Terms of Sale
Last updated: October 1, 2025
TERMS OF SALE
Last Updated: October 1st, 2025
1. AGREEMENT TO TERMS
These Terms of Sale (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer,” “Client,” “you,” or “your”), and Quickwash Technologies, Inc., a New Jersey corporation (“Quickwash,” “Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our mobile car washing services and related technology platforms, including our mobile application (“App”) and website (collectively, the “Services”). By accessing or using the Services, creating an account, booking a car wash, or clicking to accept these Terms when this option is made available to you, you: (i) acknowledge that you have read and understand these Terms; (ii) represent that you are of legal age to enter into a binding agreement; and (iii) accept these Terms and agree that you are legally bound by them. If you do not agree to these Terms, you must not access or use our Services. Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference, including our Privacy Policy (see Section 14). Supplemental terms may apply to certain specific services, promotions, or features (“Supplemental Terms”). Such Supplemental Terms will be disclosed to you in connection with the applicable offering. Supplemental Terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable offering. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable offering. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms. It is your responsibility to periodically review these Terms, available on our Platform and App, to stay informed of updates. Modifications take effect as soon as they are posted to the Platform or App, delivered to you (e.g., via email or in-App notification if we choose to provide such additional notice for material changes), or otherwise reasonably made available to you in writing by Quickwash. Each time you order, access, or use any of the Services, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then-current Terms. However, no amendment will retroactively modify the parties’ agreed-to dispute resolution provisions (including any arbitration agreement in Section 25) of this Agreement for then-pending disputes for which a formal proceeding has been initiated, unless the parties expressly agree otherwise in writing. We recommend that you print a copy of these Terms for your records.
2. THE QUICKWASH SERVICES
2.1. Service Description Quickwash provides an on-demand technology platform that connects Customers seeking mobile car washing and detailing services with independent third-party service providers
(“Service Providers” or “Detailers”). Our professional Service Providers arrive at your specified location with all necessary equipment and supplies to complete the car wash services you book through the App. Quickwash offers standardized service offerings (e.g., “Maintenance package,” “Mini Detail,” “Full Detail,” which may be presented on the App under names that QuickWash deems fit such as but not limited to, “Quickwash,” “Quickwash Mini Detail,” or “Quickwash Full Detail”) and allows for the selection of add-on services. 2.2. Platform Nature & Role of Quickwash
YOU ACKNOWLEDGE THAT QUICKWASH DOES NOT PROVIDE CAR WASHING
OR DETAILING SERVICES ITSELF. QUICKWASH OPERATES A TECHNOLOGY
PLATFORM AND ACTS AS AN INTERMEDIARY TO ENABLE CONNECTIONS
BETWEEN CUSTOMERS AND INDEPENDENT SERVICE PROVIDERS. ALL CAR
WASHING AND DETAILING SERVICES ARE PROVIDED BY INDEPENDENT THIRD-
PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY, PARTNERED WITH, BUT
MIGHT BE AGENTS OF QUICKWASH THROUGH A FRANCHISE METHOD. Quickwash’s role is limited to: (i) facilitating the booking of services through the App; (ii) processing payments on behalf of Service Providers as their limited payment collection agent; (iii) providing customer support related to the use of the Platform; and (iv) setting forth certain quality standards for Service Providers’ use of the Platform. 2.3. Third-Party Service Providers (Independent Contractors)
(a) The car washing and detailing services booked via the Platform are performed by independent third-party Service Providers Or QuickWash Franchise Service Providers. These Service Providers typically operate under their own business names (e.g., “Mike’s Mobile Detailing”), and their services are “powered by Quickwash.” (b) Service Providers are, and shall at all times remain, independent contractors. They are not employees, partners, agents, or joint venturers. You understand and agree that Quickwash does not control the manner, method, or means by which Service Providers perform their services, beyond the general quality standards for participation on the Platform. Service Providers are solely responsible for determining the most effective, efficient, and safe manner to perform the services. (c) When a Service Provider is approaching for a scheduled service, the App may display the specific Service Provider’s name or business name.
(d) Client Acknowledgement of Independent Contractor Status and Liability: You expressly agree and understand that the Service Providers are independent contractors. Any damage to your vehicle or person, or any other loss or liability incurred, allegedly caused by or arising from the actions or omissions of a Service Provider in the course of providing their detailing services is solely the responsibility and liability of that Service Provider. Quickwash is not responsible or liable for such acts or omissions,
subject to the terms herein. (See Section 25 for Dispute Resolution regarding Service Providers). 2.4. Service Provider Insurance Service Providers are responsible for maintaining their own appropriate insurance coverage, including but not limited to general liability insurance and any other insurance required by applicable law for the services they offer. Quickwash does not independently verify, guarantee, or underwrite the insurance status or coverage adequacy of each Service Provider. Customers acknowledge that any insurance claims related to services performed or damages caused by a Service Provider must be pursued directly with the Service Provider and/or their insurance carrier. 2.5. Service Availability and Geographic Limitations Services are available in select geographic areas as indicated in our App. We reserve the right to modify, expand, or restrict our service areas at any time without prior notice. Service availability is not guaranteed in all locations or at all times. Quickwash will not be liable to you or to any third party for any modification, suspension, or discontinuance of service availability in your location.
