TERMS OF USE

Welcome to the Kneetly website (the Website), which is owned and operated by KNEETLY Pty Ltd A.C.N. 612 936 197 (we, us, our, or kneetly).

Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Website constitutes your agreement to the Terms of Use.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our services

We cannot be responsible for any delays or interruptions to the Website. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Website in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Website.

Prohibited conduct

In relation to the Website, you must not:

• use the Website for any activities or post or transmit via the Website, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes; • use the Website to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the Internet; • use the Website to send unsolicited email messages; • in any way tamper with, hinder or modify the Website; • knowingly transmit any viruses or other disabling features to the Website or via the Website; or • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

Intellectual Property

The material on the Website, including the software, design, text, images and graphics comprised in the Website and the selection and layout of the Website are owned or under license by Kneetly and protected by Australian and International laws.

Your use of the Website does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on, or accessed via, the Website.

You may view the Website and its contents using your web browser. In visiting the Website, you may make a temporary copy of the Website by means of the usual operation of your web browser only.

You must not:

• reproduce or use any of the material on the Website for commercial purposes, including sale; • in any way modify the material on the Website; or • cause any of the material on the Website to be framed or embedded in another website.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Website in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Third party links

The Website may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Website, you agree to indemnify kneetly from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights

Except for your Statutory Rights and with respect to the Website:

• all material on the Website is provided to you without warranties of any kind, either express or implied; • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose; • we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and • we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.

You expressly acknowledge that we do not exert control over users of the and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

• the resupply of the services; or • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

• the replacement of the goods or the supply of equivalent goods; • the repair of such goods; • the payment of the costs of replacing the goods or acquiring equivalent goods; or • the payment of the costs of having the goods repaired.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to our Privacy Policy

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting us

Please EMAIL us if you have any questions relating to our Terms of Use.

REGISTRATION TERMS–USER

These Registration Terms (these Terms) set out the terms that govern your use of the services offered via the Kneetly software application (the App). This document is a legally binding agreement between Kneetly Pty Ltd A.C.N.612 936 197 (we, us, our or Kneetly) and you, the recipient of car wash services (the User).

Kneetly provides the User with a platform to access providers of car wash services (theWasher)via the App(ourService).

Your decision to create an account via the App(the Account) means that you acknowledge that you have read and understood these Terms and agree to be bound by them. Your access to our Service is conditional upon your acceptance and ongoing compliance with these Terms.

We reserve the right to decline, for any reason whatsoever, any request for registration via the App.

USE OF OUR SERVICE

In order to use our Service, you must first register as a User via the registration process within the App.

REGISTRATION VIA THE APP

Registration occurs when the User creates an Account via the App. When creating an Account, you warrant that:

  • you will provide accurate, current and complete information;
  • you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
  • you will not use another person’s account without permission from the owner of that Account;
  • you will immediately notify Kneetlyof any unauthorised use of your Account or any other breach of security. Kneetly will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure; and
  • you will pay all fees payable in connection with the washing and cleaning of your vehicle (the Wash Service).

After you create an Account, you may change information relating to the Account. In doing so, you undertake to update details relating to your Account with true and accurate information.

We undertake to take all due care with any information you provide to use when creating, updating and accessing your Account, and we agree to comply with Australian Privacy laws as set out in the KneetlyPrivacy Policy.

Registration via the App entitles you to a non-exclusive, non-transferable right to access and use our Service, subject to these Terms. You agree to be solely responsible for any conduct associated with, or originating from your Account.

TERM OF AGREEMENT

The agreement between the parties that is governed by these Terms will continue until such time that termination has occurred pursuant to these Terms.

BOOKINGS

All bookings for a Washer to provide the Wash Service must be made via the App and not made directly with a Washer.

TRANSACTIONS ONLY TO BE PERFORMED VIA THE APP

All transactions performed between a User and a Washer must be made via the App. Under no circumstances shall a User and a Washer make any arrangement for a vehicle (the Vehicle) to be washed outside of, or independent to, the App.

PAYMENTS

Payment for a Wash Service

The User must make all payments for a Wash Service via the App at the time of booking a Wash Service.

