Washlo mobile application (the “Application”) is owned by Washlo Ltd (“Washlo”, “we”, “us” or “our”). Washlo is registered with the Department of Economic Development in London, United Kingdom and Washlo Ltd. (company number) . References to “you”, “your”, “yours”, “user” and “users” are references to the person(s) accessing the Application.
2. Accessing Means You Agree
If you do not agree with these Terms, do not access, view or otherwise use the Application or register as a user.
3. Application Services
3.1 The Application is designed to:
(a) allow the users to place orders for washing their vehicles via independant detailers at the location of their choice (the “Services”), provided that the Services are made available by Washlo at such location at the relevant time;
(b) provide the users with live information about their own location and the location of Washlo’s vehicles and staff when available to provide the Services;
(c) allow the users to select the location where they would like to receive the Services;
(d) provide us with live information about the location where users are accessing the Application (and, where applicable, the desired location where they wish to receive the Services) in order for us to estimate the time required for us to reach such location;
(e) allow the users to register with us and provide their credit card information to make payment for the Services; and
(f) allow the users to rate our Services each time the Services are delivered by us,
(collectively, the “Application Services”).
3.2. The information relating to the Application Services may be uploaded by us or such other parties authorized by us either as part of these Terms or through other arrangements entered into between us and such other parties.
3.3. You are responsible for your internet connection to access the Application on your mobile device. You are also responsible for ensuring that any person who accesses the Application through your mobile device is aware of our Terms and complies with them.
3.4. You may only use the Application and the Application Services for lawful purposes. You must not use the Application or the Application Services:
(a) in any way that is unlawful, abusive, libelous, obscene, threatening or is otherwise prohibited by our Terms;
(b) to harm or attempt to harm any person in any way;
(c) to send, knowingly receive, upload, download, use or re-use any material which is in breach of our Terms; or
(d) transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“Spam”).
3.5. While we will endeavor to ensure that the Application is available twenty-four (24) hours a day, the Services shall only be provided by us during the working hours published by us on the Application.
3.6 Your access to the Application may be suspended temporarily and without notice including, without limitation, due to a system failure, maintenance, repair or for reasons beyond our control. You agree that we shall not be liable if for any reason the Application is unavailable at any time or for any period.
3.7 We reserve all rights to deny or restrict access to the Application, whether temporarily or permanently, by any person or organisation, or to block access from a particular mobile device to the Application, at any time and without any liability, without ascribing any reasons whatsoever.
4.0 Your Use of Content and Application Links
4.1. All content and material on the Application(“Our Content”) belongs either to us or our licensors and is protected by world-wide copyright laws.
4.2. Unless expressly stated otherwise, you shall:
(a) not use Our Content for your personal or commercial use other than to order and receive the Services;
(b) not copy, reproduce, republish, upload, post, transmit or distribute any of Our Content; and
(c) not, without our prior written permission:
(i) redistribute any of Our Content (for example by using it as part of any library, archive or similar service);
(ii) remove any copyright or trade mark notice from Our Content; or
(iii) create any database by downloading and storing any of Our Content.
4.3. You may not create any link from or to the Application without our prior written consent.
4.4. Content from a third party provider available on or through the Application may not be duplicated, distributed, published, transferred, transmitted, copied, altered, sold, used to create derivative works or otherwise misused. For the avoidance of doubt, although the Application may contain or make reference to trademarks or other proprietary intellectual property rights of our partners or other third parties, you agree that no license to or right in any of these trademarks or other proprietary intellectual property rights is granted to or conferred upon you by reason of such reference.
4.5. You agree that any rights not expressly granted in these Terms are reserved.
4.6. If you breach any of the provisions in these Terms, your permission to use the Application and your licence to use Our Content automatically terminates.
5.1. You may access material on the Application without registering with us first. However, we may restrict access to certain areas and you may need to register to access such areas, order and receive the Services.
5.2. Your registration information must be accurate and complete and you must notify us of any change to that information, in particular to your e-mail address.
5.3. You warrant that you will not impersonate anyone else when registering for, or using, the Application or the Application Services.
5.4. You must not allow anyone else to access the Application by using your user name and password (“ID”).
5.5. You are liable to us for all Application access made by you or anyone else using your ID and we will not be liable to you or anyone else for unauthorised use of your ID.
