to cancel the Car Wash Services for any reason they must contact the Customer direct and either re-arrange the Car Wash Services or provide a full refund to the Customer of the Total Fee. Washpal will not refund the Car Wash Operator for the Listing Fee which the Car Wash Operator will be solely responsible for returning to the Customer.
8.6 The Car Wash Operator shall be solely responsible for any damage caused to the Customer’s vehicle, or any of the Customer’s property which goes missing during their use of the Car Wash Services.
8.7 The Car Wash Operator shall be solely responsible for dealing with any complaints raised in relation to the Car Wash Services that they offer through the App and shall indemnify Washpal in the event of any losses Washpal suffers as a result of any breach of these terms by the Car Wash Operator or any losses suffered by Washpal by the provision of the Car Wash Services to Customers (including any claims brought by Customers against Washpal).
8.8 Any Car Wash Operator found to be in breach of these terms will have their use of the App and its Service revoked immediately.
9. customer SPECIFIC TERMS
This clause 9 applies to all Customers where they make use of the App, its Service or any services offered by a Car Wash Operator through the App:
9.1 When a Customer makes a Car Wash Booking through the App, they are explicitly agreeing to these terms and any standard terms and conditions of the Car Wash Operator which apply to the Car Wash Services. The Customer should contact the Car Wash Operator in order to obtain a copy of their standard terms and conditions. Washpal accept no responsibility for providing such terms and conditions to the Customer.
9.2 When making a Car Wash Booking you must provide your full name, car registration number and a valid contact number and this information will be passed to the Car Wash Operator. You will also be required to provide an indication of the size, type and condition of your vehicle which must be accurate. Upon confirming a Car Wash Booking with a Car Wash Operator through the App, the Customer agrees that it is entering into a formal contract with the Car Wash Operator for the provision of the Car Wash Services which have been booked. The Customer agrees that Washpal is acting as a disclosed agent for the Car Wash Operator concluding the contract on behalf of the Car Wash Operator only and Washpal is in no way responsible for the Car Wash Services and is not a party to the contract for the provision of the Car Wash Services to be provided. Washpal is simply responsible for communicating that the Car Wash Booking has been made to the Car Wash Operator (such communication is made through the App) and taking payment of the Total Fee from the Customer.
9.3 By making a Car Wash Booking with a Car Wash Operator though the App, you are agreeing to pay the Total Fee which is payable upon confirming the Car Wash Booking through the App. VAT is not chargeable on the Total Fee. You may be entitled to change your mind and cancel the Booking and receive a full refund within 14 days after we email you to confirm we accept your Car Wash Booking. If applicable you must visit the Washpal website (https://www.washpal.co.uk/) and use the ‘Get in touch’ form to request a refund. However, once the Car Wash Operator has started the Car Wash Services you cannot change your mind.
9.4 In making the Car Wash Booking you agree to turn up at the Car Wash Operator’s premises in good time for your allotted appointment time for the Car Wash Services. If you are late or do not show up the Car Wash Operator cannot guarantee that they will be able to provide the Car Wash Services to you that day. If you are running late or no longer able to make the Car Wash Booking please contact the Car Wash Operator direct. When you arrive for your Car Wash Booking, the Car Wash Operator will assess your vehicle and confirm that is it the correct size class and in the condition stated when you made your Car Wash Booking. If there are any discrepancies the Car Wash Operator will discuss this with you directly. If an additional fee is due it will be added to your account for you to pay via the App.
9.5 In the event you need to re-arrange your Car Wash Booking, you will have 6 months from the date the original Car Wash Booking was made to re-arrange a new Car Wash Booking. In order to cancel a Car Wash Booking before the date of the Car Wash Booking the Customer must visit the Washpal website (https://www.washpal.co.uk/) and use the ‘Get in touch’ form to submit a refund request. If this needs to be cancelled or extended you can request a cancellation or contact the Car Wash Operator direct.
9.6 It is the Customer’s sole responsibility to ensure the Car Wash Services and facilities offered by the Car Wash Operator are suitable for their vehicle and their needs prior to making the Car Wash Booking through the App.
9.7 The Customer agrees to follow up any grievances or complaints with the Car Wash Operator directly through the contact information provided by the Car Wash Operator following confirmation of their Car Wash Booking and agrees and accepts that Washpal is not responsible for the provision of the Car Wash Services.