Payments of booking fee

You must pay a booking fee to Kneetly, as specified via the App. The purpose of the booking fee is to cover financial institution fees incurred by Kneetly in connection with your appointment of a Washer to provide you with a Wash Service.

We may vary booking fees from time to time.

Goods and services tax (GST)

All prices displayed in connection with the App are in Australian dollars (AUD) and include GST.

Payment of tips to a Washer

You may pay a monetary tip directly to a Washer at the time of a Wash Service being performed, if you feel so inclined. However, your payment of a tip is not expected. A User should never expect for a Washer to request a tip.

CANCELLATIONS AND REFUNDS

Cancellations

Cancellation made by the User within 24 hours of a scheduled Wash Service will result in the booking fee paid to Kneetly being forfeited.

The User may reschedule a booking without loss of the booking fee, provided that the originally scheduled Wash Service is rescheduled (within the App) at least four (4) hours before the originally scheduled time for the Wash Service. A rescheduled Wash Service must be completed within seven (7) days from the original scheduled date.

Refunds

We will provide you with a full refund if you book a Wash Service and a Washer is unable to be allocated to provide the requested Wash Service.

If a Washer cancels a Wash Service due to illness, or for any other valid reason, then the User will have the option to reschedule the Wash Service, or receive a full refund from us.

RESCHEDULING A WASH SERVICE

In the event that inclement weather occurs on the day of a Wash Service being scheduled, the User may reschedule the Wash Service. However, the rescheduled Wash Service must be completed within seven (7) days from the time of the time that the original Wash Service was scheduled.

The User must determine if a Wash Service is to be rescheduled at least one (1) hour prior to the scheduled time. In the event of rescheduling due to inclement weather, there is no loss of the original fees for the Wash Service and no additional fees will be owed.

To avoid any doubt, the term inclement weather shall be taken to mean the existence of rain or abnormal climatic conditions (for example, hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination thereof) and because of such element or elements, it is either not reasonable or safe for the Wash Service to occur.

INSPECTION OF VEHICLE

The User agrees and acknowledges that the Washer is responsible for final confirmation of the type of wash required and the size of the Vehicle to be washed.

Therefore, if a User presents a Vehicle that is heavily soiled, then the Washer may upgrade the type of wash to be provided. Also, if the presented Vehicle is larger or smaller than what the User booked in, then the Washer may amend the size and cost for the Wash Service accordingly.

If an amendment of wash type or vehicle size incurs an additional charge or credit due to a reduction in the Washer’s service fee, then the User consents to the additional charge or credit to be automatically deducted or credited from their original method of payment.

The User agrees and acknowledges that the Washer will inspect the presented Vehicle prior to undertaking aWash Service. Where pre-existing damage is noted by the Washer, a condition report will be completed and User acceptance of the condition report obtained. In the event that the Vehicle is unattended, then the User’s acceptance of the condition report will be deemed as being provided. In all cases, notification of a condition report being completed will be provided to the User.  Should a User refuse to accept the condition report, then the Wash Service will be cancelled and the User will forfeit the associated fee.

ACCESS TO USER’S VEHICLE

The User must ensure that the Vehicle to be washed is presented in a way that it is ready to be washed. This includes ensuring that the Vehicle is readily and easily accessible by the Washer to provide the Wash Service.

Where items are left within the Vehicle and those items hinder a Washer’s access or ability to clean certain parts of the Vehicle, the Washer will clean around those items and will not move or relocate such items.

PERSONAL PROPERTY OF THE USER

The User is encouraged to remove all personal belongings from the Vehicle prior to a Wash Service being performed.

Any personal belongings left in the Vehicle will remain at the User’s own risk. Kneetly accepts no responsibility for the loss or damage of any personal belongings or valuables left in the Vehicle during a Wash Service.

RATINGS VIA THE APP

The User agrees to, after each and every Wash Service performed by a Washer, rate the Washer via the rating function within the App.

Via the App, Users are able tofavourite Washers, who they are highly satisfied with and would like to engage for a future Wash Service. It is intended that a User will only favourite a Washer on the User’s own accord and that a Washer will not place a User under any obligation to do so.

