Terms & Conditions

Effective date: October 01, 2022

Overview

These General Terms and Conditions set out the terms and conditions applying to and governing the usage of the Vask software application which enables users to book a mobile car wash service.


To use the Vask App, you must agree to the terms and conditions that are set out below, please read them carefully before using or accessing our services.

1. Definitions

1.1. “Vask”, “we”, “our”, and/or “us” refers to the owner and operator of the software application, Oddapt Studio (Pty) Ltd a private limited company registered under the South African Companies Act 71 of 2008 with registration 2022/707651/07

1.2. “App” refers to the Vask software application

1.3. “Customer”, “you”, “your” and/or “user” refers to anyone who has registered to use the Vask software application.

1.4. “Booking” refers to the car wash appointment made by a user on the Vask software application.

1.5. “OTP” refers to an automatically generated numeric or alphanumeric string of characters that authenticates a user.

1.6. “Business days” refers to days during the week Monday, Tuesday, Wednesday, Thursday and Friday.

1.7. “POPIA” refers to the Protection of Personal Information of South Africa, more about it here POPIA ACT

1.8. “Personal Information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.

1.9. “Minor” refers to any natural person under the age of 18.

2. Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

• may limit the risk or liability of Vask or a third party; and/or

• may create risk or liability for the user; and/or

• may compel the user to indemnify Vask or a third party; and/or

• serves as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Vask to explain it to you before you accept the Terms and Conditions or continue using our platforms.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Vask in terms of the CPA.

3. Contractual Relationship

Downloading and registering an account on Vask App constitutes your agreement to be bound by these Terms and Conditions, which establishes a contractual relationship between you and Vask. If you do not agree to these Terms, you may not download and register a user account on Vask App.

4. User Accounts

4.1. To use the service, a user is required to register an account on the App. The user must be at least 18 years old to register an account. Minors are not allowed on our platforms.

4.2. The following information will be required from the user to complete registration, phone number, email address, password, first name and last name. The phone number will be used to authenticate the user via an OTP sent through SMS.

4.3. In the case where you lose your phone number or the phone number is no longer in use, you must inform Vask within 7 business days, so we can take the necessary steps to change your phone number or lock your account.

4.4. You warrant that the information you have provided is accurate, current, true and correct and that does not impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

5. User Conduct

5.1. Users are required to be of at least the age of 18 to register an account on the app, no minors are allowed.

5.2. You agree that you will not in any way use any device, software or another instrument to interfere or attempt to interfere with the proper working of the App. You may use the App only for lawful purposes and may not in any way (including without limitation by use of any robot, spider, other automatic device or manual process) monitor, distribute, display, publish, copy, print, post, modify or otherwise use the App and/or the information contained therein without the express prior written consent of an authorised Vask representative.

5.3. You may not assign or otherwise transfer your Account to any other person or entity.

5.4. You may not use our platforms to distribute defamatory material, offensive, contains or amounts to hate speech or is otherwise unlawful.

6. Using the app

6.1. It is your responsibility to provide accurate information on the car details, location, and services you required to be rendered.

6.2. Allowing access to your location is not mandatory but is advised for you to get a better experience while using the app.

7. Booking Fulfilment

7.1. The user should ensure that they are at the provided location when making a booking on time.

7.2. You understand and agree that it is your responsibility to ensure that all valuables are removed from your vehicle.

7.3. A Booking may only be cancelled the day before the booking date.

7.4. Any booking cancelled on the day of the booking will be subject to a 50% penalty of the booking fee.

7.5. A cancelled booking which has already been paid will be refunded within 7 business days.

7.6. You may reschedule or cancel a booking with a full refund if a Vask appointee is late by 20 minutes and more

Vask shall do its best to let users know about any delay in delivery

8. Payment

8.1. Vask will accept both cash and in-app credit card payments

8.2. When paying in cash, you accept and acknowledge that it is your responsibility to ensure that you have the exact amount displayed when making a booking at hand.

8.3. Vask appointee is not obliged or required to have change for cash payments.

8.4. Where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. You will be redirected to the secure site of our payment gateway, which is not owned Vask or under Vask’s control, and for which you acknowledge Vask is not responsible in law. Such payment gateway is however committed to upholding strict security standards, and at no stage will Vask store your credit card details (save for the last four digits for payment purposes). We are entitled to withhold processing the bookings until the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your booking will be cancelled.

8.5. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the order charges. You also warrant that your credit card has sufficient available funds to cover all the order charges.

9. Indemnity

The User agrees to indemnify and hold Vask, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from all claims, demands, and expense including reasonable attorneys' fees, damage (whether direct, indirect, or consequential) and liabilities, made by anyone in connection with your use of our platforms, with any alleged infringement of intellectual property or another right of any person or entity relating to our platforms, your violation of these Terms and Conditions, and any other acts or omissions relating to the Portals.

10. Limitations of Liability

10.1. Vask will not be held liable for the loss of property, as the user is expected to have taken steps in 5.2.

10.2. Whilst Vask takes reasonable measures to ensure that the content of our platforms is accurate and complete, Vask makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of our platforms or as to the accuracy, completeness or reliability of any information on our platforms. If any such representations or warranties are made by Vask’s representatives, Vask shall not be bound thereby.

10.3. You hereby indemnify Vask against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the app and/or any linked third-party website or mobile application.

10.4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, also makes no warranty or representation, whether express or implied, that the information or files available on the App are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Vask its employees, agents or authorised representatives. Vask thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the app.

11. Availability and termination

11.1. The Vask app is provided on an "as is" and "as available" basis. Vask does not represent, warrant or guarantee that access to Vask app will be uninterrupted or error-free. In case of any faults in the software, we will endeavour to correct them as soon as possible, but please keep in mind that the functioning of the app may be restricted due to occasional technical errors and we are not able to guarantee that the app will function at all times, for example, a maintenance issue may result in a service interruption.

11.2. You are responsible for obtaining the data network access necessary to use the app.

11.3. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

11.4. Vask does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.

11.5. Vask reserves the right to terminate or discontinue the App or any part without prior notice to you.

12. Privacy Policy

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

13. Amendments to the General Terms and Conditions

13.1. Vask may amend the Terms related to the Services from time to time. Amendments will be effective upon Vaskes’s posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

13.2. It is your responsibility to provide accurate information or update your information to be informed of changes to the Terms and Conditions.

13.3. It is your responsibility to read make sure that you read the changes to Terms and Conditions after being notified of such changes.

13.4. Any change to the Terms and Conditions will only apply to your use of the App after the change is displayed. If you use the app after such amended Terms and Conditions have been displayed, you will be deemed to have accepted such changes.

14. Ownership and Copyright

14.1. data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in the App ("App Content") are protected by law. The App Content is the property of Vask, its advertisers and/or sponsors, and/or is licensed to Vask. You will not acquire any right, title or interest in or to the App or the App Content.

14.2. Any use, distribution or reproduction of the App Content is prohibited unless expressly authorised by an authorised Vask representative or otherwise provided for in law. To obtain permissions for the commercial use of any App Content,wash@Vask.co.za

Photo by Pixabay: https://www.pexels.com/photo/clear-glass-with-red-sand-grainer-39396/

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