IMO Wash Subscription T&C's

Car Wash Subscription Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS WHEN SUBCRIBING FOR THE SERVICES.

YOUR ATTENTION IS DRAWN IN PARTICULAR TO CONDITION 10 (LIABILITY).

1. Interpretation

For the purposes of these terms and conditions, the following definitions shall apply:

“App” means our IMO app available on Android and Apple phones via the app store;

“Contract” means the contract between us and you for the supply of Services in accordance with these Terms;

“Nominated Vehicle” means the vehicle that the Services can be used on; “Services” means the provision of car washing at the Site;

“Site” means one of our car wash sites which you have selected upon registration for provision of the Services;

“Subscription” means the relevant recurring subscription to use the Services;

“Terms” means these terms and conditions as amended from time to time in accordance with condition 13.1;

“we”, “us” or “our” means Anduff Car Wash Limited or such entity as it may nominate to carry out the Services from time to time; and

“you or your” means a subscriber for the Services.

2. Subscription
2.1 The Services can only be used by people who:

1. (a)  are 17 years of age or over;

2. (b)  hold a full and valid UK driving licence; and

3. (c)  are a fully insured driver of your Nominated Vehicle.

2. 2.2  The Services are solely available to consumers and are not to be used by commercial businesses (including but not limited to private hire, hackney carriage, automotive trade, rental or liveried vehicles). No employee of Anduff Car Wash Ltd or operator of any of our sites nor any of their family members may register for a Subscription.

3. 2.3  To register for a Subscription, you will need to follow the procedure set out in the App. We shall have discretion as to whether we accept or refuse your application for a Subscription.

4. 2.4  You confirm that all information that you have provided to us when applying for a Subscription is accurate and complete.

5. 2.5  You may not share your account or any log-in information (such as your account ID and password) with any other person. You are solely responsible for maintaining the confidentiality of your account and log-in information, even from your friends and family. If you fail to do so, you may unexpectedly lose access to your account and we will not have any liability to you for any loss, damage, expense or otherwise arising directly as a result of sharing your account or log-in information. You must notify us immediately of any unauthorised access of your account of which you become aware.

6. 2.6  Upon registration you will need to choose your Subscription package. Details of all available Subscription packages are posted here: www.imocarwash.co.uk/gb/subscription. You can change your Subscription at any time via the process set out in the App. Please read condition 4.3 concerning further information on changing your Subscription.

7. 2.7  The Subscription package that you select will specify the number and type of car washes included within each one month subscription period. This will be confirmed to you by email after purchase.

3. Provision of the Services

1. 3.1  When you sign up, your Subscription will be linked to your selected Site. 80% of your Subscription usage must be at the Site. If more than 20% of your Subscription redemptions are at another site or sites, we may change your selected base site and you will pay the subscription price for the new site. You will be notified by email if this has happened and will have the option to cancel your Subscription.

2. 3.2  A Subscription is only valid for your Nominated Vehicle, the registration number of which you shall provide to us upon your registration for your Subscription.

3. 3.3  Amendments to your Nominated Vehicle and registered email address are restricted to four amendments per year. You can change your nominated vehicle by
   emailing [email protected] with details of your old and new registered vehicle.

4. 3.4  Upon registration you will be provided with a QR code (“QR Code”), which will enable us to recognise the Nominated Vehicle and your Subscription at the Site.

5. 3.5  The QR Code will be renewed after payment is received each month for your Subscription.

6. 3.6  You must present the QR Code in order to receive the Services under your Subscription on every visit to the Site.

4. Payment

1. 4.1  In order to access the Services, you must choose a recurring Subscription with a minimum subscription period of 30 days and pay a recurring subscription fee (Subscription Payment). Upon registration you will need to choose whether to pay the Subscription Payments by credit card or direct debit.

2. 4.2  Your Subscription Payment is due one month in advance and each Subscription Payment shall be payable monthly after the date of your first subscription payment using the payment method that you have chosen (Billing Cycle).

3. 4.3  If you decide to change your Subscription in the middle of a Billing Cycle, the change will not take place until the end of the current Billing Cycle and any Subscription Payment that you have already paid shall not be refundable.

4. 4.4  We may amend the price of your Subscription at any time by not less than 14 days’ notice. You shall be notified of amendments to the price of your Subscription by us via email to the email address you provided to us during the registration process. If you want to cancel your Subscription following such price change, you will able to do so by following the procedure set out in these Terms.

