Terms and Conditions for SAX Car Valet’s Monthly Subscription Wash Service
1. Service Description
This Monthly Subscription Wash Service which is provided by SAX Car Valet includes the following for each service:
- Exterior Wash & Wax
- Towel Dry
- Tire & Wheel Shine
- Cleaning of Dash & Door Jams
- Windows Wiped
- Quick Vacuum
2. Subscription Term and Payments
- The minimum contract length for the Service is four (4) months.
- Subscribers are required to pay a monthly fee for the Service, which will be automatically debited from the subscriber’s designated account.
- The payment schedule and amount will be as agreed upon at the start of the subscription.
3. Vehicle Registration and Service Eligibility
- The Service is only available for the specific vehicle registered with the Company at the time of subscription.
- The same registered vehicle must be presented for each monthly service.
4. Use of Services
- Subscribers are entitled to one car wash per month.
- Unused washes cannot be accumulated or rolled over to subsequent months.
5. Additional Services and Special Requests
- Any special requests or additional services outside the standard package will be subject to additional charges.
- Additional charges will be quoted and agreed upon prior to the provision of these services.
6. Cancellation and Refusal of Service
- Subscribers wishing to cancel their subscription must provide a minimum of one (1) month’s notice in writing.
- The Company reserves the right to cancel any subscription or refuse service at its discretion.
7. Refund Policy
- No refunds will be provided for any unredeemed washes, irrespective of the reason for non-redemption.
- In the event of cancellation, any remaining wash up to the end of the notice period will still be available for use.
8. Liability and Indemnification
- Limitation of Liability: To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use, or alteration of your transmissions or content.
- Consumer Guarantees Act 1993: Nothing in these terms is intended to avoid the provisions of the New Zealand Consumer Guarantees Act 1993, except to the extent permitted by that Act, and these terms will be read as modified to the extent necessary to give effect to that intention.
- Indemnification: You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the services or your violation of these terms.
- Insurance: The Company maintains insurance appropriate to its business operations. However, customers are encouraged to maintain their own insurance for comprehensive coverage.
- Force Majeure: The Company is not liable for any failure to perform its obligations hereunder where such failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
The Company is committed to protecting the privacy and security of our subscribers’ personal information. Information collected will be used solely for the purpose of providing the Service and will not be shared with any third parties except as necessary to provide the Service or as required by law.
10. Amendments to Service
The Company reserves the right to amend the Service offerings, including prices, features, and terms, at any time. Subscribers will be notified of any significant changes in advance on the Company Website or with direct communication.
11. Safety and Vehicle Condition
Subscribers are responsible for ensuring that their vehicle is in a safe condition for washing and detailing services. The Company reserves the right to refuse service for vehicles that present a safety hazard or are in a condition that could result in damage during the washing process.
12. Dispute Resolution
In the event of a dispute, the parties will first attempt to resolve the issue informally. If the dispute cannot be resolved informally, the parties agree to submit to binding arbitration in accordance with the rules of the New Zealand Arbitration Association.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in effect.
14. No Waiver
The failure of either party to exercise any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision.
15. Changes to Terms and Conditions
The Company reserves the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting to the Company’s website or direct communication to subscribers.
16. Governing Law
- Applicable Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand, without giving effect to any principles of conflicts of law.
- Jurisdiction: The parties agree that any legal action or proceeding relating to this agreement shall be brought exclusively in the courts of New Zealand. The subscriber consents to the jurisdiction of such courts and waives any jurisdictional or venue defenses otherwise available.
- Compliance with Local Laws: The Company operates in compliance with the laws and regulations of New Zealand. The subscriber agrees to abide by all applicable local, state, national, and international laws and regulations in relation to their use of the Service.
17. Entire Agreement
These terms and conditions constitute the entire agreement between the subscriber and the Company regarding the Service and supersede all prior agreements and understandings, both written and oral.