5.6. You must not use the Application to send chain emails or Spam or to send, use or re-use any material which:
(a) is unlawful, threatening, abusive, libelous or indecent;
(b) infringes copyright or any other legal right; or
(c) contains any other form of illegal content.
6.0 Payments and Cancellation
6.1. The users have the option to make payment through the credit card registered on the Application.
6.2. In the event you wish to cancel any order for the Services at any time after placing an order through the Application, a cancellation charge of AED £5 (the “Administration Charge”) shall be due and payable by you immediately upon cancellation. The payment shall either be charged through your credit card (where the credit card is registered on the Application).
6.3. Where a user cancels orders more than three (3) times (regardless of the payment of the Administration Charge), we reserve the right to refuse to provide the Services to such user in the future.
7.0 Rating the Services
The Application allows you to rate our Services each time our staff has delivered the Services. We encourage you to give your honest feedback and rate the quality of the Services in the most realistic manner in order for us to continuously train our staff and improve our Services. Where you are not happy with the quality of the Services, you must request our staff to rectify the situation promptly and in the absence of any such requests, it is deemed that you will have accepted the Services. For the avoidance of doubt, the ratings shall not be linked to the payment for the Services in any way whatsoever.
8.0 No Liability
8.1. We take duecare of your vehicle while providing the Services but we accept no responsibility for any loss or damage whatsoever to your vehicle, accessories, vehicle content, property or for the death or injury suffered to any person. You agree to pay any fees payable with respect to the Services regardless of any of the aforementioned incidents. Any parking charges levied by the owner of the location where your vehicle is parked are payable by you. Your order for the Services is accepted at your sole risk and responsibility.
8.2. You must not leave valuables inside your vehicle to avoid any misunderstanding and we do not accept any responsibility for the theft of damage to such valuables.
8.3. You accept that any estimate of time provided by us for staff to arrive at your desired location to provide the Services shall only be based on the calculations made by our systems and actual time of the arrival shall be dependent upon the traffic flows and availability of our staff and we shall not accept any responsibility for any delays associated with the provision of the Services.
9.0 Suspension and Termination of Registration
9.1. We will determine in our discretion whether there has been a breach of our Terms through your use of the Application and may take such action as we deem appropriate.
9.2. Failure to comply with our Terms may result in our taking any or all of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use our Application;
(b) issue of a warning to you;
(c) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(d) further legal action against you;
(e) disclosure of such information to law enforcement authorities as we reasonably believe to be necessary; or
(f) any other action we reasonably consider to be appropriate.
10. Viruses, Hacking and Other Offences
10.1. You must not:
(a) misuse the Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
(b) attempt to gain unauthorised access to the Application, the server on which the Application is stored or any server, computer or database connected to the Application; or
(c) attack the Application via a denial-of-service attack or a distributed denial-of-service attack.
10.2. Any breach of this clause 10 immediately ends your right to access the Application and is a criminal offence which we will report to the relevant law enforcement authorities and co-operate with them by disclosing your identity.
10.3. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect your mobile device, data or other proprietary material due to your access to the Application.
11.Third Party Application
11.1.The Application may contain links to other applications or websites provided by independent third parties (“Third Party Application”), either directly or through frames. Where possible, we will make clear such links are being made, although Third Party Application may be co-branded with us and so include our trademarks. We are not responsible for the availability or content of Third Party Application and will not be a party to, or in any way responsible for, any transaction concerning goods or services available from such Third Party Application.
11.2. We are not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or Third Party Application or pages linked to the Application. If any hyperlinks to downloadable software Application is included on the Application, these are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the licence agreement, if any, which accompanies or is provided with the software.
11.3. We make no representations of warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Application.
12. Advertising and Sponsorship
Part of the Application may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on it complies with applicable laws. We are not responsible to you for any error or inaccuracy in their advertising material.
13. No Offer
Information or opinions provided by us or through a third party on the Application do not constitute an offer to sell or solicit an offer to buy any goods or services.
14. Changes to the Terms
15.1. THE CONTENT OF THE APPLICATION IS DISTRIBUTED TO YOU WITHOUT ANY WARRANTY OF ANY KIND. WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE APPLICATION AND OUR CONTENT.
15.2. INFORMATION ON THE APPLICATION IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW WE AND ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS DO NOT GIVE OR MAKE ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED IN RESPECT OF SUCH INFORMATION WHETHER IN RESPECT OF THE APPLICATION. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY OR COMPLETENESS OF OUR CONTENT IS ASSUMED SOLELY BY YOU.
