Terms & Condition
These terms of use (the "Terms") govern the access and use by the user (the "User") of the services, as better specified below (the "Services"), made available by Dac Wash Limited, a company based in Malta, on its own technological platform that can be used by Users via mobile applications or the www.dacwash.com website (the "Site") owned by Dac Wash Limited (each, an "Application").
Use of the Services is subject to acceptance by the User of these Terms. If the User does not accept these Terms, it will not be possible to access or use the Services. These Terms are published on the Site in order to allow their knowledge and memorization by the User.
Dac Wash reserves the right to modify its Terms at any time without notice. The changes will come into force with the publication by Dac Wash of these updated Terms on its Site. The use of the Services by the User after such publication is subject to acceptance of the changes or additions made to the Terms.
SERVICES
The Services mainly include home washing, even on public roads, of cars and motorcycles, and in particular:
- vehicle exterior cleaning, glass, rims and black tire application
- cleaning of vehicle interiors.
The provision of the Services by Dac Wash takes place both through the use of its specialized staff and with the help of third party suppliers linked by a contractual relationship with the same Dac Wash (the "Third Party Suppliers"). Dac Wash reserves the right to modify the functioning of the Services offered, or in general, to suspend the offer or access to the Services or part of them, at any time and for any reason.
The Services mainly include the washing of motor vehicles and motorcycles, and in particular:
- cleaning all external surfaces of the vehicle with dedicated products, with particular reference to the bodywork, exposed surfaces of the windows and the rims, if your vehicle is higher than 1.70 m you will need to provide a ladder to our washer.
- cleaning the vehicle interior with dedicated products, with particular reference to plastics, internal windows, fabrics, door stops, floor mats and suction of footrest compartments and trunk. Any objects inside the vehicle will be moved in order to carry out a thorough washing, to be immediately repositioned in the original place. In the case of cleaning the interior of the passenger compartment, the User is required to directly (or through a person delegated by him) to open and close the vehicle, without there being therefore the need to hand over the car keys to the Washer
- the sanitization of passenger compartments and air filters of motor vehicles through the use of an aerosol can. In the event of sanitation, the User is required to directly (or through a person delegated by him) to start the car engine and to adjust the air conditioning system to maximum power (setting it to "recirculation"), necessary operations the correct provision of the sanitation service. If the User is unable to carry out these operations, he can request the execution of the same from the Washer, who will return the keys at the end of the operations.
- For the correct execution of the Services (vehicle status, quality control, etc.) the acquisition of some photos of the vehicle by the Washer may be necessary. These photos will be visible only to the User on the Application and will never be transferred to third parties.
- The Services may be made available or accessible in connection with third party services and content (including advertising), which Dac Wash does not control. The User acknowledges that the use of these third-party services and content may be governed by specific terms of use and privacy policies different from these Terms. Dac Wash is not responsible for the products or services of these third party suppliers as well as for the content present on the relative websites, or for any change or update to third party products, services and websites.
USE OF SERVICES
Account registration
In order to use most of the features of the Services, the User must register and maintain an active personal user account for the Services (the "Account"). The User must be at least 18 years of age, or the legal age of majority in their jurisdiction (if different from 18 years of age), to register and obtain an Account. To register the account, the User must provide Dac Wash with some personal information, such as name, email, mobile phone number and a valid payment method (credit card).
The User undertakes to provide and maintain accurate, complete and updated information in the Account. Any failure to comply with the commitment to maintain accurate, complete and updated Account information, including keeping a valid payment method on file, may result in the inability to access and use the Services. The User is responsible for all activities that occur on his Account, and undertakes to maintain the security and secrecy of his username and password of the Account at all times. Unless otherwise permitted by Dac Wash in writing, each User is entitled to be the holder of only one Account.
User Requirements
The Services cannot be used by persons under the age of 18. The User cannot authorize third parties to use their Account, and cannot allow persons under the age of 18 to receive the Services, except in the presence of the User. The User may not assign or otherwise transfer their Account to any other person or entity. The User undertakes to comply with all applicable laws when using the Services, and to use the Services only for legitimate purposes.
Push Notifications
By creating an Account, the User accepts that Dac Wash can send information text messages (Push Notification), as part of the normal operational use of the Services.
Promotional Packages
Dac Wash may, at its sole discretion, create promotional packages that can be redeemed to credit the Account, or for other features or benefits related to the Services and / or services of Third Party Suppliers, subject to the additional conditions that Dac Wash establishes in based on promotional packages ("Promotional Packages").