The User agrees to not post any rating that does not accurately reflect the performance of a Washer or any Wash Service that has been provided.

PROHIBITED CONDUCT

In relation to our Services, you must not:

  • use our Service for any activities, or post or transmit via the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use our Service to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Appor the Internet;
  • use our Service to send unsolicited commercial electronic messages;
  • in any way tamper with, hinder or modify the App;
  • knowingly transmit any viruses or other disabling features to the App or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

TERMINATION

Kneetlymay terminate these Terms or your Account if, in the view of Kneetly, you have committed any material breach of these Terms and in the case of a breach capable of being remedied, have failed to remedy the breach within seven (7) days after the receipt of a written request from Kneetly.

A User may terminate these Terms at any time.

RELATIONSHIP OF PARTIES

Therelationship between Kneetly andthe Washer is contractual only and does not create a relationship of employment, partnership or any other legal relationship. You agree and acknowledge that Kneetly merely provides the App as a platform to facilitate transactions between Users and Washers. Consequently, Kneetly cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to a Washer’s decision to become a registrantvia the App or a Washer’s performance of car wash services on behalf of a User.

REPRESENTATIONS AND WARRANTIES

Subject to all applicable laws, our Service is provided by on an ‘as is’ basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

EXCLUSIONS AND LIMITATIONS OF WARRANTY

To the extent permitted by law, Kneetly will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

  1. suspension or cancellation of a User’s Account;
  2. your use of our Service;
  3. any interruptions or delays in accessing the App;
  4. circumstances beyond the reasonable control of Kneetly; or
  5. a Washer’s performance of a Wash Service

whether in contract, tort (including negligence) or otherwise.

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:

  • the resupply of our Service; or
  • the payment of the cost of having our Serviceresupplied.

INDEMNITY

To the fullest extent permitted by law, you agree to indemnify Kneetly and each Washer of a Vehicle owned by you,from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Service or the performance of a Wash Service.

ASSIGNMENT

You shall not assign, transfer or sub-licence any of its rights or obligations under these Terms, except with the prior written consent of Kneetly.

DISPUTES

The User agrees to use their best endeavours to resolve any disputes arising out of this agreement. In the event that a dispute arises between the parties, then the parties agree to use their best endeavours to resolve such dispute within a period of ten (10) days from the time either gives to the other, written notice of the dispute.

In the event that such dispute arises and has not been resolved in accordance within the specified ten (10) days, then the parties agree to use their best endeavours to settle the dispute by mediation by a Mediator appointed by the President of the Queensland Law Society.

GENERAL

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in these Terms are reserved.

If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

JURISDICTION

The laws of the state of Queensland govern these Terms.

CONTACT US

Please email us if you have any questions relating to these Terms.

These Terms were last updated on 24 January 2017.

REGISTRATION TERMS–WASHER

These RegistrationTerms (these Terms) set out the terms that govern your use of the services offered via the Kneetly software application (the App). This document is a legally binding agreement between Kneetly Pty Ltd A.C.N.612 936 197 (we, us, our or Kneetly) and you, the provider of car wash services (you or the Washer).

Kneetly provides you with a platform toaccess customers (Customer)who wish to, via the App (our Service), obtain a car wash service (Wash Service).

Your decision to create an account via the App(the Account) means thatyou acknowledge that you have read and understood these Terms and agree to be bound by them. Your access to our Serviceis conditional upon your acceptance and ongoing compliance with these Terms.

We reserve the right to decline, for any reason whatsoever, any request for registration via the App.

USE OF OUR SERVICE

In order touse our Service, you must first register as a Washer via the registration process on the App.

REGISTRATION VIA THE APP

Registration occurs when the User creates an Account via the App. When creating an Account, you warrant that:

  • you will provide accurate, current and complete information;
  • you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
  • you will not use another person’s account without permission from the owner of that Account;
  • you will immediately notify Kneetlyof any unauthorised use of your Account or any other breach of security. Kneetlywill not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure; and
  • you will pay all fees payable in connection withour Service.

After you create an Account, you may change information relating to the Account andin doing so, you undertake to update details relating to your Account with true and accurate information at all times.

