Thank you for using Swoop Parking Car Washing LLC. These Terms of Service (the “Terms”) are aimed at creating a binding legal relationship between the Customer and the Service and Application provider (Swoop Parking Car Washing LLC hereafter referred to as Swoop Car Wash, Service provider, Swoop or Swoop Parking Car Washing LLC, whereas:
Customer represents any legal entity that is willing to use the Application and services provided by Swoop Parking Car Washing LLC to have their vehicles cleaned, according to the terms and conditions set forth herein;
The Application (Swoop Parking Car Washing LLC) represents the legal entity that owns the website and applications and any of their related entities, being it a legal or / and natural person. The application includes any related mobile phone or software applications, including and not limited to delivery of data and info via the Application and/or via website and/or via any other method of electronic communication (email, sms etc.), whether present or future. The present terms and conditions are binding and are becoming effective once the Customer accesses the Application. The Customer therefore irrevocably acknowledges and agrees that, once they starts using the applications, it may be exposed to content that may be objectionable, inappropriate or that might be removed or shall be removed in specific cases, for non-compliance with the present terms and conditions and/or with the applicable law. Acceptance of terms is done via one of the two methods below, both having the same legal effect:
Clicking to accept or agree to the Terms, where it is made available to the Customer by the Application in the Customer interface for any particular Service; Or
Actually using the Services. In this case, it is understood that the Customer has already adhered to the terms and conditions and therefore has entered into a binding legal relationship with Swoop Parking Car Washing LLC.
"Customer” or "You" or "Your" refers to you, as a Customer of the Services. Customer represents any legal entity that is willing to use the Application and services provided by Swoop to have their car(s) cleaned with the products and individuals used to provide the services via Swoop Parking Car Washing LLC, according to the terms and conditions set forth herein. For the avoidance of doubt, a Customer is accessing the Application or Website for the purpose of uploading data, information, images, views, pictures, adding and managing their subscription sharing vehicle details, phone numbers, email address, house address, parking details and other personal details in order for the service provider to complete the services requested by the customer, and includes other persons jointly participating in using the Services including by not limited to family members or friends who also use the service to have their cars cleaned.
"Content" represents (but is not limited to) images, views, display, text, photos, audio, video, location data, nearby places, other relevant data, and / or all other forms of information or data. The present enumeration is non-limitative.
"Your content" or "Customer Content" means content that the Customer uploads, edits, manages, shares or transmits to Swoop, through or in connection with the Services, such as house address, phone number, emails IDs, pictures, car details and other such materials that the Customer understands to publicly display or displayed in their account profile. However, Swoop Parking Car Washing LLC is not assuming any liability, of any nature whatsoever, regarding the content the Customer is uploading and this is understood to be customer content.
In all situations, Swoop Parking Car Washing LLC retains the right to block the Customer Content which is inappropriate, if non-compliant with the present terms, if in violation of the applicable laws and regulations or / and in any other way inappropriate for the usage of the Application.
"Swoop Parking Car Washing LLC Content" means content that Swoop Parking Car Washing LLC creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, structures, graphics, design, compilations, computer codes, products, software, aggregate ratings, databases, reports and/or other usage-related data in connection with activities associated with the Application and/or the Customer’s account and/or all other elements and components of the Services, excluding Customer’s Content and third party content such as payment gateways.
The Customer is fully assuming the Swoop Parking Car Washing LLC content, with no further claim and agrees with the interfaces and Services provided by Swoop Parking Car Washing LLC, with no further claims. It is irrevocably acknowledged and agreed by the Customer that the Swoop Parking Car Washing LLC content is at the full discretion of Swoop Parking Car Washing LLC.
"Third Party Content" means content that comes from parties other than Swoop Parking Car Washing LLC or its Customers and is available on the Application, such as: Payment gateways, User’s content & advertisements and/or data from other parties than the Customer. “Services” represents the intangible products created through and provided by the Application & Website, such as access to cleaning services, information, etc.
1. Customer hereby represents and warrants that he is an Individual and/or he is at least eighteen (18) years of age or above and fully able, authorized and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. Swoop Parking Car Washing LLC bears no liability, of any nature whatsoever, for the above representations. While entering the present contract, Swoop Parking Car Washing LLC relies solely and exclusively on the representations of the Customer, which shall bear full responsibility in that respect.
