LAST UPDATED 11/09/2015
This Site is not directed to children under age 13. You must be 18 years old (or the legal age of majority in your state) and able to form legally binding contracts to be eligible to use the Site and the Services. You agree to use this Site and Services only for lawful purposes, and that you are responsible for your use of the Site and Services and communications with us, all of which must comply with these Terms and Conditions. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site.
We may, in our sole discretion, modify these Terms and Conditions. The “Last Updated” date at the top of these Terms and Conditions will indicate when the latest modifications were made. By continuing to access and use this website or Services after these Terms and Conditions has been modified, you are agreeing to such modifications. Therefore, you should review these Terms and Conditions prior to each use.
Please read our Terms and Conditions carefully. These terms include an agreement to mandatory arbitration for any dispute or claim (meaning you agree to submit any dispute or claim related to Car Spa Center rather than proceeding in court). If you opt out of this mandatory arbitration agreement, the provision agreement is outlined below describes the procedures you must follow. This agreement also includes a class action waiver (meaning you agree to proceed with any dispute individually and not apart of a class action suit). These terms and conditions also include a jury waiver.
BENEFITS OF USING CAR SPA CENTER
There are many benefits to using Car Spa Center for all your detailing needs:
Car Spa Center Saves you time and Money by eliminating the time it takes to do a car detail, pre-qualified, honest and reputable detail professionals at Car Spa Center provides you with the ability to schedule a detailer easily and conveniently online. Your also able to book a detail service through a customer service agent over the phone.
All our Detailers must maintain their “A+” Rating to stay apart of our detailing program. Lets face it, most people don’t get their car detailed often and it would take you 3-4 details before finally finding that “Good Detailer”.
Here at Car Spa Center, our number one goal is to provide you with access to our outstanding local detailer Car Spa franchisee on your first visit, rather than searching for a “Good Detailer”, detail after detail.
www.CarSpaCenter.com may enable you to post your own content on the Site, such as Feedback (as defined below) regarding the Services or the Service Professional. We reserve the right to remove any Feedback, including any unfavorable feedback. If you are a present or former employee, an employer, an immediate family member, or if you have any relationship to the detail professional beyond that of a consumer, and you post Feedback about the detail professional, you agree to fully disclose your affiliation with the detail professional in any Feedback you post on the Site. Car Spa Center shall become the owner of any reviews, comments, suggestions or other feedback regarding the services posted to www.CarSpaCenter.com, any of Car Spa Center social media pages, and other websites where “feedback” is gathered. Car Spa Center will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted and will not incur any liability as a result of any similarities that may appear. Without limitation, Car Spa Center has ownership of all present and future existing rights to any feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation and to you or any other person sending the Feedback. We have the right to do this without notifying you or without your knowledge of us doing so. You acknowledge that you are responsible for whatever material you submit, and you, not Car Spa Center, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
Other than Feedback, as between us and you, you own, or have obtained the right to post, all of the content and information that you post or share on the Site (referred to as “User Content”). By posting any User Content, you hereby grant us a royalty free, fully paid up, perpetual, irrevocable, fully sub-licensable, license and right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit your user Content in any manner we see fit. We may use your User Content in any manner for any purpose, including to advertise and promote Car Spa Center, the Services and/or the Service Professional. We may exercise our rights anywhere in the world.
By creating an account or using our services, you agree to receive communications, including promotional communications, from time to time from Car Spa Center via any form of advertising we deem fit. You may stop receiving promotional alerts via email by unsubscribing at any time by clicking the unsubscribe link at the bottom of each email. You may also receive text message communications to your mobile device relating to your booked service and/or your Account, if you opt to receive such text message communications. You acknowledge and agree that we may send a response text message solely to confirm your opt out request.
COPYRIGHT & TRADEMARKS
You acknowledge that all materials on www.CarSpaCenter.com, except for the User Content, including the websites design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Car Spa Center and its affiliates. All materials are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site and any Marks associated with any services available through the Site are the property of Car Spa Center and/or its suppliers or licencors and, except as expressly authorized by these Terms and Conditions or on the website, they may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Car Spa Center
We respect the intellectual property rights of others. Upon proper notice, we will remove content from the Site that violates copyright or other intellectual property rights
LIMITATION OF LIABILITY
You expressly understand and agree to the terms of limited liability listed below.