We undertake to take all due care with any information you provide to use when creating, updating and accessing your Account, and we agree to comply with Australian Privacy laws as set out in the KneetlyPrivacy Policy.

Registration via the App entitles you to a non-exclusive, non-transferable right to access and use our Service, subject to these Terms. You agree to be solely responsible for any conduct associated with, or originating from your Account.

TERM OF AGREEMENT

The agreement between the parties that is governed by these Terms will continue until such time that termination has occurred pursuant to these Terms.

CRIMINAL HISTORY CHECK

Kneetly reserves the right to require you to provide us with a criminal history check. In the event that it is disclosed, via a check or otherwise, that you have committed any dishonesty or violence offence, then we will immediately terminate your Account and you will not be permitted to provide a Wash Service. Your failure or refusal to provide us with a criminal history check will also result in us terminating your Account.

PERFORMANCE OF A WASH SERVICE

Prior to performing any Wash Service, you agree to view all instructional material provided by Kneetly, including instructional videos.

In performing a Wash Service, you:

  • acknowledge that Kneetly aims to provide a level of service that is superior to any other provider of similar services and therefore, you play an integral role in ensuring that such level of service is provided and maintained;
  • must follow any prescribed processes, as reasonably directed by Kneetly;
  • must exercise and use your best efforts and techniques to achieve a high quality Wash Service;
  • must, at all relevant times, present yourself in a clean, tidy and professional manner; and
  • must abide by any water and/or noise restrictions that may apply in any location that a Wash Service is performed.

EQUIPMENT

You will, at your own cost, be responsible for obtaining and using all consumables and tools of trade required to perform a Wash Service. This will exclude water and electricity where you perform a Wash Service at a Customer’s premises or nominated location.

You must not, under any circumstances, use a fire hose in connection with any Wash Service.

TRANSACTIONSONLY TO BE PERFORMED VIA THE APP

All transactions performed between a User and a Washer must be made via the App. Under no circumstances shall a User and/or a Washer make any arrangement for a vehicle (Vehicle) to be washed outside of, or independent to, the App.

PAYMENTS

Payments for a Wash Service

Customers will make all payments in connection with a Wash Service via the App at the time of booking a Wash Service. Under no circumstances, shall you accept any payment for a Wash Service from a Customer or request any such payment.

With respect to payments made to Kneetly by a Customer for a Wash Service:

  • Kneetly will retain 100% of the booking fee for each Wash Service;
  • Kneetly will deduct a 20% commission from the fee paid by a Customer for a Wash Service (the Wash Service Fee);
  • Upon confirmation of completion of the wash by both you and the Customer, Kneetly will holds the remaining 80% of the Wash Service Fee in a suspense account for payment to you on a weekly basis; and
  • Any Wash Service Fee that is payable to you by Kneetly will be transferred, via electronic funds transfer (EFT), to your nominated bank account on Wednesday of each week.

You may accept a monetary tip directly from a Customer at the time of a Wash Service being performed, which is in excess of what a Customer has paid via the App for a Wash Service. You agree and acknowledge that your receipt of a tip from a Customer is not expected and you agree to not encourage any Customer to pay you any such tip.

Goods and services tax (GST)

All prices displayed in connection with the App are in Australian dollars (AUD) and exclude GST.

CANCELLATIONS AND REFUNDS

Cancellations

In the event that you cancel a Wash Service due to illness, or for any other valid reason, then the Customer may, at their own option, reschedule the Wash Service. However, the Customer is under no obligation to do so.

Refunds

In the event that you cancel a Wash Service due to illness, or for any other valid reason, then the Customer will be entitled to receive a full refund from us.

RESCHEDULING A WASH SERVICE

In the event that inclement weather occurs on the day of a Wash Service being scheduled, the Customer may reschedule the Wash Service. However, the rescheduled Wash Service must be completed within seven (7) days from the time that the original Wash Service was scheduled.

The Customer must determine if a Wash Service is to be rescheduled at least one (1) hour prior to the scheduled time.

To avoid any doubt, the term inclement weather shall be taken to mean the existence of rain or abnormal climatic conditions (for example, hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination thereof) and because of such element or elements, it is either not reasonable or safe for the Wash Service to occur.

