Last Updated: This Agreement was last revised on July 13, 2017.
IMPORTANT: BY ACCESSING OR OTHERWISE USING THE SERVICES AND/OR BY CLICKING THE APPLICABLE BUTTON TO COMPLETE THE REGISTRATION PROCESS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE SERVICES OR ANY COMPONENT OF THE SERVICES. PLEASE PRINT A COPY OF THESE TERMS OF USE OR SAVE THEM ON YOUR DEVICE IN THE EVENT THAT YOU NEED TO REFER TO THEM IN THE FUTURE.
These Wash4Less Terms of Use (the “Agreement”) represent a legally binding contractual agreement between Wash4Less (a division of Carwashfinder Inc.), together with its subsidiaries and affiliates (“Wash4Less”, “Our”, “Us” or “We”) and you (“You” or “Your”) and applies to Your use of the Services (as defined below) and each component of the Services regardless of the type of computer, tablet, smartphone or other device ("Device") used to access the Services, including all enhancements, updates, versions and modifications to the Services or any component of the Services. You acknowledge that this Agreement is between You and Wash4Less and that Wash4Less and its licensors are responsible for the Services or any component of the Services.Description of the Services. Wash4Less operates a website and mobile device application that allows customers to locate participating carwashes within their geographical location, operated by carwash owners and operators (“Operators”). Customers can use the Services to purchase carwash products and services offered by participating Operators’ (including carwash codes) at a discount to their normal retail price on a subscription basis. The services offered by Wash4Less include: (i) any Wash4Less-branded software, application or website (including www.wash4less.ca); (ii) any services offered on any Wash4Less-branded software, application or website; (iii) the ability to purchase Operators’ products and services from Wash4less; and (iv) any other features, content, services or applications offered or operated from time to time by Wash4Less in connection with Wash4Less’s business that are targeted at users and customers of carwash facilities (collectively, the “Services”). For the avoidance of doubt, while Wash4Less provides a facility for customers to purchase access to Operators’ products and services through the Services, each product or service which a customer ultimately receives is provided by an Operator under that Operator’s own terms and conditions.
Scope of this Agreement. By accessing or otherwise using the Services, You agree to be bound by this Agreement and such other terms and conditions specified in the application or website (which shall be incorporated herein), whether You are a "Visitor" (which means that You are simply browsing the website or otherwise using the Services without being registered) or You are an "Member" (which means that You have created an account with Wash4Less). The term "User" refers to a Visitor or a Member. You are authorized to use the Services (regardless of whether Your access or use is intended or not) only if: (i) You agree to abide by all laws, rules and regulations applicable to Wash4Less and the Services ("Applicable Law"); (ii) You indicate Your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; (iii) You agree to comply with any applicable third party terms and conditions (including any Apple or Google terms and conditions) in connection with your use of the Services; (iv) You consent to the installation of the Services and all related components and software on your Device; and (v) You agree that your purchase, use or receipt of products or services provided by third parties (including Operators) shall be subject to the applicable terms and conditions of service specified by such parties.
Acceptance. By accessing, receiving or otherwise using the Services, You agree, without limitation or qualification, to be bound by and to comply with this Agreement. If you do not accept and agree to be legally bound by the terms and conditions of this Agreement, then You are not authorized to download, install, access, receive or otherwise use the Services or any component of the Services and must discontinue any use of the Services.
Location of Provision of the Services. While Wash4Less operates from Canada, the Services and the personal information that We collect are transferred to and hosted in the United States and other jurisdictions. As part of Your use of the Services, You consent to the transfer of personal information outside of Canada. Wash4Less does not represent that the Services or the materials presented on or through the Services are appropriate or available for use in other locations or jurisdictions. If You access the Services from a jurisdiction other than Canada, You agree that You do so on Your own initiative, and are responsible for compliance with local laws.
Eligibility. Use of the Services is void where prohibited. By using the Services, You represent and warrant that: (i) all registration information You submit to Wash4Less is truthful and accurate; (ii) You will maintain the accuracy of such information; (iii) You have reached the legal age of majority in your jurisdiction of residence; and (iv) Your use of the Services does not violate any Applicable Law.