3. YOUR USE OF THE SERVICES
3.1 User Account Requirements In order to use most aspects of the Services, including booking services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Quickwash certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Quickwash (e.g., credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Quickwash’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Quickwash in writing, you may only possess one Account. 3.2 User Representations By using the Services, you represent and warrant that:
(a) You have the legal capacity and you agree to comply with these Terms.
(b) You are at least 18 years of age or the age of legal majority in your jurisdiction. (c) You will not access the Services through automated or non-human means, whether through a bot, script, outside detailer, or otherwise, except as expressly permitted by Quickwash (e.g., via official API). (d) You will not use the Services for any illegal or unauthorized purpose. (e) Your use of the Services will not violate any applicable law or regulation. (f) All information you provide to Quickwash (including during Account registration and booking) is true, accurate, current, and complete. (g) Our vehicle to be serviced is, and will remain during the time of service, properly registered and insured in compliance with all applicable state and local laws, including maintaining valid automobile liability insurance covering the vehicle at the time of service. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Quickwash has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or that you have breached any representation or warranty herein (including regarding vehicle insurance), we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). 3.3 Customer Responsibilities In connection with your use of the Services, you agree to:
(a) Provide accurate and complete vehicle information (make, model, year, color, license plate) and precise location details when booking. (b) Ensure safe, legal, and unobstructed access for the Service Provider to your vehicle at the designated location and time. This includes obtaining any necessary permissions if the vehicle is on private property not owned by you. If access is denied by a property owner, this will be treated as a customer cancellation or no-show per the applicable cancellation policy.
(c) Remove all valuable personal items, large obstructing items, and any hazardous materials from your vehicle prior to the scheduled service time. Neither Quickwash nor Service Providers are responsible for lost, stolen, or damaged items left in the vehicle. (d) Disclose any special conditions, pre-existing damage, modifications, or aftermarket parts on your vehicle that might affect the car washing process or require special handling (e.g., recent paint job, loose parts, sensitive electronics, non-factory spoilers or wraps). Customers may note such conditions in the booking notes field. Before-and- after documentation is captured by Service Providers to protect all parties from liability claims.
(e) Be available or have a designated representative available (if required by specific service or location policy) at the start and completion of the service for any necessary consultation or inspection. (f) Comply with all applicable laws and regulations during the Service Provider’s presence and service performance. 3.4 Text Messaging By creating an Account and providing your mobile phone number, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. These messages may include, but are not limited to, those regarding booking confirmations, service updates, Service Provider arrival notifications, account verification, and important notices about your Account or the Services. You may opt-out of receiving promotional or marketing text (SMS) messages from Quickwash at any time by following the unsubscribe instructions provided in such messages or by adjusting your notification preferences in your Account settings on the App. You acknowledge that opting out of receiving essential informational text (SMS) messages (e.g., service updates, arrival notifications) may impact your use and experience of certain features of the Services. Standard messaging charges imposed by your mobile carrier may apply. 3.5 Promotional Codes Quickwash may, in its sole discretion, create promotional codes (“Promo Codes”) that may be redeemed for Account credit, discounts, or other features or benefits related to the Services and/or a Service Provider’s services, subject to any additional terms that Quickwash establishes on a per promotional code basis. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Quickwash; (iii) may be disabled by Quickwash at any time for any reason without liability to Quickwash; (iv) may only be used pursuant to the specific terms that Quickwash establishes for such Promo Code (e.g., expiration date, service eligibility, one-time use); (v) are not valid for cash and have no cash value; and (vi) may expire prior to your use. Quickwash reserves the right to establish or change the terms of Promo Codes at any time. Quickwash also reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Quickwash determines or reasonably believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
3.6 User-Provided Content Quickwash may, in its sole discretion, permit you from time to time to submit, upload, publish, or otherwise make available to Quickwash through the Services textual, audio, and/or visual content and information, including commentary, feedback, ratings, and reviews related to the Services and Service Providers, initiation of support requests, and submission of entries for competitions and promotions (“User Content”).