INSPECTION OF VEHICLE

You will be responsible for final confirmation of the type of wash required and the size of the Vehicle to be washed.

Therefore, if a Customer presents a Vehicle that is heavily soiled, then you may upgrade the type of wash to be provided. Also, if the presented Vehicle is larger or smaller than what the Customer booked in, then you may amend the size and cost for the Wash Service accordingly. However, you must exercise your judgement and discretion in an open, honest and fair manner and not use such discretion to simply increase the amount payable by a Customer.

If an amendment of wash type or vehicle size incurs an additional charge or credit due to a reduction in your service fee, then the Customer consents to the additional charge or credit to be automatically deducted or credited from their original method of payment.

You must inspect the presented Vehicle prior to undertaking a Wash Service. Where you note that there is pre-existing damage to a Vehicle, you must complete a condition report for the Vehicle and obtain the Customer’s acceptance of the condition report. In the event that the Vehicle is unattended, then the Customer’s acceptance of the condition report will be deemed as being provided. In all cases, notification of a condition report being completed will be provided to the Customer.  Should a Customer refuse to accept the condition report, then the Wash Service will be cancelled and the User will forfeit the associated fee.

ACCESS TO CUSTOMER’S VEHICLE

The Customer must ensure that the Vehicle to be washed is presented in a way that it is ready to be washed. This includes ensuring that the Vehicle is readily and easily accessible by the Washer to provide the Wash Service.

Where items are left within the Vehicle and those items hinder your access or ability to clean certain parts of the Vehicle, then you should only clean around those items and not move or relocate such items.

PERSONAL PROPERTY OF THE CUSTOMER

You must encourage the Customer to remove all personal belongings from the Vehicle prior to a Wash Service being performed.

Any personal belongings left in the Vehicle will remain at the Customer’s own risk. Kneetly accepts no responsibility for the loss or damage of any personal belongings or valuables left in the Vehicle during a Wash Service.

RATINGS VIA THE APP

You agree to, after each and every Wash Service performed, rate the Customer via the rating function within the App.

You acknowledge that, a Customer will (via the App) use the rating function within the App to rate your performance of a Wash Service.

You also acknowledge that a Customers may (via the App)favourite Washers, who they are highly satisfied with and would like to engage for a future Wash Service. A Customer must favourite a Washer on their own accord and you agree to not place a Customer under any obligation or pressure to rate you in any particular way.

PROHIBITED CONDUCT

In relation to our Services, you must not:

  • use our Service for any activities, or post or transmit via the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use our Service to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the App or the Internet;
  • use our Service to send unsolicited commercial electronic messages;
  • in any way tamper with, hinder or modify the App;
  • knowingly transmit any viruses or other disabling features to the App or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

TERMINATION

Kneetly may terminate these Terms or your Account if, in the view of Kneetly, you have committed any material breach of these Terms and in the case of a breach capable of being remedied, have failed to remedy the breach within seven (7) days after the receipt of a written request from Kneetly.

You may terminate these Terms at any time.

RELATIONSHIP OF PARTIES

Therelationship between Kneetly and you is contractual only and does not create a relationship of employment, partnership or any other legal relationship. You agree and acknowledge that Kneetly merely provides the App as a platform to facilitate transactions between Customers and Washers. Consequently, Kneetly cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your decision to become a registrant via the App or your performance of car wash services on behalf of a Customer.

REPRESENTATIONS AND WARRANTIES

Subject to all applicable laws, our Service is provided by on an ‘as is’ basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

EXCLUSIONS AND LIMITATIONS OF WARRANTY

To the extent permitted by law, Kneetly will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

  1. suspension or cancellation of your Account;
  2. your use of our Service;
  3. any interruptions or delays in accessing the App;
  4. circumstances beyond the reasonable control of Kneetly; or
  5. your performance of a Wash Service

whether in contract, tort (including negligence) or otherwise.

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:

  • the resupply of our Service; or
  • the payment of the cost of having our Service resupplied.

INDEMNITY

To the fullest extent permitted by law, you agree to indemnify Kneetly from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Service or the performance of a Wash Service.