Modification of this Agreement. Wash4Less, in its sole and absolute discretion, but subject to Applicable Law, may change or modify all or any portion of this Agreement, at any time without further notice and without incurring any liability or obligation whatsoever to you or any other person or entity. Such changes or modifications shall be effective immediately upon posting of the revised version of the Agreement on www.wash4less.ca (the “Website”). Your continued access to and/or use of the Services after such changes or modifications have been made (as indicated by the “Last Updated” date at the top of this page) shall constitute Your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as last revised. If You do not agree to such amended or modified Agreement, You must immediately stop accessing and/or using the Services.
Changes to the Services. Wash4Less reserves the right, in its sole and absolute discretion, to modify, suspend or terminate the Services (or any part thereof), either temporarily or permanently, at any time or from time to time, without further notice and without incurring any liability or obligation whatsoever to You or any other person or entity. Without limiting the foregoing, Wash4Less may provide notice of any such changes to the Services by posting them on the Website and/or via the Services. Wash4Less reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time. Wash4Less may add or remove functionalities or features, and/or may suspend or stop a Service altogether. You agree that Wash4Less shall not be liable to You or any party for any modification or cessation of the Services. You acknowledge that Wash4Less has no express or implied obligation to provide, or continue to provide, the Services, or any part thereof, now or in the future. Wash4Less reserves the right to modify or replace any of its policies and practices related to the Services. To the extent that any of the foregoing requires a modification of this Agreement, such modification will be made in accordance with the “Modification of this Agreement” section above.
Beta Features. Wash4Less continually updates and tests various aspects of the Services, including features, tools, functions and user interfaces (“Test Items”). We reserve the right to, and by Your continued use of the Services, You agree that We may, include You in or exclude You from these Test Items without any further notice. Test Items are offered solely for experimental and evaluation purposes and without any warranty or condition of any kind, and may be modified or discontinued at any time at Our sole discretion.
The Services consist of various graphics, texts, icons, buttons, videos, software, audio and other files, images, and other materials that have been provided by Wash4Less and/or other entities under Our direction. All such content is owned by Wash4Less and/or the applicable third party entity. For greater certainty and the avoidance of any doubt, Wash4Less and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Services, including, without limitation, all such information in text, graphical, video, audio and other formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Wash4Less Content”). You hereby acknowledge that the Services and the Wash4Less Content are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property laws. Your use of the Application does not grant or transfer to you any ownership or other rights in the Services or any Wash4Less Content, and except as expressly provided, nothing herein or within the Services shall be construed as conferring on you or any other person any license under any of Wash4Less’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Wash4Less. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with Wash4Less’s ownership of the Services and/or Wash4Less’s ownership of, or any third party’s ownership of, any Wash4Less Content. You are hereby expressly prohibited from removing any proprietary notice of Wash4Less, or any third party, from any copy of the Services or any component of the Services (including, without limitation, the Wash4Less Content). Any unauthorized use of any Wash4Less Content or the Services for any purpose is prohibited.
Rights to use the Services. Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to install and use one (1) copy of the Service. Subject to the terms and conditions of this Agreement, Wash4Less hereby grants You, and You hereby accept from Wash4Less, a non-exclusive, non-assignable, non-transferable, revocable, limited license to access and use the Services or any component of the Services (including, without limitation, the Wash4Less Content) for non-commercial purposes on any Device that You own or control and as permitted by and subject to the usage rules or regulations imposed by third party terms and conditions (including without limitation in Section 9.b. of the App Store Terms and Conditions). You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. This Agreement does not grant You any rights not specifically enumerated herein. You agree that You shall not take or permit any action with respect to the Services that is not expressly authorized under this Agreement. Your limited license to use the Services is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).