(a) Ownership and License: Any User Content provided by you remains your property. However, by providing User Content to Quickwash, you grant Quickwash a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Quickwash’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. (b) Representations and Warranties for User Content: You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents, and releases necessary to grant Quickwash the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor Quickwash’s use of the User Content as permitted herein will infringe, misappropriate, or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. (c) Prohibited User Content: You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, fraudulent, misleading, or otherwise offensive, as determined by Quickwash in its sole discretion, whether or not such material may be protected by law. (d) Monitoring and Removal: Quickwash may, but shall not be obligated to, review, monitor, or remove User Content, at Quickwash’s sole discretion and at any time and for any reason, without notice to you. 3.7 Network Access and Devices You are responsible for obtaining the data network access necessary to use the Services (App and website). Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device, and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices
necessary to access and use the Services and App and any updates thereto. Quickwash does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
4. BOOKING, SERVICE POLICIES, AND CANCELLATION
4.1 Booking Confirmation All bookings for car washing services must be requested and confirmed through our App or other authorized booking channels designated by Quickwash. You will receive a confirmation (e.g., via the App, email, or SMS) with your appointment details upon successful booking. This confirmation will typically include the service package selected, estimated price, scheduled time, and location. 4.2 On-Site Requirements & Service Policies
(a) Equipment and Supplies: Customers are not required to provide any equipment, water, or power for standard services. All necessary materials and supplies are provided by the Service Provider. (b) Vehicle Accessibility: Customers must ensure their vehicle is present and readily accessible (e.g., not blocked in, sufficient space around the vehicle for service) at the scheduled appointment time and location. (c) Grace Period: Customers have a 30-minute grace period from the scheduled appointment start time. The assigned Service Provider may depart if the vehicle is not available and accessible after this 30-minute grace period. In such cases, a cancellation fee or no-show fee may apply as per the policy disclosed at booking or in the App. (d) Service Duration: Our standard service packages require anywhere from 1 hour to 10 hours depending on the selected service. This timeframe is an estimate and may vary depending on the vehicle’s size, condition, and the specific package or add-ons selected. Service Providers may need to depart after the allocated time mentioned on the app to attend subsequent appointments. If additional time is required due to vehicle conditions not accurately represented at booking, additional charges may apply if agreed upon. Any such additional charges will be presented and processed through the App as an upcharge and must be accepted by the customer before work proceeds.
(e) Removal of Items: As stated in Section 3.3(c), large items and all valuable personal belongings should be removed from the vehicle prior to service. 4.3 Weather Policy
Services will generally not be provided by Service Providers under the following adverse weather conditions:
(a) Temperature below 32°F (0°C). (b) Temperature above 100°F (38°C) (may vary by region and Service Provider discretion for safety). (c) Active rain, heavy mist, or sleet. (d) Snowfall. (e) Thunder, lightning, or severe storm warnings.
If non-serviceable weather conditions arise at the service location or are imminent:
(f) A 30-minute grace period may be allowed to see if conditions improve sufficiently to perform the service safely and effectively. (g) If conditions do not improve, or if Quickwash or the Service Provider deems it unsafe or impractical to proceed, the appointment will be rescheduled. Quickwash will assist in coordinating this rescheduling at no additional charge to you for the weather-related cancellation. 4.4 Cancellation by Customer Through App and Sales Channel (a) You may cancel your scheduled appointment through the App. The specific cancellation policy, including any applicable fees for late cancellations (e.g., cancellations made less than 24 hours before the scheduled service time) or no-shows, will be displayed in the App at the time of booking and/or in your booking confirmation. By booking a service, you agree to these cancellation terms. (b) If you booked through our sales channel and not the app we will collect deposits of $25 for our “Maintenance” package. We will collect $50 deposit for our “Mini Detail” package. We will collect a $100 deposit for our “Full Detail” package. If you choose to reschedule in under 24 hours, there will be an associated “Reschedule Fee” that will be 50% of the deposit and that will go directly to the Detailer. Your deposit will be applied directly to the new rescheduled time and date. If service is cancelled, the deposit 4.5 Cancellation by Quickwash or Service Provider We or the assigned Service Provider reserve the right to cancel or reschedule services due to circumstances beyond our/the unreasonable control. These circumstances include, but are not limited to, those outlined in the Weather Policy (Section 4.3), Force Majeure events (Section 19), Service Provider unavailability (e.g., illness, emergency, declining a job), equipment failure, or safety concerns at the service location. In such cases, Quickwash will use reasonable efforts to notify you as soon as possible and to coordinate a replacement Service Provider or reschedule
the service at a mutually agreeable time. If a satisfactory reschedule is not possible for a pre-paid service cancelled by us or a Service Provider for these reasons, a refund may be issued as per Section 5.5.