2. Compliance with Laws - The Customer is responsible for complying with all relevant laws and regulations in the country in which Customer resides when accessing the Services. Also, the Customer is fully responsible for complying with the local laws at the Swoop Parking Car Washing LLC’s siege when using the Services. Customer warrants to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate Swoop Parking Car Washing LLC’ legal rights or those of any third party(ies).
3. Customer agrees on the usage of their data accordance with Swoop Parking Car Washing LLC's privacy and data policy and with any other document and/or policy attached by Swoop Parking Car Washing LLC to the usage and management of the Application.
Swoop Parking Car Washing LLC may vary or amend or change or update these Terms, at their own discretion, at time intervals that Swoop Parking Car Washing LLC may deem fit. Swoop Parking Car Washing LLC will try to keep the Customers updated towards these modifications, however the Customer is fully responsible for checking and keeping abreast with these Terms and ensure continued compliance thereto. Customer’s usage of application after any such amendment or change in the Terms shall be deemed as express acceptance to such amended/changed terms and Customer also agrees, with no further claims and /or conditionality, to be bound by such changed/amended Terms.
Swoop Parking Car Washing LLC may provide a translation of the English version of the Terms into other languages. Customer understands and agrees that such translations are for the sole purpose of convenience and for making the application more familiar with other markets, however the English version shall prevail at all times over any translated Terms. In case of inconsistencies between the English version of the Terms and the translation, the English version shall prevail at all times.
1. Swoop Parking Car Washing LLC is an evolving Application that aims at providing accurate and performant content and experience to the Customers. In such context, the Customer acknowledges and irrevocably agrees that the Services and Swoop Parking Car Washing LLC Content may require updates and changes from time to time. Further on, the Customer acknowledges and irrevocably agrees that Swoop Parking Car Washing LLC reserves the exclusive right, in their own discretion, to suspend, cancel, amend, update, change and/or discontinue any or all Swoop Parking Car Washing LLC Content or / and other form of Content, irrespectively of their nature, make modifications and/or alter any content, products and services without prior notice and as the case may be.
2. The Application and/or Website may include functionality to automatically check for updates or upgrades and, unless the Customer’s device, its settings, or computer software does not permit transmission or use of upgrades or updates, Customer agrees that the Application and/or Website, without bearing any obligation in this respect, may notify the Customer of the availability of such upgrades or updates and automatically push the upgrade or update to the Customer’s device. Customer acknowledges and fully agrees that he may need to download, acknowledge and install from time to time upgrades and/or updates in his device in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct the functionality of the Services and of the Application). Any such updates form an integral part of the present Terms and Conditions.
3. Customer acknowledges and agrees with no further claims that Swoop Parking Car Washing LLC may disable, block and/or suspend the access of the Customer to the Customer’s Content, in agreement with the present Terms and Conditions. However, Swoop Parking Car Washing LLC undertakes to the Customer that the Customer’s access to the Application shall not be arbitrarily blocked or suspended.
4. Swoop Parking Car Washing LLC has not set a limitation in the number of uploads and/or transmission by the Customer, however the Customer is aware and acknowledges with no further claims, that Swoop Parking Car Washing LLC may set an upper limit on the number of uploads and/or transmissions by the Customer.
5. Swoop Parking Car Washing LLC bears no responsibility for updating the Customer’s Content and or Third Party content, unless such services are paid for by the Customer, after prior written approval. Therefore, the Customer acknowledges and agrees that Swoop Parking Car Washing LLC is not liable, for any reason whatsoever, for information outdated in the Customer’s Content and/or in the Third Party Content, including the User’s Content.
6. Swoop Parking Car Washing LLC reserves the right to charge subscription and/or membership fees from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of this application anytime in the future. Non compliance with by or of the Customer with this clause, irrespectively of the reason, shall lead to that Customer’s cars not being cleaned, services will only be provided once payment for the subscription has been received. The Customer therefore undertakes that they have no further claim in such situation, of any nature, towards the Application. The subscription fee is non-refundable.