Your Account, Password, and Security. In order to access and use the Services, We require You to open an account with Wash4Less (“Account”). Opening an Account requires You to complete an online registration process by providing Us with current, complete and accurate information as prompted by Us during the registration process. You represent and warrant to Us that all information that You submit when You register for Your Account is accurate, current and complete, and that You will keep Your Account information accurate, current and complete. You may be required to choose a password for Your Account. You are entirely responsible for maintaining the confidentiality of Your password and Account. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You agree to notify Wash4Less immediately of any unauthorized use of Your Account or any other breach of security. Wash4Less will not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge. However, You could be held liable for losses incurred by Wash4Less or another party due to someone else using Your Account or password. The foregoing sentence shall survive the termination or expiration of this Agreement. You may not use anyone else's Account at any time without the permission of the Account holder.
Acceptable Use. You shall not use the Services in any fashion except as expressly permitted by this Agreement. Without limiting the generality of the foregoing, You shall not and shall not encourage or assist any party to, directly or indirectly, do any of the following acts: (i) sell, reproduce, modify or attempt to modify the Services or any of Wash4Less’s Content in any way; (ii) reverse engineer, disassemble or decompile any software used to provide or access the Services, or attempt to discover or recreate the source code used to provide or access the Services; (iii) use any of the Services in any manner or for any purpose other than as expressly permitted by this Agreement; (iv) sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to You with respect to the Services to any third party; (v) remove, obscure or alter any proprietary rights notice pertaining to the Services; (vi) access or use the Services in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas; (vii) use the Services to engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (viii) use the Services to post any inappropriate Content (as defined below), such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) that violates the intellectual property rights or rights to the publicity or privacy of others; (ix) interfere with or disrupt servers or networks used by Wash4Less to provide the Services or used by other Users to access the Services, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another User's full use and enjoyment of any of the Services; (x) cause, in Wash4Less's sole discretion, inordinate burden on the Services or Wash4Less's system resources or capacity; (xi) modify, translate, or create derivative works based on any portion of the Services or any Wash4Less Content; (xii) access or use the Services in order to build a competitive product or Services or copy any features or functions of the Services; (xiii) circumvent or modify, attempt to circumvent or modify, or encourage or assist any other party in circumventing or modifying any security technology or software that is part of the Services; (xiv) impersonate or attempt to impersonate Wash4Less or Our employees (including, without limitation, the use of e-mail addresses associated with any of the foregoing); (xv) use the Account, username, or password of another User of the Services at any time; or (xvi) violate any Applicable Law. You acknowledge and additionally agree that We reserve the right to stop any conduct that restricts or inhibits other Users of the Services from fully utilizing and enjoying the Services and, further, We reserve the right to act to delete any and all text, files, documents, reports, results, information, bulletins, images, logos, photos, video, works, works of authorship or similar materials (collectively referred to in this Agreement as “Content”) that contravenes any of this Agreement or which may otherwise have a negative impact on the safe, respectful, legal, friendly and courteous operation of the Services.
The structure, organization and source code of the Services are the valuable trade secrets and proprietary confidential information of Wash4Less and its licensors. You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from the Services or any component of the Services (including, without limitation, the Wash4Less Content).
You acknowledge and agree that any and all uses of the Services are further subject to Our privacy policy, which is located at www.wash4less.ca/privacy ("Privacy Policy"). The Privacy Policy provides Your rights and Our responsibilities with regard to Our collection and use of personal information as well as Our use of internet tags, graphic tags, web beacons and cookies (collectively, “Cookies”). We will not use personal information or Cookies in any way inconsistent with the purposes and limitations provided in the Privacy Policy. By accessing or otherwise using the Services or any component of the Services, you signify that you have read, fully understand and agree to be legally bound by our Privacy Policy. The Privacy Policy may be updated from time to time at Our discretion. Changes to the Privacy Policy will be effective when We post the changes to the Website or as otherwise provided for in the Privacy Policy.
Trade-marks and Copyright. Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Services and/or Wash4Less Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of Wash4Less or other entities. Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by Wash4Less are the property of their respective owners, and, where used by Wash4Less are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or in the Services or any component of the Services may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with Wash4Less’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks or our product names within another site, you must contact us and request permission, which permission may be withheld in our sole and absolute discretion.