5. PRICING, PAYMENT, AND REFUNDS
5.1 Pricing Current prices for our various service packages and add-ons are displayed in the App at the time of booking. Prices are subject to change at Quickwash’s discretion, but any confirmed bookings will be honored at the price quoted at the time of confirmation, unless there is an obvious error in pricing. All prices are listed in U.S. Dollars unless otherwise specified. 5.2 Payment Methods & Authorization
(a) Quickwash accepts all major debit and credit cards, and other payment methods as indicated in the App. We do not accept cash payments for any Services booked through the Platform. (b) By confirming your booking and providing your payment information, you authorize Quickwash to charge the full amount for the selected Services (including the price of the service package, any add-ons, applicable taxes, and any other disclosed fees) to your selected payment method at the time of booking. Quickwash acts as the limited payment collection agent for the Service Provider. Payment of the charges to Quickwash shall be considered the same as payment made directly by you to the Service Provider. (c) Charges paid by you are final and non-refundable, unless otherwise determined by Quickwash pursuant to these Terms (e.g., Section 5.5 Refund Policy, Section 6 Service Quality and Inspection). 5.3 Tipping Policy Gratuities for Service Providers are voluntary. You may have the option to provide a gratuity (tip) to the Service Provider through the payment features of the App after the service is completed, or you may provide a tip directly to the Service Provider in cash. Quickwash does not designate any portion of your payment for the base services as a tip or gratuity to the Service Provider unless explicitly stated as a feature within the Platform (e.g., an option to add a pre-set tip during checkout). 5.4 Technical Errors Affecting Bookings or Payments In the event of a suspected technical error on the Platform that affects your booking (e.g., incorrect service booked, incorrect price displayed due to a glitch) or payment (e.g., duplicate charges, failed transaction despite sufficient funds), please contact Quickwash support immediately through the channels provided in the App or at info@quickwashtech.com. Quickwash will investigate the reported error. If it is determined that a confirmed booking or
payment was erroneous due to a verifiable technical fault originating solely from the Quickwash Platform, Quickwash may, in its sole discretion, offer remedies such as a refund for amounts incorrectly charged, correction of the booking, assistance in re-booking the service, or other appropriate resolutions. Quickwash is not responsible for errors originating from your device, your internet connection, issues with your payment instrument (e.g., insufficient funds, expired card), or failures of third-party payment processors that are beyond Quickwash’s direct operational control of the Platform. Resolution may take up to 10 business days depending on the nature of the error and involvement of third-party payment processors. 5.5 Refund Policy
(a) Payment for services is collected at the time of booking through the App. (b) Refunds, if any, are subject to the cancellation policy applicable at the time of booking (see Section 4.4) and the specific circumstances of any service issue. (c) Generally, refunds are processed on a case-by-case basis at the discretion of Quickwash, particularly concerning disputes over service quality (see Section 6) or non-performance. (d) If a pre-paid service is cancelled by Quickwash or a Service Provider due to reasons such as those outlined in Section 4.5 (e.g., weather, provider unavailability) and cannot be satisfactorily rescheduled to your agreement, a full refund for the pre-paid amount for that specific service will typically be issued to your original payment method. (e) If a Force Majeure event (Section 19) prevents performance of a pre-paid service for more than 30 consecutive days and the booking is terminated, pre-paid services affected will be refunded or rescheduled at your option. (f) Any approved refunds will be processed by Quickwash within a reasonable timeframe, typically 5-10 business days, though the exact time for the funds to appear in your account may depend on your financial institution.
6. SERVICE QUALITY AND INSPECTION
6.1 Inspection of Services and Non-Conformity
(a) Client Inspection: You are encouraged to inspect the services performed by the Service Provider immediately upon completion, or as soon as reasonably possible thereafter, but in no event later than two (2) hours after the service completion time indicated in the App (the “Inspection Period”). (b) Reporting Non-Conformity: You will be deemed to have accepted the Services as satisfactory unless you notify Quickwash through the App’s designated support channels (or by email to info@quickwashtech.com if App support is unavailable) of any alleged material deficiencies or non-conformities in the service (“Nonconforming Services”) within the Inspection Period. Your notification must include a reasonably
detailed description of the alleged Nonconforming Services and, if possible and safe to do so, photographic evidence. “Nonconforming Services” means the service provided by the Service Provider is materially different than the service package identified in your Booking Confirmation or the quality of the wash is materially deficient from generally accepted professional standards for similar mobile car washing services, taking into account the initial condition of the vehicle as could be reasonably assessed by the Service Provider. (c) Resolution of Non-Conformity: If you timely notify Quickwash of any Nonconforming Services as per subsection (b), Quickwash may, in its sole discretion and as your exclusive remedy for such Nonconforming Services:
i. Facilitate communication between you and the original Service Provider to arrange for the Service Provider to re-perform the specific deficient aspects of the service at a mutually agreed time (subject to Service Provider availability and willingness); or
ii. Coordinate with a different Service Provider to address the specific
deficiencies, if feasible and agreed by Quickwash; or
iii. Issue a partial or full credit to your Quickwash Account, or a partial or full refund of the Price paid for the specific Nonconforming Services, to your original payment method. The amount of any credit or refund will be determined by Quickwash based on the nature and extent of the verified non-conformity. (d) Limitations: Quickwash and Service Providers are not responsible for pre- existing damage to your vehicle, damage not directly caused by the Service Provider’s performance of the booked services, or issues arising from your failure to disclose relevant vehicle conditions (Section 3.3(d)). Normal wear and tear, or minor imperfections inherent in a mobile, outdoor washing environment (where applicable) may not be considered Nonconforming Services. Resolution attempts are subject to reasonable cooperation from you, including providing access to the vehicle for inspection or re-service if requested.
7. INTELLECTUAL PROPERTY RIGHTS AND LICENSE
7.1 Our Intellectual Property We are the owner or the licensee of all intellectual property rights in our Platform and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services “AS IS” for your personal, non- commercial use or internal business purpose only.