1. Upon subscribing to Swoop Parking Car Washing LLC, the Customer will be provided with an account through which he has the right to manage and populate the Customer’s content on the Application; therefore the provision of information and data by the Customer is subject to the Application Privacy and Data Policy.
2. Customer bears full responsibility in maintaining the confidentiality and/or security of their account, which represent the sole method of communication between the Customer and Swoop. In this respect, Swoop Parking Car Washing LLC will undertake their best endeavors to keep the Swoop Parking Car Washing LLC content on Swoop Parking Car Washing LLC safe and secure, however the Customer’s Content shall be at the sole responsibility of the Customer.
3. In creating an account for the Customer, Swoop Parking Car Washing LLC will require certain verification information. Customer warrants and represents that all information provided in such process is true, accurate and correct and updated. However, Swoop Parking Car Washing LLC bears no liability for the accuracy of the info provided by the Customer. If the Customer is creating an account, the Customer may not impersonate someone else, create or use an account for anyone other than himself, provide an email address other than his own, create multiple accounts or except as otherwise authorized by the Application & the Website or provide or use false information to obtain access to information and services. Customer acknowledges that such actions shall have repercussions on their account, including the suspension and/or blockage in the access to the Application & the Website and/or other legal proceedings that may be initiated by Swoop Parking Car Washing LLC (the Application) against the Customer in such respect. The Customer acknowledges and agrees that upon suspension and/or blocking, Swoop Parking Car Washing LLC is under no obligation make refunds of any sort to the Customer.
4. Customer is fully responsible for all activities that occur on their account. Customer agrees and warrants to notify Swoop Parking Car Washing LLC immediately of any unauthorized and/or suspicious use of their account in order to enable Swoop Parking Car Washing LLC to take necessary action. Without prior notice to Swoop Parking Car Washing LLC, the Customer also agrees that they will not allow any third party to use their account for the purpose of transacting activities in the Customer’s name via the Application and/or Website. In such case, Customer shall be liable and hold harmless both Swoop Parking Car Washing LLC and/or any other third party for any damage produced by such unauthorized use, to the maximum extent permitted by the applicable law.
5. Should the customer provide inaccurate information, it will result in the service not being provided to the customer on account of their information not being correct that prevented any swoop representative to complete the service, should this be the case, no refunds will be made to the customer for the subscription amount. The customer bears the responsibility to cancel the subscription and create a new subscription in order to receive the service. It is understood that NO REFUNDS SHALL BE MADE ON ANY SUBSCRIPTION AMOUNT in the event of a customer providing incorrect information.
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws.
Customer acknowledges that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. Customer further acknowledges that the Services may contain information which is designated as confidential by Swoop Parking Car Washing LLC and that the Customer shall not disclose such information without Swoop Parking Car Washing LLC's prior written consent.
Customer agrees to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. Customer acknowledges and agrees that Swoop Parking Car Washing LLC (or Swoop Parking Car Washing LLC's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Swoop Parking Car Washing LLC and that the Customer shall not disclose such information without Swoop Parking Car Washing LLC's prior written consent. Unless the Customer has agreed otherwise in writing with Swoop Parking Car Washing LLC, nothing in the Terms gives the Customer a right to use any of Swoop Parking Car Washing LLC's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Customer agrees not to use any framing techniques to enclose any trademark or logo or other proprietary information of Swoop Parking Car Washing LLC; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available/possible remedies under applicable laws. Customer cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Swoop Parking Car Washing LLC’s content in whole or in part except as expressly authorized by Swoop Parking Car Washing LLC.
To the fullest extent permitted by applicable law, we neither warrant nor represent that the Customer ’s use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. Customer agrees to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained within the present Terms and Conditions.
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customer’s users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Customer’s Content to the Customer under any circumstances. Any review, which is derogatory, defamatory or hateful and without any substantial evidence may be taken down at our sole discretion. The Customer may report a review and/or comment to be taken down through the use of the Website. The Arbitration of this decision will be at the sole discretion of Swoop Parking Car Washing LLC and/or its representatives.
