TERMS OF SERVICE
Please read this agreement carefully to ensure that you understand each provision. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Schmicko, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Schmicko.
B. CAR WASH SERVICES
Schmicko’s obligations. As part of our Service, you may order, and Schmicko’s representatives may provide, car wash Services for your vehicle. Schmicko uses reasonable efforts to ensure that the car wash will be provided in a professional and satisfactory manner. You understand and agree, however, that Schmicko does not guarantee that your car wash will be performed to meet any applicable industry or professional standards. You agree that time slots are estimates and completion times will vary depending on the condition of your vehicle. In addition to the latter, the price of services performed may be subjected but not limited to change depending on the state of our vehicle and the customer’s desired preference (prices are all correct as of the 7th August, 2018). You understand and agree that due to dangerous/poor weather conditions such as rain/hail, may cause for your appointment to be postponed/rescheduled. You hereby acknowledge and agree that Schmicko’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle resulting from a car wash performed by Schmicko’s representatives or your interactions with a Schmicko representative) will be as is set forth in the Limitation of Liability section below.
Your obligations. If you choose to make a reservation for a car wash Service, then you must: (1) verify the location of your vehicle before submitting a car wash reservation; (2) ensure that the car wash Services are available in your location; (3) leave your vehicle in a public location where a Schmicko representative is authorised to enter and perform the car wash; and (4) ensure that there is at least a one (1) foot perimeter around all sides of your car to allow Schmicko representatives to perform the car wash. You understand that it is your responsibility to remove all valuables from your vehicle before our representative arrives to wash your car. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. Failure to adhere to your obligations hereunder may result in our inability to provide you with a car wash. In no event will Schmicko be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
For more information about our car wash Services, please review our Services Page.
C. SCHMICKO ONLINE ACCOUNTS
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Schmicko immediately of any breach of security or unauthorised use of your account. Schmicko will not be liable for any losses caused by any unauthorised use of your account.
By providing Schmicko your email address you consent to our using of the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
D. ONLINE AND MOBILE SERVICE RULES
Acceptable use of the online and mobile Service. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Schmicko servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Schmicko grants the operators of public search engines revocable permission to use spiders to copy materials from Schmicko.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorised by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Changes to the Service. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
2. END USER LICENSE GRANT
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our online Services for your personal, non-commercial use only and as permitted by the features of the Service. Schmicko reserves all rights not expressly granted herein in the Service and the Schmicko Content (as defined below). Schmicko may terminate this license at any time for any reason or no reason.
3. OUR PROPRIETARY RIGHTS
Schmicko Content. Our online Service, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Schmicko Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Schmicko and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Schmicko Content. Use of the Schmicko Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Ideas. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Schmicko under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Schmicko does not waive any rights to use similar or related ideas previously known to Schmicko, or developed by its employees, or obtained from sources other than you.
4. PAID SERVICES
A. PAYMENT POLICIES
If you elect to purchase a car wash on or through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our homepage. Schmicko may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. Schmicko will bill your credit card once we receive notice from our representative that your car wash is complete.
B. CANCELLATION & LATE ARRIVAL POLICY
You may cancel your car wash reservation at any time before 5pm the previous day of the booked appointment by contacting Admin. Reservations cannot be cancelled once the Schmicko representative arrives to wash your car. If a service is cancelled after 5pm the previous day of the booked appointment, the customer may be charged up to 50% of the booking total, with a minimum cancellation fee of $50. If you as a customer is not at the booked location on time, you may be charged the cancellation callout fee. It is always recommended that you contact admin if you have any concerns regarding your arrival time and etc.
C. HAZARDOUS CONDITIONS POLICY
If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment included in our car wash packages, our car wash professionals have the right to walk away. Upon such a service, you will be charged a $50 booking fee due to holding your space in our schedule. Hazardous conditions may include, but not limited to, human/pet waste/fluids, sharp objects, weapons, broken glass, insect infestations, toxic spills and so on.
Once a car wash is completed and your credit card has been charged, you will not be entitled to a refund for any reason.
E. PAYMENT INFORMATION; TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Schmicko cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. THIRD-PARTY LINKS
You agree to defend, indemnify and hold harmless Schmicko and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any car wash Services received by you and performed by Schmicko representatives; (ii) any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder (including the car wash Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
9. NO WARRANTY
To the maximum extent permitted by applicable law, schmicko does not warrant, endorse, guarantee, or assume responsibility for the services hereunder, including the car wash services performed by schmicko’s representatives, or any losses or damages that may result therefrom the service, including our car washes, are provided to you on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement. without limiting the foregoing, schmicko, its subsidiaries, and its licensors do not warrant that the service is accurate, reliable or correct; that the service will meet your requirements; or that the service will be available at any particular time or location, uninterrupted or secure. any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event shall schmicko, its affiliates, agents, directors, employees, representatives, suppliers, contractors, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the service, including the car washes performed by schmicko’s representatives. under no circumstances will schmicko be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the service or your account or the information contained therein.
To the maximum extent permitted by applicable law, schmicko assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from our service, including the car wash services performed by our representatives; (iii) the acts or omissions of our employees, contractors, or representatives performing services on our behalf; (iv) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (v) any delay in the services, including a delay of schmicko’s representatives in performing car washes; (vi) the failure of schmicko’s representatives to perform the car wash services; (vii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall schmicko, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts you paid to schmicko in the last 12 months hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if schmicko has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. this agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in the Australia. Schmicko makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Australia.
11. GOVERNING LAW AND ARBITRATION
A. GOVERNING LAW
You agree that: (i) the Service shall be deemed solely based in New South Wales; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Schmicko, either specific or general, in jurisdictions other than New South Wales. This Agreement shall be governed by the internal substantive laws of New South Wales, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in New South Wales, for any actions for which we retain the right to seek injunctive or other equitable relief, as set forth in the Arbitration provision below.
For any dispute with Schmicko, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Schmicko has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Schmicko claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in New South Wales. Unless you and Schmicko agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and schmicko are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Schmicko without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. NOTIFICATION PROCEDURES AND CHANGES TO THE AGREEMENT
Schmicko may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Schmicko in our sole discretion. Schmicko reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Schmicko is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Schmicko may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
C. ENTIRE AGREEMENT
This Agreement, together with any amendments and any additional agreements you may enter into with Schmicko in connection with the Service, shall constitute the entire agreement between you and Schmicko concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
D. NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Schmicko’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at [email protected] with any questions regarding this Agreement.
This Agreement was last modified on August 7, 2018.