These Terms apply to your use of Beyond Wash mobile app and/or other relevant online and offline platforms, and all information, advice and/or Related Services (as defined below) provided to you through the use of Beyond Wash. Beyond Wash is a mobile app of Beyond Wash Ltd, which provides car cleaning and beauty services.
Please read these Terms of Service carefully. By using Beyond Wash or the Related Services, you acknowledge and agree to be bound by these Terms of Service and the privacy policy. If you do not agree to these Terms of Service and the privacy policy, please do not install Beyond Wash mobile app or use the Related Services of Beyond Wash. If you have already downloaded Beyond Wash mobile app, please delete it.
- Unless otherwise defined, the following definitions and interpretation rules apply to these Terms and conditions:
- "Advertisements" means any promotional information and materials that may appear on your mobile device when this App is used;
- "Service Provider" means a person or operator who provides or may be required to provide its services through the use of Beyond Wash;
- “Related Services” means any services we provide to you through your use of Beyond Wash, including the services described in Article 3(1);
- "App" refers to the Beyond Wash mobile app provided by us and downloaded and installed by you on your mobile device, through which you can access the Related Services;
- “Terms” means these terms and conditions, which may be modified and supplemented by us from time to time in accordance with Article 10.
- Headings are for convenience only and shall not affect the interpretation of these Terms. Words denoting the singular shall include the plural, words importing the masculine gender shall include the feminine gender and the neuter, and vice versa.
- Reference to individuals, corporations, trusts, partnerships, unincorporated groups or other entities shall include any of them.
Licence of this App
- Subject to your compliance with these Terms, we grant you a limited, non- exclusive and non-transferable license to download and install this App on your mobile device for your personal use only.
- Except for the non-transferable personal rights to use and accept the Related Services in accordance with these Terms, you will not obtain any intellectual property rights (including but not limited to copyrights, trademarks, patterns, photos, animations, videos and texts, or any rights in this App) of Beyond Wash Ltd or the intellectual property rights of other third parties or advertisers of Beyond Wash Ltd by using Beyond Wash.
- You are not allowed to do the following in relation to this App:
- sub-license, sell, resell, transfer, assign, distribute or otherwise commercially use or provide the Related Services or this App in any manner to any third party;
- modify or create derivative works of the Related Services or this App;
- set up network connection to “connect” to the Related Services or “embed” or “copy” this App to any other server or wireless or network connected device;
- carry out reverse engineering or use this App to do the following:
- design or create a competitive product or service;
- design or create a product with concept, feature, function or pattern similar to the Related Services or this App;
- copy any concept, feature, function or pattern of the Related Services or this App;
- launch an automatic app or script, including but not limited to web spider, web crawler, web robot, web ant, web indexer, robot app, virus or computer worm, or any app that can issue multiple server requests per second or overburden or hinder the operation and/or execution of the Related Services or this App.
Services
- Beyond Wash Ltd offers Beyond Wash as a technology platform, which allows you to access car cleaning or beauty services by using Beyond Wash. By using Beyond Wash, you may send car cleaning or beauty service requests to Beyond Wash Ltd (with your contact information and detailed information about the requests). Beyond Wash Ltd will send your car cleaning or beauty requests to the service provider. If the service provider accepts the request, Beyond Wash will notify you and instruct the service provider to provide the services at the designated time and place.
- You must ensure that the account and password provided by Beyond Wash Ltd for you to use Beyond Wash and the Related Services are not disclosed to any third party.
- Anyone who accesses the services of Beyond Wash with your mobile device, account and password is deemed to be yourself or have obtained your authorization to use the same.
Use of Beyond Wash and the Related Services
You undertake and warrant that: - All information and details you provided to Beyond Wash Ltd (including but not limited to those provided via this App) are true, accurate, complete and up-to-date;
- You will not use Beyond Wash or the Related Services for the following purposes:
- any illegal purpose;
- interfere, damage, weaken it or reduce its efficiency in any way of use;
- login or attempt to login the account of another user, or infiltrate or attempt to infiltrate any security measure;
- advertise or promote a third party’s or your product or service;
- You shall comply with all applicable laws when using Beyond Wash or the Related Services;
- You will not use Beyond Wash or the Related Services to cause nuisance, annoyance or inconvenience;
- You will not do anything that will damage the reputation of Beyond Wash Ltd;
- You will provide proof of identification as reasonably requested by Beyond Wash Ltd; and
- In case Beyond Wash Ltd is complained against or sued by any other person due to your breach of these Terms, you shall fully indemnify and defend Beyond Wash Ltd.
- If Beyond Wash Ltd has reasonable grounds to believe that you have breached these Terms or Beyond Wash Ltd considers that you are abusing Beyond Wash or the Related Services, Beyond Wash Ltd will suspend, restrict or terminate your use of Beyond Wash and the Related Services at any time without prior notice or liability in any way. However, this does not limit any rights that Beyond Wash Ltd may exercise against you in accordance with these Terms of Service or other laws.