7.2 License Subject to your compliance with these Terms, Quickwash grants you a limited, non- exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the App and Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Quickwash and Quickwash’s licensors. 7.3 Restrictions on Use Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Quickwash; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@quickwashtech.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
8. PLATFORM FUNCTIONALITY, DISCLAIMERS, AND ASSUMPTION OF RISK
8.1 Technology Platform Disclaimers (App Functionality, System Availability) Quickwash provides the Services (including the App and Platform) on an “as is” and “as available” basis. We do not guarantee that the Services will be uninterrupted, error-free, available at all times, or free of viruses or other harmful components. We reserve the right to modify, suspend, or discontinue the Services or any features thereof at any time without notice for maintenance, updates, or any other reason. Quickwash shall not be liable for any
modification, suspension, or discontinuance of the Services, nor for any loss or damage arising from your inability to access or use the Services. 8.2 Disclaimer for Services by Providers
ALL CAR WASHING AND DETAILING SERVICES ARE PROVIDED BY
INDEPENDENT THIRD-PARTY SERVICE PROVIDERS. QUICKWASH MAKES NO
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE
ACTUAL CAR WASHING OR DETAILING SERVICES PERFORMED BY SERVICE
PROVIDERS, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WORKMANSHIP,
EXCEPT TO THE EXTENT QUICKWASH FACILITATES RESOLUTION FOR
NONCONFORMING SERVICES AS DESCRIBED IN SECTION 6 AND UPHOLDS PLATFORM STANDARDS AS DESCRIBED IN SECTION 2.2. Service Providers are solely responsible for the quality, safety, and legality of their own work, subject to the standards for participation on the Quickwash Platform. 8.3 General Disclaimers
EXCEPT AS MAY BE EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS, THE
QUICKWASH PLATFORM, APP FUNCTIONALITY, AND ALL INFORMATION,
CONTENT, MATERIALS, AND SERVICES MADE AVAILABLE TO YOU THROUGH
THE PLATFORM ARE PROVIDED BY QUICKWASH ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUICKWASH MAKES NO OTHER REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THE PLATFORM OR APP, OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE
MADE AVAILABLE TO YOU THROUGH THE PLATFORM, UNLESS OTHERWISE
SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE
PLATFORM, APP, AND THE SERVICES FACILITATED THEREBY WILL BE AT YOUR
SOLE RISK. QUICKWASH DOES NOT GUARANTEE THE QUALITY, SUITABILITY,
SAFETY, OR ABILITY OF THIRD-PARTY SERVICE PROVIDERS BEYOND THE
GENERAL PLATFORM STANDARDS MENTIONED HEREIN.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
PLATFORM’S CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY
OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS ON THE PLATFORM, (2) PERSONAL INJURY OR PROPERTY DAMAGE (UNLESS CAUSED DIRECTLY BY QUICKWASH’S GROSS
NEGLIGENCE RELATED TO THE PLATFORM ITSELF AND NOT BY A SERVICE
PROVIDER), OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO
AND USE OF THE PLATFORM OR SERVICES PROCURED THROUGH IT, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE
OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE
VIA THE PLATFORM. 8.4 Assumption of Risk You acknowledge and agree that your use of the Quickwash Platform and the engagement of services from independent Service Providers involves inherent risks. Quickwash is not responsible or liable for:
(a) Pre-existing damage to your vehicle, whether known or unknown to you. (b) Loss or damage to any personal items or articles left in your vehicle. (c) Damage resulting from your failure to disclose relevant vehicle conditions (e.g., loose parts, prior damage, sensitive aftermarket modifications) to Quickwash or the Service Provider. (d) Damage or imperfections resulting from environmental factors at an outdoor service location (e.g., dust, pollen, sudden weather changes) if the service is performed as reasonably practicable under such conditions. (e) Acts of God or other circumstances beyond our or the Service Provider’s reasonable control (see Force Majeure, Section 19). (f) Any acts, omissions, negligence, or misconduct of independent Service Providers, except as expressly provided for resolution under these Terms.
9. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL COMPANY BE LIABLE TO CLIENT OR ANY
THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF
WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. THIS LIMITATION APPLIES TO
DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, YOUR
INTERACTION WITH SERVICE PROVIDERS, OR THE SERVICES PERFORMED
BY SERVICE PROVIDERS. (b) IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY
ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF ITS
PLATFORM (WHETHER ARISING OUT OF OR RELATED TO BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED
THE TOTAL OF THE AMOUNTS PAID BY YOU TO COMPANY FOR THE
SPECIFIC BOOKING GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS LESS. (c) THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO (i) LIABILITY RESULTING FROM COMPANY’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT IN RELATION TO THE OPERATION
OF ITS PLATFORM and (ii) DEATH OR BODILY INJURY RESULTING FROM COMPANY’S ACTS OR OMISSIONS WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION. (d) QUICKWASH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON
THE SERVICES FACILITATED BY THE PLATFORM OR YOUR INABILITY TO
ACCESS OR USE SUCH SERVICES; OR (ii) ANY TRANSACTION OR
RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY SERVICE
PROVIDER, EVEN IF QUICKWASH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. QUICKWASH SHALL NOT BE LIABLE FOR DELAY OR
FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND
QUICKWASH’S REASONABLE CONTROL. (e) CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO
NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. PROHIBITED ACTIVITIES
You may not access or use the Platform for any purpose other than that for which we make it available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Platform, you agree not to:
● Systematically retrieve data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
● Trick, defraud, or mislead us, other users, or Service Providers, especially in any attempt to learn sensitive account information such as user passwords. ● Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein. ● Disparage, tarnish, or otherwise harm, in our opinion, us, the Platform, or Service Providers. ● Use any information obtained from the Platform in order to harass, abuse, or harm another person. ● Make improper use of our support services or submit false reports of abuse or misconduct. ● Use the Platform in a manner inconsistent with any applicable laws or regulations. ● Engage in unauthorized framing of or linking to the Platform. ● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform. ● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. ● Delete the copyright or other proprietary rights notice from any Content. ● Attempt to impersonate another user or person or use the username of another user. ● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). ● Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform services to you, or any Service Provider. ● Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform. ● Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. ● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform. ● Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software. ● Use a buying agent or purchasing agent to make purchases on the Platform. ● Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. ● Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise not approved by us. ● You will not, in your use of the Services or receipt of services from Service Providers, cause nuisance, annoyance, inconvenience, or property damage, whether to the Service Provider, Quickwash, or any other party.