Some of the content available through the Services may include or link to materials that belong to third parties, such as third party Payment Gateway sites and services. Please note that Customer’s use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. Customer acknowledges and agrees that Swoop Parking Car Washing LLC is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including that posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Customer’s Content or any third party content. Customer further acknowledges and agrees that Swoop Parking Car Washing LLC is not liable for any loss or damage which may be incurred by the Customer as a result of the availability of those external sites or resources, or as a result of any reliance placed by the Customer on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Without limiting the generality of these Terms, in using the Services, Customer specifically agrees not to post or transmit any content or engage in any activity that, in our sole discretion:
1. Violate our Guidelines and Policies;
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
3. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
4. Contains material that violates the standards of good taste or the standards of the Services;
5. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
6. Accuses others of illegal activity, or describes physical confrontations;
7. Alleges any matter related to health code violations requiring healthcare department reporting.
8. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
9. Attempts to impersonate another person or entity;
10. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretenses; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
11. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
12. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
13. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
14. Contains material that is not in English or, in the case of products provided in foreign languages, the language relevant to such products;
15. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
16. Accesses or uses the account of another Customer without permission;
17. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
18. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
19. “Hacks” or accesses without permission our proprietary or confidential records, those of another Customer , or those of anyone else;
20. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or Customer in breach of any employment, consulting, or non-disclosure agreement);
21. Decompiles, reverse engineers, disassembles or otherwise attempt to derive source code from the Services;
22. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
23. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
24. Collects, accesses, or stores personal information about other Customer of the Services;
25. Harms minors in any way;
26. Threatens the unity, integrity, defense, security or sovereignty of UAE or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any recognizable offence or prevents investigation of any offence or is insulting any other nation;
27. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content;
or
28. Attempts to do any of the foregoing.
However, we have the right to monitor the Customer’s Content for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.
Customer hereby agree and assure Swoop Parking Car Washing LLC that the Application/Services shall be used for lawful purposes only and that the Customer will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). Customer shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Swoop Parking Car Washing LLC in any form or manner whatsoever.
Any Content uploaded by Customer, shall be subject to relevant laws of UAE and of the country of use and may be disabled, or and may be subject to investigation under applicable laws.
If Customer shares or sends to Swoop Parking Car Washing LLC any ideas, suggestions, changes or documents ("Feedback"), Customer agrees that (i) the Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) Swoop Parking Car Washing LLC is under no obligation of confidentiality with respect to such Feedback, (iii) Swoop Parking Car Washing LLC may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, Customer grants us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and Customer irrevocably waives, against Swoop Parking Car Washing LLC any claims/assertions, whatsoever of any nature, with regard to such Feedback.
Customer acknowledges and agrees that the services are provided "as is" and "as available" and that Customers’ use of the services shall be at his sole risk. To the fullest extent permitted by applicable law, Swoop Parking Car Washing LLC, its affiliates and their respective officers, directors, employees, agents, Workers, branches, subsidiaries, and licensors ("Swoop Parking Car Washing LLC Parties") disclaim all warranties and liabilities, express or implied, in connection with the services including mobile applications, websites and the Customer’s use of them. To the fullest extent permitted by applicable law, the Swoop Parking Car Washing LLC Parties make no warranties or representations for the Swoop Parking Car Washing LLC Content, Third Party Content and Customer’s Content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer’s access to and use of the Content, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of Customer’s data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Content.
Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The. No advice or information, whether oral or written, obtained by the Customer from Swoop Parking Car Washing LLC or through or from the Content shall create any warranty not expressly stated herein, unless the Customer has been expressly authorized to do so in writing by Swoop Parking Car Washing LLC. As such, Customer agrees that in using the Content, they will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. In order to clean the car swoop’s workers will make use of cleaning materials such as water, cleaning solutions, soap, polishes, cloths of various materials and machine equipment. Swoop workers will not knowingly or willingly cause damage to a customer’s car, however should damages occur during cleaning due to the materials used, swoop parking car washing LLC will not be under any circumstance be held responsible for any damages that occur during the time of washing, the customer willingly agrees not to hold Swoop parking car washing LLC responsible or seek any damages from Swoop parking car washing LLC as a result of the service provided.
