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TERMS OF USE

These terms and conditions of use (“Terms of Use” or “Terms”) apply exclusively to the use of the mobile carwash booking service (the “Service” or “Services”) offered by Washup Auto Detailing, Inc. (“WashUp”) via its website www.washup.ca or via its mobile application (the website and the mobile application are a “Portal” and collectively, the “Portals” or) by a customer who may be a registered user of the Service or a guest (“Customer” or “User” or “you”).

 

Use of the Service (“Use”, “Usage” or “Booking”) is materialized by a User’s payment for the Service made through the Portals. Please read the following

 

 Terms of Use carefully before using the Service.

 

 By using the Service, you agree to be irrevocably bound by these Terms of Use and by any another terms and conditions, or policy of WashUp (including but not limited to its Terms of Sale and Privacy Policy), incorporated herein by reference and governing your use of the Service.

 

 Persons who do not agree with these Terms should NOT use WashUp.

 

 For information about carrying out your mobile car-washing services through WashUp, please visit our website at www.washup.ca.

 

 1. User License

 

 a. Scope.

 

WashUp grants you permission (which may be revoked at any time for any reason or no reason) to view the Portals and to download, email, share via social networking or print individual pages from the Portals in accordance with these Terms and solely for your own personal,non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute,re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Portals, or otherwise exploit all or any portion of the Portals for any commercial purpose without WashUp’s express written consent, except as specifically noted above. Except as specifically authorized by WashUp, you may not deep-link to the Portals for any purpose or access the Portals manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Portals or any information, content, or material on the Portals. WashUp reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Portals or any content contained therein, whether in whole or in part, without prior written consent from WashUp. You may like or follow WashUp or share links to the Portals via social networking technology referenced on the Portals. Any rights not expressly granted herein are reserved.

 

 b. User Conduct.

 

You agree that your use of the Portals and/or Service on the Portals is subject to all applicable local, state and federal laws and regulations. You also agree:

 

  • to comply with Canada law and local laws or rules regarding online conduct and acceptable         material; 

  •  not to use the Portals or their Service or submit content to the Portals if you are under the age of 16; 

  •  not to access the Portals or Service using a third-party's account/registration without the express consent of the account holder; 

  • not to use the Portals for illegal purposes; 

  • not to commit any acts of infringement on the Portals or with respect to content on the Portals; 

  • not to use the Portals to engage in commercial activities apart from the sanctioned use of the   WashUp Service; 

  •  not to copy any content, for republication in print or online; 

  •  not to attempt to gain unauthorized access to other computer systems from or through the Portals; 

  •  not to interfere with another person's use and enjoyment of the Portals or another entity's use and  enjoyment of the Portals; 

  •   not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or 

  •   not to disrupt, interfere with, or otherwise harm or violate the security of the Portals, or any Services,    system resources, accounts, passwords, servers or networks connected to or accessible through the  Portals or affiliated or linked sites (including those of our car wash partners). 

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c. Injunctive Relief.

 

In the event of a breach of any of the User's obligations under these Terms of Use, the User acknowledges and agrees that damages will not be an adequate remedy. The User, therefore, agrees that WashUp shall be entitled (without limitation of any other rights or remedies otherwise available to WashUp and without the necessity of posting a bond) to obtain an injunction from any court of competent jurisdiction prohibiting the continuance or recurrence of any breach of these Terms of Use. The User further agrees that service upon the User in any such action or proceeding may be made by first class mail, certified or registered, to the User’s address as the last appearing on the records of WashUp.

 

 2. Portals Content

 

 a. Disclaimer of Responsibility for Material.

 

Price, description, menu content, product/service availability and any other carwash information are subject to change without notice. WashUp assumes no responsibility or liability for any errors or omissions in the content of the Portals.

 

 b. Proprietary Rights.

 

You acknowledge and agree that the Portals contain proprietary information and content that is protected by intellectual property and other laws and may not be used except as provided in these Terms of Use without advance, written permission of WashUp. AllPortals design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, active server pages, and other content and software used in the Portals are reserved.

 

 3. Termination and Modifications to the Portals

 

WashUp may modify, suspend, discontinue or terminate, at its sole and absolute discretion at any time, with or without notice, in whole or in part, the Portals and/or Service offered on or through the Portals (or any part thereof), including but not limited to the Portals' features, look and feel, and functional elements and related services. Notice of termination shall be provided to the User in the manner WashUp deems reasonable.

 

 4. Indemnification

 

The User agrees to indemnify and hold WashUp, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from all claims, demand, expense including reasonable attorneys' fees, damage (whether direct, indirect, or consequential) and liabilities, made by anyone inconnection with your use of the Portals, with any alleged infringement of intellectual property or other right of any person or entity relating to thePortals, your violation of these Terms of Use, and any other acts or omissions relating to the Portals.