11. PLATFORM MANAGEMENT AND ANTI-FRAUD MEASURES
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your access or use or any portion thereof (including removal of consumers from the platform); (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform; and (6) investigate, prevent, or take action
regarding suspected fraudulent, abusive, illegal, or other suspicious activity, including but not limited to suspending or terminating accounts, cancelling transactions or bookings, and cooperating with law enforcement authorities or third parties in any investigation.
12. MODIFICATIONS TO PLATFORM SERVICES
We reserve the right to change, modify, add, or remove features or functionalities of the Platform or App at any time or for any reason at our sole discretion without prior notice, except where such changes materially diminish the core service booking functionality for existing confirmed bookings, in which case reasonable efforts will be made to inform affected users. We will not be liable to you or any third party for any modification, price change (except for confirmed bookings as per Section 5.1), suspension, or discontinuance of specific Platform features or the Services as a whole.
13. TERM, TERMINATION, AND RIGHT TO REMOVE USERS
(a) Term: These Terms shall commence upon your first access or use of the Services and shall remain in full force and effect while you use the Services or maintain an Account, unless earlier terminated as provided herein. (b) Termination by Quickwash: WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES OR
DEVICE IDENTIFIERS), AND TO SUSPEND OR TERMINATE YOUR ACCOUNT
AND YOUR RIGHT TO USE THE SERVICES, TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR:
i. Breach of any representation, warranty, or covenant contained in
these Terms or of any applicable law or regulation.
ii. Fraudulent, abusive, or illegal activity, or activity that may harm
Quickwash, other users, Service Providers, or third parties.
iii. Repeated cancellations of booked services or no-shows for
scheduled appointments in violation of stated policies.
iv. Harassment, threatening behavior, or any form of abuse directed
towards Service Providers, Quickwash personnel, or other users.
v. Filing false, misleading, or bad-faith complaints or reviews. vi. Non-payment of amounts due. vii. Any conduct that Quickwash, in its sole discretion, determines is harmful to its business interests, reputation, the integrity of the Platform, or the experience of other users or Service Providers.
(c) Termination by You: You may terminate these Terms by discontinuing all use of the Services and deleting your Account. Instructions for deleting your Account can typically be found within the App settings or by contacting customer support. (d) Effect of Termination: Upon termination of your Account or these Terms for any reason:
i. Your right to access and use the Services will immediately cease. ii. You must immediately cease all use of the App and Platform. iii. Quickwash may delete your Account and all related information and files in your Account, subject to its data retention policies and applicable law (see Privacy Policy).
iv. Any provisions of these Terms that by their nature should survive termination shall survive, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law (see Section 29 - Survival). (e) No New Accounts After Termination by Quickwash: If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, without Quickwash’s express prior written consent. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. USER DATA AND PRIVACY
We will maintain certain data that you transmit to the Platform for the purpose of managing the performance of the Services, as well as data relating to your use of the Platform. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is incorporated by reference into these Terms. Our Privacy Policy can be found at https://www.quickwashtech.com/legal/privacy. By using the Services, you agree to the terms of our Privacy Policy. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. The security of your private information, including names, email addresses, phone numbers, and service urgency preferences, is a top priority.
15. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Platform and the services procured through it; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) Quickwash’s use of your User Content (as permitted under Section 3.6); (5) your violation of the rights of a third party, including but not limited to intellectual property rights or the rights of a Service Provider; or (6) any overt harmful act toward any other user of the Platform or any Service Provider with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. THIRD-PARTY SERVICES AND CONTENT
The Services may be made available or accessed in connection with third-party services and content (including advertising) that Quickwash does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Quickwash does not endorse such third-party services and content and in no event shall Quickwash be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or other mobile platform providers will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or other mobile operating systems, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s Terms of Sale.
18. COMPLIANCE WITH LAW BY USER
Client shall comply with all applicable laws, regulations, and ordinances in connection with its use of the Platform and receipt of services. Client shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement (e.g., to grant access to property for vehicle servicing).
