TERMS OF SERVICE
Welcome to Speedbuddy.com.au, the website and online service of Speedbuddy Pty Ltd. (“Speedbuddy Pty Ltd.,” “we,” or “us”).
We refer to all of the services we provide, including car washes, as the “Service.”
By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as outlined in the Speedbuddy Pty Ltd. Privacy Policy, whether or not you are a registered user of our Service.
This Agreement applies to all visitors, users, and others who access the Service (“Users”).
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. USE OF OUR SERVICE
A. ELIGIBILITY
You may use the Service only if you can form a binding contract with Speedbuddy Pty Ltd., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Speedbuddy Pty Ltd..
B. CAR WASH SERVICES
Speedbuddy Pty Ltd.’s obligations.
As part of our Service, you may order, and Speedbuddy Pty Ltd.’s representatives may provide car wash Services for your vehicle. Speedbuddy Pty Ltd. uses reasonable efforts to ensure that the car wash will be provided in a professional and satisfactory manner. You understand and agree, however, that Speedbuddy Pty Ltd. does not guarantee that your car wash will be performed to your satisfaction, that it will meet your needs, or that it will meet any applicable industry or professional standards.
You hereby acknowledge and agree that Speedbuddy Pty Ltd.’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle resulting from a car wash performed by Speedbuddy Pty Ltd.’s representatives or your interactions with a Speedbuddy Pty Ltd. representative) will be as is set forth in the Limitation of Liability section below.
Your obligations.
If you choose to make a reservation for a car wash Service, then you must: (1) verify the location of your vehicle before submitting a car wash reservation; (2) ensure that the car wash Services are available in your location; (3) leave your vehicle in a public location where a Speedbuddy Pty Ltd. representative is authorized to enter and perform the car wash; and (4) ensure that there is at least a one (1) foot perimeter around all sides of your car to allow Speedbuddy Pty Ltd. representatives to perform the car wash. You understand that it is your responsibility to remove all valuables from your vehicle before our representative arrives to wash your car. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. Failure to adhere to your obligations hereunder may result in our inability to provide you with a car wash. In no event will Speedbuddy Pty Ltd. be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
For more information about our car wash Services, please review our How Speedbuddy Pty Ltd. Works Page.
2. OUR PROPRIETARY RIGHTS
Speedbuddy Pty Ltd. Content. Our online and mobile Service, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Speedbuddy Pty Ltd. Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Speedbuddy Pty Ltd. and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Speedbuddy Pty Ltd. Content. Use of the Speedbuddy Pty Ltd. Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Ideas. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Speedbuddy Pty Ltd. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Speedbuddy Pty Ltd. does not waive any rights to use similar or related ideas previously known to Speedbuddy Pty Ltd., or developed by its employees, or obtained from sources other than you.
3. PAID SERVICES
A. BILLING POLICIES
If you elect to purchase a car wash on or through our online or mobile Service, you agree to pay the amount presented on the billing screen and as set forth on our How Speedbuddy Pty Ltd. Works page. Speedbuddy Pty Ltd. may add new services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. Speedbuddy Pty Ltd. will bill your credit card once we receive notice from our representative that your car wash is complete.
B. CANCELLATION POLICY
You may cancel your car wash reservation at any time before the Speedbuddy Pty Ltd. representative arrives to wash your vehicle. Reservations cannot be canceled once the Speedbuddy Pty Ltd. representative arrives to wash your car.
C. NO REFUNDS
Once a car wash is completed and your credit card has been charged, you will not be entitled to a refund for any reason.
D. PAYMENT INFORMATION; TAXES
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
4. PRIVACY
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in Australia.
5. SECURITY
Speedbuddy Pty Ltd. cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. THIRD-PARTY LINKS
The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by Speedbuddy Pty Ltd.. Speedbuddy Pty Ltd. does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Speedbuddy Pty Ltd.’s Privacy Policy do not apply to your use of such sites. You expressly relieve Speedbuddy Pty Ltd. from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Speedbuddy Pty Ltd. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
6. THIRD-PARTY LINKS
The Service may contain links to third-party websites, services, special offers, or other events or activities that are not owned or controlled by Speedbuddy Pty Ltd.. Speedbuddy Pty Ltd. does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Speedbuddy Pty Ltd.’s Privacy Policy do not apply to your use of such sites. You expressly relieve Speedbuddy Pty Ltd. from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Speedbuddy Pty Ltd. shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
7. INDEMNITY
You agree to defend, indemnify and hold harmless Speedbuddy Pty Ltd. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any car wash Services received by you and performed by Speedbuddy Pty Ltd. representatives; (ii) any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder (including the car wash Services), (iii) your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above; (iv) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (v) your violation of any applicable law, rule or regulation; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
8. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Speedbuddy Pty Ltd. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE SERVICES HEREUNDER, INCLUDING THE CAR WASH SERVICES PERFORMED BY Speedbuddy Pty Ltd.’S REPRESENTATIVES, OR ANY LOSSES OR DAMAGES THAT MAY RESULT THEREFROM. THE SERVICE, INCLUDING OUR CAR WASHES, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE QUALITY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Speedbuddy Pty Ltd., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.