Your use of www.CarSpaCenter.com is at your sole risk. The materials contained herein are on an “as is” and “as available” basis. We do not expressly guarantee any detail order date and/or time. We will accommodate all requests the to the best of our ability and we reserve the right to cancel any detail request we deem necessary. Car Spa Center and all its affiliates (employees & detail professionals) or collectively known as “Car Spa Center parties” disclaim all warranties of any kind pertaining to www.CarSpaCenter.com and all materials herein, whether express or implied, including but not limited to merchant liability.
Car Spa Center Service Guarantee can be terminated at any time in whole or in part. We do not guarantee the course of action taken by any Detailer franchise in regards to trying to resolve a dispute for services. We only moderate and facilitate the arbitration (without the use of legal aid).
Car Spa Center makes no warranty that:
www.CarSpaCenter.com will be uninterrupted, timely, secure, error free and free of viruses or bugs. Any use of www.CarSpaCenter.com is solely at your own discretion and liability and Car Spa Center is not liable for any damage or loss on your behalf.
Except as explicitly set forth in the Car Spa Center Service Guarantee, and to the fullest extent of the law, Car Spa Center disclaim all warranties of any kind.
Car Spa Center and its affiliates are not liable for any loss or damages of any kind arising from the use of, inability of the use of, or connection to www.CarSpaCenter.com and its related materials. All services scheduled are tentative basis and not guaranteed.
CAR SPA CENTER PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A PROVIDER OF ANY PRODUCTS OR SERVICES, INCLUDING THOSE OF SERVICE PROFESSIONALS AVAILABLE VIA THE SITE, (III) FOR ANY DEFECTIVE PRODUCTS AND/OR SERVICES PROVIDED BY SERVICE PROFESSIONALS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, OR (VI) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CAR SPA CENTER AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. CAR SPA CENTER IS NOT LIABLE FOR ANY LOSS, DAMAGE OR ACTION OF ANY DETAIL PROFESSIONAL FRANCHISEE. OUR SOLE RESPONSIBILITY IS TO PROVIDE EACH CUSTOMER WITH A DETAIL COMPANY IN THEIR LOCAL AREA. ANY AND ALL FEES/ PAYMENTS MADE TO CAR SPA CENTER IS FOR THE REFERRING YOU TO A DETAIL PROFESSIONAL AND NOT FOR THE DETAIL. ANY CLAIM MUST BE HANDELED DIRECTLY WITH THE DETAIL PROFESSIONAL HANDING YOUR DETAIL.
You agree to indemnify, defend and hold harmless the Car Spa Center and affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of the Site or the Materials, your breach of these Terms and Conditions, or your infringement or violation of any rights of another.
BOOKING A DETAIL
You may book detail services from Car Spa Center online at www.CarSpaCenter.com, or by calling customer service at P: (508) 655-3164. Each Detail Order will include the type and scope of the detail ordered, the requested date and time of the Service(s), the location at which the Service(s) will be performed, and the estimated cost (the estimated price on www.CarSpaCenter.com is generally the price paid for the detail; However in the unlikely event that a vehicle is abnormally dirty, has pet hair, sand, etc. the customer is liable for an additional dirty charge if determined applicable by our detail professional and will be discussed with the client).
By booking a Detail, your agreeing to our price estimate, you agree that a contract exists between you and Car Spa Center, pursuant to which the Services will be provided. If during the course of the detail, the detail professional determines that the work required is greater than what was initially contemplated by more than 10% of the amount of the original price estimate (before applicable taxes), the detail professional will advise you and generate a new price estimate reflecting the increase in scope of the Services. If you approve the revised estimate, the detail professional will complete the work. If you do not approve the revised price estimate, the detail professional will take reasonable efforts to complete some or all of the work specified on the original estimate or not, the pricing for which you had previously agreed to.
Your Responsibilities: If you book a detail, you agree that: (a) you have the right to grant the Car Spa detail professional access to the premises and to the vehicle to perform the Services; (b) that all information entered for the detail is correct (outlined in your confirmation e-mail). If you have any errors in your information, reply to your detail confirmation e-mail with the corrections. If we’re unable to perform a detail because information is incorrect about your detail order, your liable for applicable cancellation fees.