User Content. The Services may contain Content posted by Users or Operators ("User Content"). Except as otherwise provided within this Agreement, You may not copy, download, communicate, make available, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any User Content appearing on or through the Services.
Wash4Less’s Responsibility for Content. Wash4Less may delete any Content included in the Services that in the sole judgment of Wash4Less violates this Agreement or which may be offensive, illegal or violate the rights of any party, or harm or threaten the safety of any party. Wash4Less assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Wash4Less chooses, in its sole discretion, to monitor the Services, Wash4Less nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the party submitting such Content. Wash4Less cannot, does not and will not guarantee the accuracy, completeness and quality of any Content appearing on, or otherwise made available by, the Services, including, but not limited to, any Operator Content. You acknowledge and agree that reliance on any Content accessible through the Services is solely at Your own risk. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR THE USE, MISUSE OR RELIANCE ON ANY CONTENT.
No Duty to Correct Errors. Without limiting the preceding provisions of this Agreement, you acknowledge and agree that Wash4Less has no obligation under this Agreement to provide any maintenance and support services or correct any defects or errors in the Services, regardless of whether you inform Wash4Less of such defects or errors or Wash4Less otherwise is, or becomes aware of, such defects or errors. To the extent that Wash4Less provides You with any updates or upgrades to the Services, such updates and upgrades shall be deemed to constitute part of the Services and shall be subject to all terms and provisions set forth in this Agreement, including, without limitation, terms and provisions related to licenses, use restrictions and ownership.
Metadata. Wash4Less is continuously looking for ways to optimize and improve the Services and Our business generally. Creating and generating Metadata (as defined below) helps Us in that regard. We will, from time to time, collect data about how You interact and use the Services (“Transaction Data”). We will also, from time to time, create anonymous data and records derived from and generated by Your Transaction Data and certain demographic and other information when You register as a Member (collectively, “Metadata”). By using the Services, You hereby agree and consent to Wash4Less creating Metadata. We exclusively own all rights, including, but not limited to, intellectual property rights, in and to all Metadata and We are entitled to the unrestricted use and dissemination of all Metadata for any purpose (commercial or otherwise).
Purchases and Refunds. Any product or service purchased through the Services shall constitute a transaction between You and Wash4Less, however you acknowledge and agree that the carwash products and services which you purchase through the Services will be provided or delivered by an Operator. In the event that a product or service purchased through the Services is not honored by an Operator or there is any dispute between You and the Operator with regard to the nature or quality of the products and services purchased through the Services and provided by the Operator, You agree and acknowledge that your sole and unique recourse shall be against the Operator and You hereby irrevocably release Wash4Less in respect of any claims. Wash4Less has no control over, involvement in or association with the products and services provided by an Operator. Operators may change terms and conditions of offers from time to time. We work with Operators to accurately describe the products and services that they offer and their pricing, but typos and other errors may occur. We do not warrant that information, specifications, pricing or other with regards to products or services offered by Operators will be complete, error-free, current, reliable or accurate. If Wash4Less terminates Your Account because You have breached the Agreement or if you terminate Your account for any reason, You shall not be entitled to any refund of any unused portion of services or products purchased through the Services. Wash4Less shall not be responsible for any confirmation number, order number, numeric code and/or barcode that is provided to You to evidence the purchase or products or services.
Payment. Purchases may be paid for by providing a valid credit card or such other payment methods that We may accept from time to time (“Payment Method”). Confirmation of an order will be sent to the e-mail address on file for Your Account. Payments are processed by Our third party billing and payment processing provider (the “Billing Provider”). By approving the purchase of a product or service, You authorize Wash4Less to charge the designated Payment Method for the total amount of the purchase. When You provide Us with Your information about Your Payment Method, that information, potentially along with other Personal Information, will be shared with the Billing Provider for the purposes of processing Your payments. You hereby consent to Our disclosure of Your information to the Billing Provider for the foregoing purposes. You acknowledge and agree that Wash4Less shall have no liability to You in connection with the use and disclosure of Your Personal Information when collected by the Billing Provider. If Your Payment Method is on file with Us, all information must be kept current and valid.
We welcome Your feedback and comments regarding the Services. By submitting or providing Us with comments, messages, suggestions, ideas, concepts, feedback or other information about the Services, Wash4Less and/or its operations (collectively, “Submissions”) You thereby and hereby: (a) represent and warrant that none of the Submissions are confidential or proprietary to You or to any other party; (b) represent and warrant that none of the Submissions breach any agreement to which You are a party; and (c) grant Wash4Less an exclusive fully paid-up, royalty-free, perpetual, irrevocable, unrestricted, transferable, sub-licensable, worldwide right and license to the right to use, share and commercialize Your Submissions in any way and for any purpose. You also waive in favour of Wash4Less and its successors and assigns any and all of Your moral rights in and to all Submissions. These rights survive this Agreement.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR ACCESS TO AND USE OF THE SERVICES) ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES AND EACH COMPONENT OF THE SERVICES RESIDES WITH YOU. WASH4LESS MAKES NO REPRESENTATIONS OR WARRANTIES, AND THERE ARE NO CONDITIONS, ENDORSEMENTS, UNDERTAKINGS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, RESULTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF THE TRADE) AS TO, ARISING OUT OF OR RELATED TO THE FOLLOWING: (I) THIS AGREEMENT; (II) THE SERVICES (INCLUDING, WITHOUT LIMITATION, (A) THE PERFORMANCE OF THE SERVICES OR ITS FAILURE TO PERFORM, (B) THE AVAILABILITY OR RELIABILITY OF THE SERVICES, AND (C) THE FUNCTIONS, CONTENT AND INFORMATION MADE ACCESSIBLE OR AVAILABLE ON OR THROUGH THE SERVICES; AND/OR (III) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION OR DATA TRANSMITTED TO OR FROM WASH4LESS, YOU OR OTHERS VIA THE SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WASH4LESS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY, THE SERVICES OR ANY COMPONENT OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES OR ANY COMPONENT OF THE SERVICES WILL BE COMPATIBLE WITH YOUR MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (III) THE SERVICES OR ANY COMPONENT OF THE SERVICES WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (IV) THE SERVICES OR ANY COMPONENT OF THE SERVICES, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (V) THE USE OF THE SERVICES OR ANY COMPONENT OF THE SERVICES WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE SERVICES OR ANY COMPONENT OF THE SERVICES WILL NOT CAUSE ANY DAMAGE TO YOUR MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
You agree to indemnify and hold Wash4Less and its subsidiaries, affiliates, licensors, subcontractors and the officers, directors, employees, agents and representatives of each of them harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) the fact that you have downloaded, installed, accessed or otherwise used the Services or any component of the Services, (ii) Your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by You of any intellectual property or other right of any person or entity. You acknowledge that, in the event of any third party claim that the Services or your use of the Services infringes a third party’s intellectual property rights (an “Infringement Claim”) You will promptly advise Wash4Less. In the event of any Infringement Claim, You agree to provide, at Wash4Less's cost, all reasonable assistance requested by Wash4Less in Wash4Less's defense or settlement efforts and Wash4Less shall, in its sole discretion, have the sole authority to defend or settle such claim. In connection with any Infringement Claim, Wash4Less may, at its expense and sole option, obtain for You the right to continue using the Services or replace or modify the Services so that it becomes non-infringing. You acknowledge that Apple or Google is not responsible for the investigation, defense, settlement and discharge of any such Infringement Claim.
UNDER NO CIRCUMSTANCES WILL WASH4LESS AND/OR ITS LICENSORS OR REPRESENTATIVES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY OR USE OF THE SERVICES, INTERRUPTION IN USE OR AVAILABILITY OF DATA, STOPPAGE OR OTHER WORK OR IMPAIRMENT OF OTHER ASSETS), ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. WASH4LESS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PERSONAL INJURY, EXCEPT ONLY IN THE CASE OF PERSONAL INJURY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRED SUCH LIABILITY, OR DAMAGE TO PROPERTY ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY THE SERVICES INCLUDING WITHOUT LIMITATION FROM SERVICES AND/OR PRODUCTS OFFERED OR PERFORMED BY OPERATORS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, IN NO EVENT WILL WASH4LESS’S CUMULATIVE OR AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE IN CONNECTION WITH THE SERVICES OR OTHERWISE UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS (CAD $100.00). YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
The term of this Agreement starts upon Your acceptance of this Agreement and continues until it is terminated as provided for in the terms of this Section. This Agreement shall terminate upon written notice by either party (e-mail is accepted, provided that Your notice comes from the e-mail address associated with Your Account). Wash4Less may suspend or terminate Your access to the Services (in whole or in part), Your Account and/or this Agreement for any reason at any time, with or without cause, and with or without notice. Your account will be terminated if Wash4Less, in its absolute discretion, deems You to be abusing any of the Services or exploiting them for commercial purposes. You may terminate this Agreement and Your Account at any time by notifying Wash4Less of such termination. Upon the termination of this Agreement for any reason, all rights granted to You hereunder will terminate and, except as otherwise set forth in this Agreement, upon termination of any Services, Your right to use such Services will automatically terminate immediately. Termination of any Services includes removal of access to such Services and barring of further use of the Services and may include deletion of Your Account and all related information, files and data associated with or inside Your Account. Termination of all Services also includes deletion of Your Account and all related information, files and data associated with or inside Your Account. All provisions of this Agreement which by their nature should survive, shall survive termination of Services and/or this Agreement, including, without limitation, ownership provisions, Your payment obligations, Your representations and warranties, warranty disclaimer, limitations of liability, indemnities and the remaining sections of this Agreement.
The Services may contain links to or the Content of/from third party websites (collectively, “Third Party Websites”). Third Party Websites are not owned or controlled by Wash4Less, therefore Wash4Less has no control over any domain name, products, services, materials or other information in or available through Third Party Websites. We assume no responsibility for any Third Party Websites including, but not limited to, any content within on or available at a Third Party Website. Wash4Less makes no representations, warranties, conditions or undertakings regarding, nor endorses, any Third Party Websites. You agree that You assume all risk when accessing any Third Party Websites. Access to any Third Party Websites through the Services, regardless of whether a Third Party Website is linked from the Services, is entirely at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive devices and/or programs.
Where We require that You provide an e-mail address, You are responsible for providing Us with Your most current e-mail address. In the event that the last e-mail address You provided to Us is not valid, or for any reason is not capable of delivering to You any notices required/permitted by this Agreement, Our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You consent to receive all communications including notices, agreements, disclosures, or other information from Us electronically. We may provide all such communications by e-mail or by posting them on the Services. You may send any question, complaint or claim you may have (or any claims of any third party) relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation to: [email protected] or the following address: Wash4Less, 1225 Franklin Blvd, Cambridge, Ontario, Canada, N1R 7E5, Attention: Nathan Ewing. Nothing herein shall limit Our right to object to subpoenas, claims, or other demands.
This Agreement, your use of the Services, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Services and any related matters. You acknowledge and agree that Apple and Google, and their respective subsidiaries, are third party beneficiaries of this License, and that, upon your acceptance of this License, they will have the right (and will be deemed to have accepted the right) to enforce this License against you as a third party beneficiary thereof. This License and the documents referenced herein constitute the entire agreement between the parties with respect to the subject matter herein and cancel and supersede any prior understandings and agreements between the parties with respect to the subject matter herein. If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion. Wash4Less may assign this Agreement without your consent by providing written notice in which case the assignee shall assume the rights and obligations of Wash4Less as if the assignee were an original party to this License and Wash4Less shall be fully released from its obligations hereunder.