Fees and payment
General use of this App is free of charge. For details of the charges for car cleaning or beauty services provided by Beyond Wash, please refer to the latest fee schedule set out in this App. Beyond Wash Ltd will modify and update the service charges any time without notice. You agree to pay the service fees for the car cleaning or beauty services you choose to Beyond Wash Ltd in full and ensure that the payment is valid. Promotional activities
Beyond Wash Ltd will provide promotional activities at Beyond Wash from time to time. Beyond Wash Ltd reserves the right to modify, suspend, withdraw or terminate any and all such promotional activities without notice. Links and Advertisements
Beyond Wash may contain Advertisements and links to third-party websites. Beyond Wash Ltd shall not be responsible for the contents, legality and accuracy of third- party websites and Advertisements. Beyond Wash Ltd provides links to third-party websites for your convenience only, which does not mean that the contents of such third-party websites are endorsed and responsible by Beyond Wash Ltd. If you link to a third-party website or Advertisements, you are solely responsible for all risks arising therefrom. Beyond Wash Ltd shall not be responsible for any transactions between you and any advertiser or third-party website operator. Agreement on damages
By accepting this Terms and using Beyond Wash or the Related Services, you agree to hold Beyond Wash Ltd, the affiliated companies of Beyond Wash Ltd and their employees, directors, other users, lawyers and agents harmless from: - any complaint or compensation request (including but not limited to settlement fees, attorney fees or litigation fees) arising from your breach of these Terms of Service or any applicable laws (whether mentioned herein or not);
- any complaint or compensation request (including but not limited to settlement fees, attorney fees or litigation fees) arising from your infringement of any rights of any third party (including service providers arranged through Beyond Wash), or
- all complaints, costs, damages, losses, liabilities, expenses, compensations (including but not limited to attorney fees and litigation fees) caused or suffered by improper use of Beyond Wash or the Related Services.
Disclaimer
- This App and any contents in this App are offered on an as-is basis, Beyond Wash Ltd does not warrant that:
- this App is compatible with your mobile device;
- this App and the website of Beyond Wash Ltd are free of errors, defects, malware and viruses;
- this App and the website of Beyond Wash Ltd are correct, up-to-date and accurate.
- Beyond Wash Ltd does not guarantee the availability of the Related Services, nor does it guarantee the quality, applicability and timeliness of the services provided by the service providers.
- The service provision time of any car cleaning or beauty service that has been undertaken is merely the best estimate. If the actual time required for the above service exceeds any of the above estimate or your expectation for any reason, Beyond Wash Ltd shall not be responsible. However, in the above circumstance, Beyond Wash Ltd is willing to assist in communication and settlement of relevant dispute.
- Beyond Wash Ltd is committed to ensuring that service providers cherish your car when providing car cleaning and beauty services. If your car is damaged during the service, the compensation liability of Beyond Wash Ltd shall be capped at HK$3,000. You have to provide the order number, the time and location of the damage to the car, the photo of the damaged part and the evaluation report of an independent surveyor (you shall be responsible for the relevant evaluation fees) by email (to [email protected]) to Beyond Wash Ltd for verification. Each car under each user account (based on the chassis number) is entitled to compensation once only.
Amendments to these Terms and the Related Services
Beyond Wash Ltd reserves the right to amend the contents of these Terms, or change, suspend or terminate Beyond Wash and the Related Services (including but not limited to the availability of any function or content) any time as it deems necessary. When Beyond Wash Ltd makes the above amendment, change, suspension or termination, it will notify you through Beyond Wash. Such notice will be effective and binding on you at the time of posting. Beyond Wash Ltd also reserves the right to impose restrictions on certain functions or services without notice. Personal information and privacy
- In order to use the services provided by Beyond Wash Ltd, you agree to provide specific registration information to Beyond Wash Ltd during your use of this App or the Related Services, including but not limited to personal identity, car information, location and contact information (hereinafter referred to as "Personal Information").
- In addition to the above information, you agree that Beyond Wash Ltd may, through a software, automatically collect specific information (hereinafter referred to as "Technical Information") generated in the process of the user’s use of the software, and record and retain the above Technical Information.
- The user agrees to the privacy policy set out in Beyond Wash of Beyond Wash Ltd and/or below, and agrees to accept the privacy policy as modified or amended by Beyond Wash Ltd from time to time (with or without notice).
- By using the Beyond Wash mobile app or other Related Services, you hereby expressly agree to the collection, processing and international transmission of your Personal Information and Technical Information by Beyond Wash Ltd in accordance with the above privacy policy. The user also agrees that if Beyond Wash Ltd transfers its company or services to a third party, it will transfer the above-mentioned Personal Information and Technical Information together with the user's consent to the third party. If you object to such use for any reason, you may request to access, provision of a copy, supplement, correct or delete the Personal Information in writing at any time, and request to cease such applications. The above requests shall be sent to Beyond Wash Ltd via [email protected].
Credit card information processing
Beyond Wash Ltd uses Stripe, Inc. (in the mobile app and website) as the credit card processing company. The entire credit card payment process is provided by the credit card processing company in compliance with the PCI DSS security standards. During your credit card payment process, Beyond Wash Ltd and Beyond Wash will not store any information about your credit card. Miscellaneous
- Without prior written consent of Beyond Wash Ltd, you may not assign or transfer any of your rights and obligations under these Terms to any third party. Beyond Wash Ltd may assign or transfer any rights and obligations of Beyond Wash Ltd under these Terms to any third party.
- Beyond Wash Ltd may notify you by posting general notices in Beyond Wash or sending SMS to the phone number in your account information with Beyond Wash Ltd.
- In case any part of these Terms and conditions is deemed illegal or unenforceable for any reason, such part will be deemed separated from these Terms and conditions, and the validity and enforceability of all other terms of these Terms and conditions shall not be affected.
Legal interpretation and jurisdiction
This contract shall be interpreted in accordance with and governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong"). In case there is any dispute, the parties shall submit to the exclusive jurisdiction of the courts of Hong Kong.