19. FORCE MAJEURE
Neither Company nor Client shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Client to make payments to Company hereunder), when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, hurricane, tornado, volcanic activity, or other significant natural disasters or severe weather events; (c) war (declared or undeclared), invasion, hostilities, terrorist threats or acts, sabotage, riot, or other civil unrest or insurrection; (d) government order, law, actions, embargoes, blockades, or imposed restrictions (including but not limited to travel restrictions, business operating restrictions, quarantines, or lockdowns); (e) national or regional emergency, pandemics, epidemics, public health emergencies, or widespread disease outbreak; (f) strikes, labor stoppages or slowdowns, or other industrial disturbances (not caused by the Impacted Party’s own labor practices); (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials (where not caused by the Impacted Party’s failure to timely procure); (h) cyber-attacks or significant IT infrastructure failures not caused by the Impacted Party’s negligence; and (i) other similar events or circumstances beyond the reasonable control of the Impacted Party, provided that the Impacted Party has taken reasonable precautions to prevent such event or circumstance. The Impacted Party shall give notice within seven (7) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section, the other party may thereafter terminate this Agreement (or the affected booking) upon seven (7) days’ written notice. This provision also applies to a Service Provider’s ability to perform services, and Quickwash shall not be liable if a Service Provider is unable to perform due to a Force Majeure Event affecting them.
20. WAIVER
No waiver by Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Company. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
21. ASSIGNMENT
Client shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Client of any of its obligations under this Agreement. You give your approval to Quickwash for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Quickwash’s equity, business or assets; or (iii) a successor by merger.
22. RELATIONSHIP OF THE PARTIES
(a) The relationship between Company and Client is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between Company and Client, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. (b) As stated in Section 2, Service Providers are independent contractors of Clients for the purpose of providing car washing/detailing services, and independent contractors of Quickwash for the purpose of being connected with Clients via the Platform. No joint venture, partnership, employment or agency relationship exists between you, Quickwash, or any Service Provider as a result of the contract between you and Quickwash or use of the Services.
23. NO THIRD-PARTY BENEFICIARIES
This Agreement is for the sole benefit of the parties hereto (Company and Client) and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity (including Service Providers, except as may be explicitly stated for payment facilitation or where a Service Provider is an intended beneficiary of a specific Client obligation or disclaimer) any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
24. GOVERNING LAW
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
25. DISPUTE RESOLUTION
A. Informal Negotiations (For Disputes with Quickwash) To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms between you (Client) and us (Company) (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those
Disputes expressly provided in subsection D below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. B. Disputes Involving Third-Party Service Providers i. Client Acknowledgement of Independent Contractor Status and Liability: You reiterate and agree that Service Providers are independent contractors, not employees or agents of Quickwash. You understand and agree that any claim for personal injury, property damage (including damage to your vehicle), or other loss allegedly caused by or arising from the direct provision of car washing or detailing services by a Service Provider is the sole responsibility and liability of that Service Provider, and not Quickwash. ii. Process for Asserting Claims Against Service Providers: In the event you have a claim against a Service Provider for issues described in subsection B(i) above, Quickwash agrees, upon your reasonable written request, to provide you with the name and available contact information of the specific Service Provider who performed the service for you, to the extent Quickwash has such information and is permitted by law and its contractual agreements with the Service Provider to share it. You agree that any such claim or legal action for liability related to the direct provision of detailing services must be asserted directly against the Service Provider. Quickwash has no obligation to participate in or mediate such disputes beyond potentially providing contact information as stated and enforcing its platform standards. C. Binding Arbitration (For Disputes with Quickwash) i. Agreement to Arbitrate: This agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us (Client and Quickwash) relating to, or arising out of, this Agreement, any Services or Platform access, including any Information you obtained through the Services or Platform, subject to arbitration to the fullest extent permitted by law. The agreement to arbitrate includes, but is not limited to, claims brought by you against Quickwash, whether based in contract, tort, statute, for fraud, misrepresentation or any other legal theory; claims arising out of or relating to any aspect of the relationship between us arising out of any Service or Platform access; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement. You agree that, by entering into this Agreement, you and Quickwash are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
ii. Notice of Dispute: A party who intends to seek arbitration for a dispute with Quickwash must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Quickwash should be addressed to: Quickwash Technologies, Inc., Attn: Legal Department/Dispute Resolution, 58 Brookwood Rd, Clifton, NJ 07012, United States (“Notice Address”). The Notice must describe the nature and basis of the
claim or dispute and set forth the specific relief you seek from Quickwash (“Demand”). If Quickwash and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Quickwash may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Quickwash or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Quickwash is entitled. You may obtain more information about arbitration from www.adr.org.
iii. Arbitration Procedure: After Quickwash receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee is subject to change by the arbitration provider. If you are unable to pay this fee, Quickwash will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (iii) whether you or Quickwash, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of this arbitration provision or Agreement is unenforceable, void or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the dispute Notice provisions in subparagraph C(ii) (above), and (vii) any dispute related to Mass Arbitration (defined below). Pursuant to this agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above- enumerated types of disputes. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
Unless Quickwash and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person
hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
iv. Fees and Expenses: Except as otherwise provided for herein, Quickwash will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Quickwash for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
v. Discovery: Discovery and/or the exchange of non-privileged information
relevant to the dispute will be governed by the AAA Rules.