The User acknowledges that the Promotional Packages:
- must be used for the intended recipients and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any way, or made available to the general public (published in a form accessible to the public or otherwise), unless expressly authorized by Dac Wash;
- can be disabled by Dac Wash at any time, for any reason, without any responsibility towards Dac Wash;
- they can be used only in accordance with the specific terms that Dac Wash establishes for such Promotional Packages;
- they are not valid as a form of liquidity;
- may expire before being used.
Dac Wash reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Packages by the User in the event that Dac Wash determines or believes that the use or refund of the Promotional Packages was due error, fraudulent, illegal, or in violation of the terms of the applicable Promotional Packages or these Terms.
Access to Network and Devices
The User is responsible for obtaining access to the data network necessary to use the Services. Any costs for messaging and data transmission of the mobile network applicable for access to the Applications and the use of the Services are the sole responsibility of the User. The User is responsible for acquiring and updating the compatible hardware or devices necessary to access and use the Services and Applications and related updates. The User acknowledges and accepts that Dac Wash assumes no responsibility for any unavailability, suspension or interruption of the Applications and Services due to malfunctions and / or delays in the use of the Internet and electronic communications.
Failure to wash due to adverse weather conditions
Dac Wash reserves the right to cancel a washing service until the last useful moment in the event that the weather conditions do not allow the execution of the same or make it unnecessary to clean the vehicle (example: rain, storms, snow, etc. ). In the event that the aforementioned condition occurs, the User will be notified by Dac Wash of the inability to perform the Service.
Failure to wash due to customer responsibility
The User undertakes to provide Dac Wash with all the information requested by Dac Wash for the purpose of accurately identifying the vehicle and correctly performing the Services, in a complete and truthful manner. The User accepts that in the event of sending incorrect and / or incomplete information to Dac Wash, Dac Wash may not be able to provide the Service. If Dac Wash is in the position of not being able to perform the Service due to incomplete and / or incorrect communication of information by the User, Dac Wash will have the right to charge the User for the full value of the booked Service.
Licenses Granted by Company to Company Content and User Content
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license:
1) to view, download and print any Company Content solely for your personal and non-commercial purposes;
2) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights of any kind are granted to you by implication or otherwise by Company or its licensors, except for the licenses and rights expressly granted in this section.
License Granted by User
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty- free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
Disclaimer of Warranties
The company makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or application. the company does not represent or warrant that (a) the use of the service or application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the service or application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or application will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and application is provided to you strictly on an “as is” basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. the company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or application. you acknowledge and agree that the entire risk arising out of your use of the application and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
Internet Delays
The company’s service and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. the company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). the company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or application, including but not limited to the use or inability to use the service or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if the company and/or its licensors have been previously advised of the possibility of such damages.
In case the User (or the person designated by him) decides to hand over the vehicle keys to the Washer for the provision of specific Services (eg internal washing, sanitation, ...) instead of managing the activities necessary for the correct performance of the same (vehicle opening, engine ignition, ...) in first person Dac Wash cannot be held responsible in any way for any damage deriving or connected.
General Provisions
The User may not assign or transfer, in whole or in part, these Terms and rights deriving from them without the prior written consent of Dac Wash. The User gives his consent to Dac Wash so that it can assign or transfer, in whole or in part, these Terms and rights deriving from them including to:
1) a subsidiary or associated company;
2) a buyer of Dac Wash's capital, business or assets; or
3) a successor following a merger.
Should any part of these Terms be considered invalid or unenforceable, that part must be interpreted, consistent with applicable law, in such a way as to reflect, in the best possible way, the true intention of the parties, and the remaining provisions must remain fully valid and effective.
These Terms constitute the entire Agreement and agreement between Dac Wash and the User with reference to its object and occur and replace and waive all previous or contemporary agreements or commitments relating to the same object.
Dac Wash may send the User notification by means of a general notice on the Services, by e-mail to the e-mail address indicated in the relevant Account. The User can notify Dac Wash by written communication to the Dac Wash address:
Aquilina flat, Triq Garcin, Msida, MSD 1033, Malta.
These Terms are governed by Maltese law.
The User declares to have carefully read, understood and specifically approved the content of the following clauses: Access to the Network and Devices, Failure to wash due to adverse weather conditions and Failure to Wash due to Customer Responsibilities, Disclaimer of Warranties and Limitation of Liability.