ASSIGNMENT

You shall not assign, transfer or sub-licence any of its rights or obligations under these Terms, except with the prior written consent of Kneetly.

DISPUTES

You agree to use your best endeavours to resolve any disputes arising out of this agreement. In the event that a dispute arises between the parties, then the parties agree to use their best endeavours to resolve such dispute within a period of ten (10) days from the time either gives to the other, written notice of the dispute.

In the event that such dispute arises and has not been resolved in accordance within the specified ten (10) days, then the parties agree to use their best endeavours to settle the dispute by mediation by a Mediator appointed by the President of the Queensland Law Society.

< h4class="lead bold">GENERAL

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in these Terms are reserved.

If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

JURISDICTION

The laws of the state of Queensland govern these Terms.

CONTACT US

Please email us if you have any questions relating to these Terms.

These Terms were last updated on 24 January 2017.

REGISTRATION TERMS–JUNIOR WASHER

These RegistrationTerms (these Terms) set out the terms that govern your use of theservices offered via the Kneetly software application (the App). This document is a legally binding agreement between Kneetly Pty Ltd A.C.N.612 936 197 (we, us, our or Kneetly) and you, the provider of car wash services (you or the Washer).

Kneetly provides youwith a platform toaccess customers (Customer)who wish to, via the App (our Service), obtaina car washservice (Wash Service).

Your decision to create an account via the App(the Account) means thatyou acknowledge that you have read and understood these Terms and agree to be bound by them. Your access to our Serviceis conditional upon your acceptance and ongoing compliance with these Terms.

We reserve the right to decline, for any reason whatsoever, any request for registration via the App.

WASHERS AGED BETWEEN 13 AND 17 YEARS

If you are aged between 13 and 17 years, then you must obtain your parent or guardian’s consent before accessing the App and registering for an Account.

At the time ofregistration of an Account, you must complete the mandatory section within the App to provide your parent and/or guardian contact details and acknowledge that you have been granted with their permission to become a Washer.

You agree and acknowledge that Kneetly will, via email, inform your parent and/or guardian that you have registered to become a Washer via the App.

Washers aged 13 and 14 years

If you are 13 or 14 years of age, you must, at all times, be supervised by your parent and/or guardian while performing a Wash Service.

USE OF OUR SERVICE

In order to use our Service, you must first register as a Washer via the registration process on the App.

REGISTRATION VIA THE APP

Registration occurs when the User creates an Account via the App. When creating an Account, you warrant that:

  • you will provide accurate, current and complete information;
  • you are solely responsible for maintaining the confidentiality of your Account log-in information, such as username, password, and any other identifying information, and are solely responsible for all activities that occur under your Account;
  • you will not use another person’s account without permission from the owner of that Account;
  • you will immediately notify Kneetlyof any unauthorised use of your Account or any other breach of security. Kneetlywill not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure; and
  • you will pay all fees payable in connection with our Service.

After you create an Account, you may change information relating to the Account andin doing so, you undertake to update details relating to your Account with true and accurate information at all times.

We undertake to take all due care with any information you provide to use when creating, updating and accessing your Account, and we agree to comply with Australian Privacy laws as set out in the KneetlyPrivacy Policy.

Registrationvia the Appentitles you to a non-exclusive, non-transferable right to access and use our Service, subject to these Terms. You agree to be solely responsible for any conduct associated with, or originating from your Account.

TERM OF AGREEMENT

The agreement between the parties that is governed by these Terms will continue until such time that termination has occurred pursuant to these Terms.

CRIMINAL HISTORY CHECK

Kneetly reserves the right to require you to provide us with a criminal history check. In the eventthat it is disclosed, via a check or otherwise, that you have committed any dishonesty or violence offence, then we will immediately terminate your Account and you will not be permitted to provide a Wash Service. Your failure or refusal to provide us with a criminal history check will also result in us terminating your Account.

PERFORMANCE OF A WASH SERVICE

Prior to performing any Wash Service, you agree to view all instructional material provided by Kneetly, including instructional videos.