CANCELLATION OF A DETAIL
You may cancel a booked detail 48 hours ahead of your appointment date (48 hours ahead of the date of the detail and not the time of the detail) without incurring any fees, penalties or charges. If the weather is bad and you need to reschedule we can accommodate this request with no fees. In the event that a you have to reschedule due to weather, your detail is subject to availability of the detail professional and no refunds will be given. If you wish to cancel your detail after the detail professional arrives at the premises but before the detail professional begins to perform services, you will be liable for an additional 25% missed/canceled appointment fee, If you cancel the detail after the detail professional has commenced upon your service, you will be responsible to pay for the full amount of the detail.
PAYMENT FOR A DETAIL
Upon the completion of the detail, you authorize your credit card to be charged for the balance of the detail. You agree to pay in full the for cost of the detail. Results will vary on every detail performed, some better than others and results can not be guaranteed. We make every attempted to perform the best detailing services possible; However you agree to pay for the service in whole regardless of outcome of the detail. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, penalties, fees, etc have been paid in full. In addition, you agree to bear all of our costs of collection, including our attorneys’ fees and other legal expenses.
GEOGRAPHIC LIMITS OF SERVICE
Car Spa Center does not guarantee service in all geographical areas and we are not liable in the event that we don’t service your area. By booking your detail online we’re not guaranteeing we service your area. In the event that we don’t service your area we will notify you of the cancellation and no charges will be made to your credit card. Car Spa Center makes no representation that materials contained on www.CarSpaCenter.com or Services or products described or offered on or via the Site are appropriate or available for use in jurisdictions outside the United States, or that these Terms and Conditions complies with the laws of any other country. Visitors who use the Site or Services and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Car Spa Center and affiliates, are responsible for compliance with applicable local laws.
TERMINATION OF SITE USAGE
You agree to use www.CarSpaCenter.com only for lawful purposes, and that you are responsible for your use of and communications on www.CarSpaCenter.com, which must comply with these Terms and Conditions. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You will not attempt in any way to reverse engineer, alter, modify, eliminate, conceal, or otherwise render inoperable or ineffective the Site or its functionality.
This Agreement is effective unless and until terminated by Car Spa Center You agree that Car Spa Center may terminate or suspend your access to all or part of this Site and the Services, at any time, without notice, for any conduct that Car Spa Center
Car Spa Center reserves the right to at any to modify or discontinue, any content on www.CarSpaCenter.com without prior consent. Except as otherwise expressly stated in these Terms and Conditions, you agree that Car Spa Center and affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
These Terms and Conditions shall survive any termination of these Terms and Conditions.
We stand behind our work with our Car Spa Center Satisfaction Guarantee! We strive to not only meet but exceed your expectations on every detail! Our service guarantee we allows you to review your vehicle before the Detailer leaves insuring your happy with the detail. After reviewing your vehicle the Detailer will be more than happy to fix anything you may see. After your 100% happy with your detail you’ll pay for your service. All of our Detailers strive to exceed every customers expectations; However our service guarantee can not be promised if your not present for the detail to review the work. Car Spa Center Service Guarantee is our way of standing behind the Services. However, there may be instances when your not happy with the resolution. Car Spa Center Services Guarantee only implies that we will stand behind you to the extent that we will no longer use a detail professional if they don’t resolve an issue in a reasonable manner. We express no other guarantee then the guarantee set herein.
NO ARBITRATION OR OTHER CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
CAR SPA CENTER AND YOU “USER” AND “RECIPIENT OF DETAIL” BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND CAR SPA CENTER BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Site, the Services, or these Terms and Conditions be instituted more than one (1) year after the cause of action arose.
SEVERABILITY & INTERPRETATION
If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these Terms and Conditions, the term “including” shall be deemed to be followed by the words “without limitation.”
The failure of the Car Spa Center parties to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms and Conditions.
You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site, the Services, or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of these Terms and Conditions are for the benefit of Car Spa Center and affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Car Spa Center does not guarantee the outcome of any detail performed because every vehicle varies. We do the best physically possible on every detail performed. Any issues or disputes can easily be handled directly with the detail frachisee professional when they’re on-site.
Car Spa Inc.
1 508 655-3164