(a) MAKE NO EXPRESS OR IMPLIED CONDITION, WARRANTY, REPRESENTATION OR UNDERTAKING AS TO THE ACCURACY, ADEQUACY, COMPLETENESS, RELIABILITY OR TIMELINESS OF OUR CONTENT AND THE INFORMATION, MATERIAL, PRODUCTS AND SERVICES OR THE ERROR-FREE USE OF THE APPLICATION. OUR CONTENT AND THE INFORMATION, MATERIAL, PRODUCTS AND SERVICES OUTLINED IN THE APPLICATION MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE AT YOUR SOLE RISK; AND
(b) DO NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU ACCEPT SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACK UP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR MOBILE VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
16. Limitation of Liability
16.1. Our Content is for your general information and use only and is not intended to address your particular requirements. While we aim to update the Application regularly, any of Our Content may be out of date and we assume no responsibility for updating it. In particular, Our Content does not constitute any form of advice, recommendation or arrangement to you by us and is not intended to be relied upon by you in making (or not making) any particular decision.
16.2. We have no liability to you because of:
(a) any reliance you placed on Our Content; and
(b) any arrangement made between you and any third party named on any mobile application, which was made at your sole risk and responsibility.
16.3. Because of the number of sources from which we obtain Our Content and the nature of electronic distribution via the internet, we do not give any warranties in respect of the Application or the Application Services. In particular, the Application Services are provided on an “as is” basis. We disclaim all warranties, conditions or duties of every nature whatsoever (except any duties of good faith), including without limitation, any implied warranties of merchantability, of fitness for a particular purpose, any express or statutory warranties, and any warranties or duties regarding accuracy or timeliness. In addition, we do not warrant that the Application Services are free from infection by viruses or anything else that has contaminating or destructive properties.
16.4. Our liability towards you shall limited to the amount of fee received by us for any Services in connection with which the liability has arisen.
16.5. To the fullest extent allowed by the law, you agree that we will not be liable to you and/or any third party for any consequential or incidental damages, including loss of business, income or revenue, lost profits or contracts, loss of data, privacy or goodwill, failure to meet any duty including but not limited to any duty of good faith or any indirect, special, or punitive damages whatsoever that arise out of or in connection with the use of the Application or the Application Services or any breach of our Terms by us, even if we have been advised of the possibility of such damages.
16.6. You agree to fully indemnify, defend and hold us and our affiliates, and their respective officers, directors, owners, agents, information providers and copyright owners from and against any and all claims, losses, costs and expenses (including attorneys’ fees) incurred by any such party in connection with any claim arising directly or indirectly out of or in connection with your use of the Application, from any breach by you of these Terms and your use of the Application Services and/or the Service.
17. Third Party Copyright
Some of the content used on our Application (such as, but not limited to, images and/or audio-visual material) may be the copyrighted works of third party suppliers, who reserve all their rights in such content. These third parties shall be entitled to the benefit of the Terms in respect of their content as if they were “we” and shall be bound accordingly.
18. News by e-Mail
We may give you the option to subscribe to any e-mail news service so that your use of any information received in this manner will be subject to our Terms.
You may not assign, sub-licence or otherwise transfer any of the rights under these Terms. If any term is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions, which shall remain in full force and effect. Failure by either us or you to exercise any right or remedy under our Terms does not constitute a waiver of that right or remedy. Headings in our Terms are for convenience only and have no legal effect.
21. Choice of Law and Jurisdiction
Our Terms are governed by, and construed in accordance with, the laws of the United Kingdom applicable in United Kingdom and you irrevocably agree that the courts of United Kingdom have exclusive jurisdiction to settle any dispute between us.
22. Entire Agreement
These Terms represent the entire understanding and agreement between us and you concerning your use of the Application and the Application Services. Any and all previous courses of dealing, written or oral understandings, discussions, representations, correspondence and communications between us and you relating to the matters covered by these Terms are hereby superseded. You agree that you have not relied upon, and will have no remedy in respect of, any warranty, statement, representation or understanding made by us or any other party unless it is expressly set out in these Terms.
23. Contact Us
Any queries or comments about the Application or these Terms should be directed via email to firstname.lastname@example.org.
Copyright © Washlo Ltd, March 2015 All rights reserved