In performing a Wash Service, you:

  • acknowledge that Kneetly aims to provide a level of service that is superior to any other provider of similar services and therefore, you play an integral role in ensuring that such level of service is provided and maintained;
  • must follow any prescribed processes, as reasonably directed by Kneetly;
  • must exercise and use your best efforts and techniques to achieve a high quality Wash Service;
  • must, at all relevant times, present yourself in a clean, tidy and professional manner; and
  • must abide by any water and/or noise restrictions that may apply in any location that a Wash Service is performed.

EQUIPMENT

You will, at your own cost, be responsible for obtaining and using all consumables and tools of trade required to perform a Wash Service. This will exclude water and electricity where you perform a Wash Service at a Customer’s premises or nominated location.

You must not, under any circumstances, use a fire hose in connection with any Wash Service.

TRANSACTIONSONLY TO BE PERFORMED VIA THE APP

All transactions performed between a User and a Washer must be made via the App. Under no circumstances shall a User and/or a Washer make any arrangement for a vehicle (Vehicle) to be washed outside of, or independent to, the App.

PAYMENTS

Payments for a Wash Service

Customers will make all payments in connection with a Wash Service via the App at the time of booking a Wash Service. Under no circumstances, shall you accept any payment for a Wash Service from a Customer or request any such payment.

With respect to payments made to Kneetly by a Customer for a Wash Service:

  • Kneetly will retain 100% of the booking fee for each Wash Service;
  • Kneetly will deduct a 20% commission from the fee paid by a Customer for a Wash Service (the Wash Service Fee);
  • Upon confirmation of completion of the wash by both you and the Customer, Kneetly will holds the remaining 80% of the Wash Service Fee in a suspense account for payment to you on a weekly basis; and
  • Any Wash Service Fee that is payable to you by Kneetly will be transferred, via electronic funds transfer (EFT), to your nominated bank account on Wednesday of each week.

You may accept a monetary tip directly from a Customer at the time of a Wash Service being performed, which is in excess of what a Customer has paid via the App for a Wash Service. You agree and acknowledge that your receipt of a tip from a Customer is not expected and you agree to not encourage any Customer to pay you any such tip.

Goods and services tax (GST)

All prices displayed in connection with the App are in Australian dollars (AUD) and exclude GST.

CANCELLATIONS AND REFUNDS

Cancellations

In the event that you cancel a Wash Service due to illness, or for any other valid reason, then the Customer may, at their own option, reschedule the Wash Service. However, the Customer is under no obligation to do so.

Refunds

In the event that you cancel a Wash Service due to illness, or for any other valid reason, then the Customer will be entitled to receive a full refund from us.

RESCHEDULING A WASH SERVICE

In the event that inclement weather occurs on the day of a Wash Service being scheduled, the Customer may reschedule the Wash Service. However, the rescheduled Wash Service must be completed within seven (7) days from the time that the original Wash Service was scheduled.

The Customer must determine if a Wash Service is to be rescheduled at least one (1) hour prior to the scheduled time.

To avoid any doubt, the term inclement weather shall be taken to mean the existence of rain or abnormal climatic conditions (for example, hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination thereof) and because of such element or elements, it is either not reasonable or safe for the Wash Service to occur.

INSPECTION OF VEHICLE

You will be responsible for final confirmation of the type of wash required and the size of the Vehicle to be washed.

Therefore, if a Customer presents a Vehicle that is heavily soiled, then you may upgrade the type of wash to be provided. Also, if the presented Vehicle is larger or smaller than what the Customer booked in, then you may amend the size and cost for the Wash Service accordingly. However, you must exercise your judgement and discretion in an open, honest and fair manner and not use such discretion to simply increase the amount payable by a Customer.

If an amendment of wash type or vehicle size incurs an additional charge or credit due to a reduction in your service fee, then the Customer consents to the additional charge or credit to be automatically deducted or credited from their original method of payment.

You must inspect the presented Vehicle prior to undertaking a Wash Service. Where you note that there is pre-existing damage to a Vehicle, you must complete a condition report for the Vehicle and obtain the Customer’s acceptance of the condition report. In the event that the Vehicle is unattended, then the Customer’s acceptance of the condition report will be deemed as being provided. In all cases, notification of a condition report being completed will be provided to the Customer.  Should a Customer refuse to accept the condition report, then the Wash Service will be cancelled and the User will forfeit the associated fee.