Swoop reserves the right to refuse services during days such as public holidays, days of extreme weather conditions, rainy days, sand storm or any such acts of God due to which the services for swoop may be interrupted or could cause danger to the health and wellbeing of swoop's representatives.Washes that are lost due to such conditions will not be recovered.The service will not be provided on public holidays, washes that fall on public holidays, washes that fall on public holidays will not be subject to recovery and customers will not be entiled to request for a cover wash.Swoop also reserves the right to refuse service to vehicles that are "extremely dirty".Such vehicles could have large amounts of dirty residue such as mud nd dust.Swoop representative will attempt to clean all cars to the best of their ability.The Customer agrees that no claims shall be made against swoop under such circumstances, as the equipment to clean such vehicles are no present with our representatives to ensure the best cleaning of the customer car.Swoop's Representatives/Management will be the best judge in determining if a car can be cleaned with the given tool present and restrictions proposed by the building management as such tools will not be allowed on the premises of a residential building.
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.
To the fullest extent permitted by applicable law, in no event shall the Swoop Parking Car Washing LLC Parties be liable to the Customer for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer access to and use of the services including mobile Application and Website, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from our servers, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, (vi) any loss of Customer data or Content from the services (vii) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of Customer use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Swoop Parking Car Washing LLC Parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, (ix) Customer failure to keep his password or account details secure and confidential, (x) loss or damage which may be incurred by Customer, including but not limited to loss or damage as a result of reliance placed on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between the Customer and any advertiser or sponsor whose advertising appears on the services. In no event shall the Swoop Parking Car Washing LLC Parties be liable to the Customer for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. 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. We do not hold any credit card information on the platforms provided. All liabilities for payment will covered by our third party payment gateway provider and will be governed by their terms and conditions and privacy policy.
The Customer agrees to indemnify, defend, and hold harmless the Swoop Parking Car Washing LLC Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Customer Content, (ii) Customer’s unauthorized use of the Services, or products or services included or advertised in the Services; (iii) Customer access to and use of the Services; (iv) Violation of any rights of another party ; or (v) Customer breach of these Terms, including, but not limited to, any infringement of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without the Customer’s prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at Customer’s expense, to assume the exclusive defense and control of any matter for which Customer is required to indemnify us and he agrees to cooperate with our defense of these claims. The Customer agrees not to settle any matter in which we are named as a defendant and/or for which Customer has indemnity obligations without our prior written consent. We will use reasonable efforts to notify the Customer of any such claim, action or proceeding upon becoming aware of it.
Customers can move between packages either premium (6 washes/week) or regular (3 washes/week). Once a customer upgrades his package, he will be charged the difference amount of the package and will begin receiving the services as requested. Should a customer choose to go from Premium to Regular during the month, the change in his service offering will occur only at the start of the next month. No refunds will be made in this condition.
Should the customer wish to cancel the subscription they may do so via the application provided. Customers will continue to receive the services until the end of the month. No refunds will be provided to the customer on cancelation of the service / subscriptions. Should a customer want their information completely removed from the system, the request should be provided in writing either physically or via email. It is recommended that all cancelations take place at least 48 hours before the renewal date in order to give due time anD reference to any third-party payment gateways to cancel the subscription plan provided.
Customers of Swoop Parking Car washing LLC are subjected to a full refund on the amount paid as a “HOLD” amount when the user makes a selection of “2 Free Car washes” should the user cancel the free washes, they will be entitled to 2 free washes and a full refund on the amount paid for the subscription that will be calculated on a Pro rata basis for the remainder of the month. The Request to cancel should be processed within 7 days of activating the free washes. The User will receive an email inferring that they will be charged the remainder subscription amount after the 7 days of activating the subscription, should the user cancel within the 7 days, they will be entitled to a full refund. Failure to cancel will be considered as a willingness on the customers part to continue with the services and the customer will be charged and be provided the service for the remainder of the month based on the package and number of due washes. No Refunds will be made in any condition other than the condition mentioned above.
All refunds are processed by a third-party organization, CC avenue (Avenues World FC LLC). Swoop parking car washing LLC do not in any way process any online payments and as such it is the duty of the customer to inform Swoop Parking Car Washing LLC of any failure to receive their requested refund.