vi. Class Action Waiver: YOU AND QUICKWASH AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN
ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Quickwash agree otherwise (including, but not limited to, as set forth in the procedures in subsection C(vii) below), the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If this specific subparagraph C(vi) is found to be unenforceable in its entirety, then the entirety of this arbitration provision (Section 32.C) shall be null and void. However, if only a portion of this subparagraph C(vi) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph C(vi) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
vii. Mass Arbitration: YOU AND QUICKWASH AGREE THAT IN THE
EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH
ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING
RULES. (1) For purposes of this Agreement, “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
(2) In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, you and Quickwash agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, you and Quickwash agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement. (3) You and Quickwash agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration. (4) If any part of this paragraph C(vii) is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph C(vii) and this agreement shall be enforced to the maximum extent permitted by law. (5) If the arbitration provider is unwilling or unable to follow the procedures set forth in this paragraph C(vii) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this paragraph C(vii). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those demands within the Mass Arbitration, and such claims shall be resolved in a court of competent jurisdiction as outlined in subsection D below. D. Exceptions to Informal Negotiations and Arbitration The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If a Dispute falls within these exceptions, it shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction in Section 31 (Governing Law), and the Parties agree to submit to the personal jurisdiction of that court.
26. CORRECTIONS
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
27. NOTICES
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) to Quickwash must be in writing and addressed to Quickwash Technologies, Inc. at the address specified in Section 33 (Contact Information) or to such other
address that may be designated by Quickwash in writing or through the Platform. All Notices to you may be provided via email to your registered email address, through in-App notifications, or by posting on the Platform. Notices to Quickwash shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid) to the address in Section 33. Email notice to info@quickwashtech.com may be sufficient for informal communications but not for formal legal notices unless explicitly accepted by Quickwash for such purpose. Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party (or upon confirmed transmission for email if agreed for that purpose), and (b) if the party giving the Notice has complied with the requirements of this Section.
28. SEVERABILITY
If any term or provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or provision is invalid, illegal, or unenforceable, the court or arbitrator may modify such provision to reflect the original intent of the parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible, or if modification is not possible, it shall be severed, and the remainder of the Agreement shall continue in full force and effect. This includes provisions within any dispute resolution or arbitration agreement (Section 25), which may contain its own specific severability clauses.
29. SURVIVAL
Provisions of these Terms which by their nature should apply beyond their term will remain in force after any termination or expiration of this Agreement or your Account, including, but not limited to, the following provisions: Section 2.3(d) (Client Acknowledgement of SP Liability), Section 7 (Intellectual Property Rights and License), Section 3.2 and 3.6 (User Representations and User-Provided Content - for breaches/licenses prior to termination), Section 5 (Pricing, Payment, and Refunds - for amounts due), Section 8 (Platform Functionality, Disclaimers, and Assumption of Risk), Section 9 (Limitation of Liability), Section 11 (Platform Management - rights to investigate past activity), Section 14 (User Data and Privacy - data retention aspects), Section 16 (Indemnification), Section 24 (Governing Law), Section 25 (Dispute Resolution), Section 28 (Severability), this Section 29 (Survival), Section 30 (Entire Agreement), and Section 32 (Interpretation).
30. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, any Supplemental Terms, and any terms disclosed and agreed to at the time of booking a specific service, constitute the entire agreement
and understanding between you and Quickwash with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral, between you and Quickwash. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
31. AMENDMENTS TO TERMS
These Terms may be updated from time to time by Quickwash in its sole discretion. You should check our Platform and App regularly for updates to these Terms. Each time you order, access, or use any of the Services, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then-current Terms. Modifications take effect as soon as they are posted to the Platform or App, delivered to you (e.g., via email or in-App notification if we choose to provide such additional notice for material changes), or otherwise reasonably made available to you in writing by Quickwash. We will alert you about any changes by updating the “Last Updated” date at the top of these Terms. However, no amendment will retroactively modify the parties’ agreed-to dispute resolution provisions (including any arbitration agreement in Section 25) of this Agreement for then-pending disputes for which a formal proceeding has been initiated, unless the parties expressly agree otherwise in writing.
32. INTERPRETATION
In these Terms: (a) the words “including,” “include,” and “includes” mean “including, but not limited to,” unless the context otherwise requires; (b) headings are inserted for convenience only and do not affect the interpretation of these Terms; (c) the singular includes the plural and vice versa, and words importing a gender include other genders, as the context requires; (d) references to sections or articles are to sections or articles of these Terms unless otherwise specified.
33. CONTACT INFORMATION
For questions about these Terms, our Services, or to resolve a complaint (subject to the dispute resolution procedures herein), please contact us at: Quickwash Technologies, Inc. Attn: Legal Department / Customer Support 58 Brookwood Rd Clifton, NJ 07012 United States Email: info@quickwashtech.com
You may also find support options within the App.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Sale.
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