 

 5. DISCLAIMER OF WARRANTIES

 

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY WashUp, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, BOOKING DETAILS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND"AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.TO THE MAXIMUM EXTENT PERMITTED BY LAW, WashUp DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IF YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT OR DATA FROM THE SITES, YOU DO SO AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY ASSOCIATED DAMAGES TO YOUR COMPUTER OR LOSS OF DATA

 

 6. Limitation of Liability

 

EACH CARWASH AFFILIATE IS THE SUPPLIER OF THE SERVICES PRESENTED ON THE SITES AND EACH CARWASH AFFILIATES, AND NOT WashUp SHALL BE FULLY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LAW RELATED THERETO AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, AND LIABILITIES CAUSED BY OR ARISING IN RESPECT OF ANY SUCH SERVICES. YOU HEREBY RELEASE WashUp FROM ANY LIABILITY RELATED TO THE FOREGOING. ANY DISSATISFACTION A USER MAY HAVE WITH A CARWASH JOB MUST BE TREATEDDIRECTLY WITH THE CARWASH AFFILIATE AND MAY NOT BE HELD AGAINST WashUp. WashUp SHALL NOT BE LIABLE TO ANY USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER ANY CLAIM, IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, (EVEN IF WashUp SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WashUp WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ITS CARWASH AFFILIATES OR THIRD PARTY BUSINESSES. WashUp ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. WashUp ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITES, FOR ANY ERROR, DEFAMATION, LIBEL,SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. WashUp AND ITS SERVICE PROVIDERS’ TOTAL LIABILITY FOR ANY PARTICULAR CLAIM ARISING FROM OR RELATED TO THE SITES IS LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO WashUp OR A CARWASH AFFILIATE WITH RESPECT TO SUCH CLAIM. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.YOU AND WashUp AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND WashUp AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.IF YOU ARE DISSATISFIED WITH THE SITES OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

 

 7. Your Account, Password, and Security

 

Use of the Portals’ Service requires that you register and/or create an account ("Account") or use the Portals as a guest. To register and create an Account, you must select an account designation (your email address) and password and provide certain personal information including but not limited to your postal address, telephone number, and payment information. In consideration of the use of the Portals' Service, you agree to: (a) provide true,accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WashUp has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WashUp has the right to refuse any and all current or future use of the Portals (or any portion thereof).You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify WashUp of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. WashUp will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.As part of your registration, you will give us certain personal information, which will be used by us in accordance with our Privacy Policy. By agreeing to these Terms, you are also consenting to receive marketing and advertisement emails from us from time to time. You may opt-out of these messages by clicking the “unsubscribe” link at the bottom of each email. Your request will be treated within 48 hours.

 

 8. Confidentiality — Privacy Policy

 

In the performance of the services, WashUp and its Car Wash Affiliates may have access to personal information pertaining to Users and which WashUp wants to protect from disclosure. WashUp undertakes to hold all of personal information it receives from its Users in strict confidence and neither to disclose or release in any manner such personal information to any third party, nor to use such personal information with any third party, nor to use such personal information for any other purpose than the one for which User has disclosed same in accordance with its Privacy policy which is incorporated to these Terms of Use by reference.

 

 9. Links

 

As a courtesy to you, the Portals may offer links to other websites. Some of these websites may be affiliated with WashUp while others are not. WashUp is not responsible for the contents of any website pages created and maintained by organizations independent of WashUp. Visiting any such third-party website pages is at your own risk. WashUp has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by WashUp. By using the Portals you acknowledge that WashUp is responsible neither for the availability of, nor the content located on or through any third-party website pages.

 

 10. Intellectual Property

 

WashUp.ca is a proprietary domain name of WashUp. WashUp is a trademark of Washup Auto Detailing, Inc. You may not use or reproduce WashUp’s name, trademarks, service marks or logos or other proprietary information of WashUp without our express written consent. The Portals, including but not limited to its graphics, logos, page headers, icons and service names constitute the property of WashUp and its affiliates. Other trademarks that appear on the Portals are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WashUp. Any images of persons or personalities contained on the Portals are not an indication or endorsement of WashUp or any particular product unless otherwise indicated.

 

 11. Consideration

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Portals and receipt or use of data, content, products and/or services through the Portals, the possibility of our review, and the possibility of publicity and promotion from our review.

 

 12. Jurisdiction, Applicable Law, and Limitations

 

 For any suit or proceeding to enforce the provisions of these Terms of Use, WashUp and the User irrevocably consent to the exclusive jurisdiction of the federal (if applicable) or Provincial Courts of the Ontario, in the City of Toronto. WashUp and the User agree further that these Terms of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of the City of Toronto, excluding its conflicts-of-law rules. YOU AGREE TO WAIVE YOUR RIGHT TO A TRIAL BY JURY.

 

 13. Amendments to the Terms of Use

 

These Terms of Use may be amended from time to time by WashUp, at its sole discretion. Any revised Terms of Use will appear at the top of the document with the mention "revised as of MM/DD/YYYY" on this page www.washup.ca/terms-of-use. If you do not agree to these Terms of Use at any time, you should not conduct any more transactions or participate in any other activity through the Portals. Your use of the Portals after any such changes indicates that you agree to such changes.

 

 14. General

 

 a. Enforceability.

 

 If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to Terms contained herein.

 

 b. Entire Agreement.

 

Except as expressly provided in a particular "Privacy Policy" posting or other notice on particular pages of the Portals, these Terms of Use, which hereby incorporate by reference the WashUp's Privacy Policy, constitute the entire agreement between you and WashUp, superseding all prior agreements regarding the Portals.

 

 c. No Waiver.

 

The failure of WashUp to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to,acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes,fires, floods or other catastrophes.

 

 d. Headings & Construction.

 

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

 

 e. Contact WashUp.

 

 For purposes of providing notice of cancellation or termination, contact us at support@washup.ca.

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