10. Changes to these terms
10.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2 We will give you notice of any change by notifying you of a change when you next start the App.
10.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
11. Update to the App and changes to the Service
11.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
11.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
12. We collect technical & LOCATION data
12.1 By using the App or the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide Services to you.
12.2 Our Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device, but this will prevent us from providing Services to you. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services.
13.1 You agree that you will not:
13.1.1 rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
13.1.2 copy the App, any documentation provided by Us or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
13.1.3 translate, merge, adapt, vary, alter or modify, the whole or any part of the App, any documentation provided by Us or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
13.1.4 disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things;
13.1.5 use the App or Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, Service or any operating system;
13.1.6 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or Service;
13.1.7 use the App or Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
13.1.8 collect or harvest any information or data from Service or our systems or attempt to decipher any transmissions to or from the servers running Service.
13.2 You agree that you will comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or Service.
14. Intellectual property rights
14.1 All intellectual property rights in the App and Services throughout the world belong to us (or our licensors) and the rights in the App and Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
14.2 Car Wash Operators Only: In agreeing to be listed on the App as a Car Wash Operator you agree to Washpal using your business name and any logo you provide us with in order to list you as a Car Wash Operator in the App and hereby grant us an irrevocable royalty free licence to do so for as long as you are listed in the App.
15. Our LIABILITY TO YOU
15.1 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 these terms 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 you accepted these terms, both we and you knew it might happen.
15.2 In accordance with clause 8.6, the liability for any damage to, or loss of property suffered by a Customer as a result of using the Car Wash Services rests solely with the Car Wash Operator. Washpal’s sole liability to Customers is to notify the Car Wash Operator of the Car Wash Booking and take payment of the Total Fee. Washpal is in no way responsible or liable for the Car Wash Services which are provided by the Car Wash Operator and accepts no liability for any act or omission of the Car Wash Operator. Washpal’s total liability to Customers shall in no circumstances exceed the Total Fee paid by the Customer for the relevant Car Wash Booking.
15.3 Washpal’s sole liability to Car Wash Operators is to notify them that a Car Wash Booking has been made (via the App) and take payment of the Total Fee. Washpal’s total liability to Car Wash Operators shall in no circumstances exceed the Total Fee payable by the Customer for the relevant Car Wash Booking.
15.4 If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15.5 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 or for fraud or fraudulent misrepresentation.
15.6 To the extent permitted by law, we are not liable to you in any way for any act or omissions whether by us, our employees, subcontractors, agents or other Users. This limitation applies regardless of whether a liability occurs in contract (by indemnity or otherwise), tort (including negligence), misrepresentation, or breach of statutory duty.
15.7 To the fullest extent permitted by law, we do not give any warranties or representations (either express or implied) regarding the access and use of the App or the Services or provision of the Services, including, but not limited to; (a) errors (b) defects (b) accuracy (c) adequacy (d) usefulness (e) reliability (f) operation (g) availability (h) security (i) viruses (j) offensive, threatening, defamatory, or unlawful content.
15.8 We are not liable for business losses. The App and Service is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.9 The App and the Services do not offer advice on which you should rely and Washpal does not assess the reliability or otherwise of Car Wash Operators or Customers before allowing them to use the App. Customers should make their own enquiries about the quality of the Car Wash Services before making a Car Wash Booking. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
15.10 The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.
15.11 If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for Services you have paid for but not received.
16. YOUR LIABILITY TO US
16.1 You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by us arising out of or in connection with any:
16.1.1 breach and/or enforcement of these terms;
16.1.2 claim arising from the provision of the Car Wash Services (including claims brought by Customers or Car Wash Operators);
16.2 This indemnity shall apply whether or not you have been negligent or at fault.
17. WHEN WE MAY END THE CONTRACT
17.1 We may cease or suspend providing you with access to the Services if we believe you have committed a breach of these terms.
17.2 We may end your rights to use the App and Services at any time by contacting you if you have breached these terms. If, in our opinion, what you have done can be put right we will give you a reasonable opportunity to do so.
18. TRANSFERRING this Agreement
18.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
18.2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
19. No rights for third parties
These terms do not give rise to any rights for third parties under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms save for the Car Wash Operator who may enforce these terms against Customers.
20.1 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20.2 Even if we delay in enforcing this contract, we can still enforce it later.
20.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts.