Terms and Conditions
By using and accessing this website, www.washmy.bike (collectively referred to as the "Site" or "Washmy.bike" or “App” in these Terms of Service), you ("you", "user" or, "end user") agree to these Terms of Service (collectively, the "Terms of Service" or "Agreement").
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
Provision of Booking Services
Accepting bookings requested by you , Wash My Bike’s (Wash My Bike LLP) rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking;
Keeping records of bookings;
Remotely monitoring bookings using the Wash My Bike Site or App;
Receiving and dealing with feedback, questions and complaints relating to bookings accepted by Wash My Bike, which may be made by email: firstname.lastname@example.org. You are encouraged to provide your feedback if any of the services provided do not conform to your expectations,
in each case in accordance with any relevant provisions of the Legislation.
Pursuant to, and for the purposes of the Legislation, Wash My Bike accepts bookings at its registered address and/or operating centres and is subject to all statutory and regulatory obligations and liabilities with respect to that activity.
The Booking Services are provided by Wash My Bike to you free of charge. Wash My Bike reserves the right to introduce a fee for the provision of the Booking Services. If Wash My Bike decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the Wash My Bike App at your option.
If the customer does not arrive on time (no later than 15 minutes) to the appointment booked via the Site or the App then a full amount is to be charged to the customer 30 minutes after the booked time.
There is going to be no cancellation fee if the booking is cancelled more than 24 hours in advance. A cancellation fee of 50% is to be charged if a customer cancels the booking between 24h and 2h before the booked time.
The rates that apply for the services provided by Wash My Bike can be found on the Website and through the Wash My Bike App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the transportation services.
All Charges are due immediately and payment will be facilitated as soon as practicable by Wash My Bike using the preferred payment method designated in your Account, after which Wash My Bike will send you a confirmation by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Wash My Bike may use a secondary payment method in your Account, if available.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Wash My Bike’s vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”).
Limitation of Liability
To the extent permitted by applicable law, Wash My Bike will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property, damage of the person’s property in connection with the Booking Services or any booking accepted and service provided by Wash My Bike;
any booking that has not been accepted;
any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the Website or an App;
any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions;
any loss relating to your business or the business of your employer or any other person;
any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or
any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services or Services Provided (detailed under Services paragraph) to you, save to the extent that Wash My Bike fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services.
If Wash My Bike is liable to you in connection with the Booking Services or Services, its liability will be limited to an amount equal to £200 in aggregate.
Nothing in these Terms and Conditions will limit or exclude Wash My Bike’s liability to you for personal injury or death caused directly by Wash My Bike's negligence.
The Services and all rights therein are and shall remain Wash My Bike’s property or the property of Wash My Bike’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Wash My Bike’s company names, logos, product and service names, trademarks or services marks or those of Wash My Bike’s licensors.
The Services constitute a technology platform that enables users of Wash My Bike’s mobile applications or websites provided as part of the Services pre-book and schedule vehicle washing and maintenance as well as provision of a vehicle washing and maintenance at one of the company’s service locations that can be found through the Website or App .
Unless otherwise agreed by Wash My Bike in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Wash My Bike.
User Requirements and Conduct
The Service is not available for use by persons under the age of 14 unless accompanied by a guardian . You may not authorize third parties to use your Account, and you may not allow persons under the age of 14 to receive vendor services from unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Wash My Bike or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services.
Wash My Bike may, in Wash My Bike’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Wash My Bike establishes on a per promotional code basis (“ Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Wash My Bike; (iii) may be disabled by Wash My Bike at any time for any reason without liability to Wash My Bike; (iv) may only be used pursuant to the specific terms that Wash My Bike establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Wash My Bike reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Wash My Bike determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content
Wash My Bike may, in Wash My Bike’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Wash My Bike through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Wash My Bike, you grant Wash My Bike a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Wash My Bike’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Wash My Bike the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Wash My Bike’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Wash My Bike in its sole discretion, whether or not such material may be protected by law. Wash My Bike may, but shall not be obligated to, review, monitor, or remove User Content, at Wash My Bike’s sole discretion and at any time and for any reason, without notice to you.
Governing Law & Juristiction
Except as otherwise set forth in this Agreement, the Terms contained in this Part of this Agreement shall be exclusively governed by and construed in accordance with the laws of The UK, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be UK, without prejudice to any rights you may have under Article 18 of the Brussels I bis Regulation (OJ EU 2012 L351/1). The language of the mediation and/or arbitration shall be English. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.