ACCESS TO CUSTOMER’S VEHICLE

The Customer must ensure that the Vehicle to be washed is presented in a way that it is ready to be washed. This includes ensuring that the Vehicle is readily and easily accessible by the Washer to provide the Wash Service.

Where items are left within the Vehicle and those items hinder your access or ability to clean certain parts of the Vehicle, then you should only clean around those items and not move or relocate such items.

PERSONAL PROPERTY OF THE CUSTOMER

You must encourage the Customer to remove all personal belongings from the Vehicle prior to a Wash Service being performed.

Any personal belongings left in the Vehicle will remain at the Customer’s own risk. Kneetly accepts no responsibility for the loss or damage of any personal belongings or valuables left in the Vehicle during a Wash Service.

RATINGS VIA THE APP

You agree to, after each and every Wash Service performed, rate the Customer via the rating function within the App.

You acknowledge that, a Customer will (via the App) use the rating function within the App to rate your performance of a Wash Service.

You also acknowledge that a Customers may (via the App)favourite Washers, who they are highly satisfied with and would like to engage for a future Wash Service. A Customer must favourite a Washer on their own accord and you agree to not place a Customer under any obligation or pressure to rate you in any particular way.

PROHIBITED CONDUCT

In relation to our Services, you must not:

  • use our Service for any activities, or post or transmit via the App, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use our Service to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the App or the Internet;
  • use our Service to send unsolicited commercial electronic messages;
  • in any way tamper with, hinder or modify the App;
  • knowingly transmit any viruses or other disabling features to the App or via the Website; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

TERMINATION

Kneetly may terminate these Terms or your Account if, in the view of Kneetly, you have committed any material breach of these Terms and in the case of a breach capable of being remedied, have failed to remedy the breach within seven (7) days after the receipt of a written request from Kneetly.

You may terminate these Terms at any time.

RELATIONSHIP OF PARTIES

Therelationship between Kneetly and you is contractual only and does not create a relationship of employment, partnership or any other legal relationship. You agree and acknowledge that Kneetly merely provides the App as a platform to facilitate transactions between Customers and Washers. Consequently, Kneetly cannot, and will not, be liable for any actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to your decision to become a registrant via the App or your performance of car wash services on behalf of a Customer.

REPRESENTATIONS AND WARRANTIES

Subject to all applicable laws, our Service is provided by on an ‘as is’ basis and we make no representation or warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

EXCLUSIONS AND LIMITATIONS OF WARRANTY

To the extent permitted by law, Kneetly will not be liable for any loss or damages, whether direct, indirect, incidental or consequential, arising from:

  1. suspension or cancellation of your Account;
  2. your use of our Service;
  3. any interruptions or delays in accessing the App;
  4. circumstances beyond the reasonable control of Kneetly; or
  5. your performance of a Wash Service

whether in contract, tort (including negligence) or otherwise.

All conditions and warranties, which may be implied by law into these Terms, are excluded except to the extent that it would be unlawful to do so.

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by these Terms, is limited, at our option, to one or more of the following:

  • the resupply of our Service; or
  • the payment of the cost of having our Service resupplied.

INDEMNITY

To the fullest extent permitted by law, you agree to indemnify Kneetly from any liability for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from your use of our Service or the performance of a Wash Service.

ASSIGNMENT

You shall not assign, transfer or sub-licence any of its rights or obligations under these Terms, except with the prior written consent of Kneetly.

DISPUTES

You agree to use your best endeavours to resolve any disputes arising out of this agreement. In the event that a dispute arises between the parties, then the parties agree to use their best endeavours to resolve such dispute within a period of ten (10) days from the time either gives to the other, written notice of the dispute.

In the event that such dispute arises and has not been resolved in accordance within the specified ten (10) days, then the parties agree to use their best endeavours to settle the dispute by mediation by a Mediator appointed by the President of the Queensland Law Society.

GENERAL

If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in these Terms are reserved.

If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you.

JURISDICTION

The laws of the state of Queensland govern these Terms.

CONTACT US

Please email us if you have any questions relating to these Terms.

These Terms were last updated on 24 January 2017.

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