5.

Promotional Offers

1. 5.1  The QR Code cannot be used in conjunction with any other offer.

2. 5.2  For new customers, we may, from time to time, issue promotional offers of reduced

   Subscription Payment rates. When such promotional offer period ends, the full Subscription Payment shall be charged in accordance with condition 4 of these Terms. Any Subscription that is not cancelled by the end of the promotional period shall continue in accordance with these Terms.

6. Cancellation of the Services

6.1 We may, at our discretion, cancel your Subscription (immediately and without notice) if you:

1. (a)  fail to meet the eligibility criteria set out in condition 2.1 or 2.2

2. (b)  fail to pay any Subscription Payment when it is due and still fail to do so within 7 days of us reminding you that payment is due;

3. (c)  are, or are suspected by us of being, guilty of any abusive behaviour (whether actual or threatened) towards our equipment or any of our partners or their employees wherever they are located;

4. (d)  are, or are suspected by us of being, guilty of making payments for the provision of the Services via our App which are fraudulent or unauthorised by the card or account holder; or

5. (e)  are, or are suspected of, breaching the Terms of this Subscription or providing false information.

2. 6.2  You may decide to stop your Subscription within 14 days of the date of first agreeing to take out a Subscription by emailing customer services at subscription@imo- carwash.co.uk with the details of your car registration plate and the email you signed up with. If you exercise your cancellation rights in accordance with this condition 6.2, you will receive a full refund of any Subscription Payment made. It is important to note that this right to a full refund will only apply where you have not used the Services during the initial 14-day period. You may use the model cancellation form attached at the end of these Terms in order to cancel, but it is not obligatory.

3. 6.3  You may deactivate your Subscription at any time by emailing customer services
   at [email protected] with your car registration details. Cancellation may take up to 7 working days to process and so any Subscription Payments that are payable within this 7working day period may still be taken by us and will not be refundable.

4. 6.4  The entirety of your Subscription Payment is due and payable on the first day of your Billing Cycle. All Subscription Payments are non-refundable unless we are required to issue a refund as a result of any law or regulation in the UK (for example because you are unable to use the Services due to our technical faults).Therefore, if you cancel your Subscription in the middle of your Billing Cycle, you will not receive a refund for the remainder of the Billing Cycle, but may continue to use the Services until the Billing Cycle ends.

5. 6.5  If we suspect that you are misusing your account in breach of these Terms, we may in our absolute discretion:

   (a) cancel your Subscription with immediate effect without refund of any payments made; or

   (b) suspend your account while we investigate the suspected misuse. Following such investigation, we may either reinstate your account and refund you for the period

of suspension (if we are satisfied no abuse has occurred) or terminate your account in accordance with condition 6.5(a).

7. Maintenance and Servicing of Equipment

1. 7.1  In order to maintain the quality and availability of our sites, we are committed to regular maintenance and servicing of our washing equipment. During these times, provision of the Services at the Site affected may be interrupted.

2. 7.2  We cannot guarantee that our machinery and equipment will be fully operational at all times and so Services at the Site may be suspended from time to time.

3. 7.3  We aim to minimise inconvenience to you and shall try to carry out any maintenance and service works during a period of the day when our data states that washing frequency is lower (however this may not always be possible).

8. Health and Safety

1. 8.1  We are committed to the highest levels of health and safety across our sites. We shall provide clear and unambiguous instructions on the safe operation of all of our equipment at the Site.

2. 8.2  Full particulars of the circumstance of any incidents that result in damage or loss to our equipment or your possessions should be reported directly to the operator at the Site as soon as possible and an incident report form must be completed.

9. How We May Use Your Personal Information
9.1 The information you provide to us during the registration process will be used in the

following ways:

1. (a)  to enable us to provide you with access to the Site and to supply the Services;

2. (b)  to contact you for your views on the Services and to notify you occasionally about important changes or developments to the Site and the Services;

3. (c)  where you have agreed during the registration process, we may also use your information to contact you with details about any other products or services we offer that may be of interest to you. If you change your mind about being contacted in the future, please contact us and tell us;

4. (d)  to provide our payment partner Stripe with the relevant payment information so that they can process the payment of the Subscription Payment in accordance with their privacy policies;

5. (e)  to provide our platform provider Chargebee with your details so that they can provide our subscription platform in accordance with their privacy policies;

6. (f)  to provide our app partner Eagle Eye with your details so that they can deliver the vouchers into your app wallet and process redemptions in accordance with their privacy policies; and

7. (g)  to provide data to other third parties where appropriate and as set out in our privacy policy, including to (i) the car wash operator for the purposes of complaint handling and damage reports; (ii) third parties who provide support to us on marketing activities, including data analytics, running promotions or competitions, undertaking customer research and obtaining and responding to customer feedback; and (iii) third party cloud hosting and IT infrastructure providers who host the website and provide IT support in respect of the website and App.

2. 9.2  We may also collect certain information about your visits to our sites. This may include information about the frequency and duration of your visits. We may aggregate this information with other users’ information to identify patterns which we can use in our marketing to third parties and to help us develop, administer, support and improve the Services.

3. 9.3  We retain access to all personal information that we have collected from you for as long as is necessary to provide you with the Services or for as long as the law otherwise permits.

4. 9.4  Except as set out in this condition 9, we will not otherwise disclose, sell or distribute your information to any third party without your permission unless we are required to do so by law.

5. 9.5  You may update your information at any time on the App, subject to restrictions on the amendment of the Nominated Vehicle and email address as set out in condition 3.3.

6. 9.6  We follow strict security procedures to ensure that your personal information is not damaged, destroyed, or disclosed to a third party without your permission. We use appropriate technological and operational security measures, including strong encryption, secure firewalls and other measures to restrict electronic access. If we are working with third parties, we will require them to have in place similar measures to protect your personal information.

If you would like more details on how we use your personal information, please refer to our Privacy Policy which can be found here: https://www.imocarwash.com/gb/privacy-policy/

10. Liability

10.1We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, and for fraud or fraudulent misrepresentation.

10.2We are not responsible if you lose your password or account ID as a result of a breakdown, error, loss of power or otherwise caused by or to your computer system.

10.3If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract 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 the contract was made, both we and you knew it might happen.

10.4We are not responsible for any business losses. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5We shall not be liable or responsible for any injury or incident (resulting in damage or loss to yourself or any Nominated Vehicle) as a result of the improper use of any of our equipment, unless it results from our negligence.

11. How to Contact Us
11.1You can contact us by writing to us at [email protected] or Wash

Subscription, Anduff Car Wash Ltd, 35-37 Amersham Hill, HP13 6NU.

11.2If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us during the registration process.

12. How We Work To Resolve Disputes

We look to resolve all disputes promptly and fairly. If you have a complaint about our Services which is not resolved on-Site, please send us details of the dispute and your current contact information, either by email to [email protected] or by Recorded Delivery to the address listed on our website. We will aim to respond to such letters within 5 working days. [In addition, please note that the European Commission also provides for an online dispute resolution platform, which you can access
here: http://ec.europa.eu/consumers/odr/.]

13. General

13.1We will notify you of changes to these Terms in writing to the email address that you have provided upon your registration. Such notice shall include the actual date that the changes to the Terms are to come into force.

13.2In the event that you do not agree to our revisions to these Terms, you have the right to cancel your Subscription. You will be entitled to receive a pro-rata refund of any Subscription Payment if such termination takes place in the middle of a Billing Cycle by emailing customer services at [email protected]. Your continued use of the Services following any revision to these Terms will demonstrate your full acceptance of any and all such changes.

13.3If a court decides that any part of these Terms is invalid, that particular part of these Terms will not apply, but the rest of these Terms will. A delay in enforcing any provisions of these Terms shall not prevent later enforcement of that term or enforcement of any other provision of these Terms.

13.4You may not transfer any benefit or obligations under these Terms without obtaining our consent written first. Nobody else has any rights under these Terms.

13.5These Terms are governed by English Law and you can bring legal proceedings in respect of the Services in the courts of England and Wales.

Cancellation form:

To Anduff Car Wash Ltd, 35-37 Amersham Hill, High Wycombe, HP13 6NU;

[email protected]

I/We [*] hereby give notice that I/We [*] cancel my/our contract of sale of the following goods [*] / for the supply of the following service [*],

Ordered on [*] / received on [*],
Name of consumer(s),
Email address and registered car registration plate of consumer(s), Date
[*] Delete as appropriate

February 2024