Thank you for using OHCARWASH products and services ("Services"). The Services are provided by Danny Oh Software Inc. ("Danny Oh Software"), by using OHCARWASH Services, you are agreeing to these terms and to follow all OHCARWASH policies made available to you. Please read them carefully.
Using our Services
You agree not to misuse OHCARWASH Services. You agree not to interfere with OHCARWASH Services or try to access them using a method other than the interface and the instructions that OHCARWASH provides. You agree to use OHCARWASH Services only as permitted by law, including applicable export and re-export control laws and regulations. OHCARWASH may suspend or stop providing OHCARWASH Services to you if you do not comply with OHCARWASH terms or policies or if OHCARWASH is investigating suspected misconduct. Using OHCARWASH Services does not give you ownership of any intellectual property rights in OHCARWASH Services or the content you access. You agree to not use content from OHCARWASH Services unless you obtain permission from OHCARWASH or where OHCARWASH is not the owner of the content, from its owner or when otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in OHCARWASH Services. You do not have the right to remove, obscure, or alter any legal notices displayed in or along with OHCARWASH Services. OHCARWASH Services display some content that is not OHCARWASH's. This content is the sole responsibility of the entity that makes it available. OHCARWASH may review content to determine whether it is illegal or violates OHCARWASH policies, and OHCARWASH may remove or refuse to display content that OHCARWASH reasonably believe violates OHCARWASH policies or the law. But that does not necessarily mean that OHCARWASH reviews all content, so please don't assume that we do. In connection with your use of the OHCARWASH Services, OHCARWASH may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
OHCARWASH Account
You may need a OHCARWASH Account in order to use some of OHCARWASH Services. You may create your own OHCARWASH Account, or your OHCARWASH Account may be assigned to you by an administrator, such as your employer. If you are using a OHCARWASH Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. You are not permitted to create an account for someone without their prior consent nor are you permitted to install our software on someone's devices without their prior consent - to do so would be a violation of these terms and is against the law. If you learn of any unauthorized use of our software please notify OHCARWASH by sending email to support@ohcarwash.com. If you learn of any unauthorized use of your password or account, please change your password immediately and notify OHCARWASH by sending email to support@ohcarwash.com.
Privacy and Copyright Protection
OHCARWASH's privacy policies explain how we treat your personal data and protect your privacy when you use OHCARWASH Services. By using OHCARWASH Services, you agree that OHCARWASH can use your data in accordance with OHCARWASH privacy policies. OHCARWASH responds to notices of alleged copyright infringement and will terminate accounts of repeat infringers according to the process set out in the Copyright Act of Canada. OHCARWASH provides information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can sending email to support@ohcarwash.com
Your Content in our Services
Some of OHCARWASH Services allow you to submit content subject to the grants specified below. You retain ownership of any intellectual property rights that you hold in that content. When you upload or otherwise submit content to OHCARWASH Services, you grant OHCARWASH (and those parties OHCARWASH works with) a worldwide, unrestricted license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes OHCARWASH makes so that your content works better with OHCARWASH Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving OHCARWASH Services, and to develop new ones. This license shall continue even if you stop using OHCARWASH Services. Some OHCARWASH Services may offer you ways to access and remove content that has been provided to that OHCARWASH Service. Also, in some OHCARWASH Services, there are terms or settings that narrow the scope of use of the content submitted in those Services. You must insure that you have the necessary rights to grant OHCARWASH this license for any content that you submit to OHCARWASH Services. You can find more information about how OHCARWASH uses and stores content in the privacy policy. If you submit feedback or suggestions about OHCARWASH Services, OHCARWASH may or may not use, at our sole discretion your feedback or suggestions without any obligation to you whatsoever.
About Software in our Services
When a OHCARWASH Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some OHCARWASH Services may let you adjust your automatic update settings. OHCARWASH gives you a personal, royalty-free, non-assignable and non-exclusive license to use the software provided to you by OHCARWASH as part of the OHCARWASH Services in specified countries and or territories. This license is for the sole purpose of enabling you to use and enjoy the benefit of the OHCARWASH Services as provided by OHCARWASH, in the manner permitted by these terms. You agree you will not copy, modify, distribute, sell, or lease any part of OHCARWASH Services or included software, and you agree not to reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have written permission from OHCARWASH. Your license shall automatically terminate when you stop using OHCARWASH Services or if OHCARWASH stops or suspends providing its services to you. Open source software is important to OHCARWASH. Some software used in OHCARWASH Services may be offered under an open source license that OHCARWASH will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
OHCARWASH is constantly changing and improving its Services. OHCARWASH may add or remove functionalities or features, and OHCARWASH may at any time suspend or stop a service altogether. You can stop using OHCARWASH Services at any time. OHCARWASH may also stop providing Services to you, or add or create new limits to OHCARWASH Services at any time. You own your data and preserving your access to such data is important. If we discontinue a service, where reasonably possible, OHCARWASH will give you reasonable advance notice and a chance to retrieve your data out of that service.Cancellation of accounts
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the OHCARWASH Services. You are entitled to cancel your account with OHCARWASH at any time. You may cancel your account by following the prompts when you are logged into your account through the Apps or the Website. If you cancel your account before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise). If your account is cancelled: (a) your account will be deactivated or deleted; (b) all of your rights granted under these Terms will immediately come to an end; and (c) all of your data and content may be deleted from our systems immediately. Your content cannot be recovered once your account is cancelled. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
Service Level Agreement:
Our service relies on Microsoft Azure Services for our infrastructure needs and therefore we have chosen to match their service level for our customers:
http://azure.microsoft.com/en-us/support/legal/sla/Merchant Services
You agree that OHCARWASH shall bare no responsibility for hosting Merchant services as they are provided by our partner. If you choose to accept debt and credit cards as part of the OHCARWASH Service you agree to be bound by the terms and conditions of our partner – Braintree solutions. Please review their terms and conditions on the following link:
https://www.braintreepayments.com/landing/gateway-terms-of-serviceOHCARWASH Warranties and Disclaimers
We provide OHCARWASH Services using a commercially reasonable level of skill and care. But there are certain things that OHCARWASH does not promise about OHCARWASH Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER OHCARWASH NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES, INCLUDING WITHOUT LIMITATION ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. OHCARWASH PROVIDES THE OHCARWASH SERVICES "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, OHCARWASH EXCLUDES ALL WARRANTIES BOTH EXPRESSED OR IMPLIED.
Liability for OHCARWASH Services
YOU AGREE THAT OHCARWASH, ITS OFFICERS, EMPLOYEES, AGENTS, OHCARWASH'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF OHCARWASH, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID OHCARWASH TO USE THE OHCARWASH SERVICES (OR, IF OHCARWASH CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, OHCARWASH, ITS OFFICERS, EMPLOYEES, AGENTS AND OHCARWASH SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OR INJURY WHETHER OR NOT IT IS REASONABLY FORESEEABLE. NO MATTER WHETHER BASED ON WARRANTY, CONTRACT TORT, OR ANY OTHER THEORY, OHCARWASH, ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTION OR CESSATION OF OHCARWASH SERVICES, ANY MISTAKES OR OMISSIONS OF YOUR CONTENT OR ANY VIRUS, BUGS, ETC TRANSMITTED OR THROUGH OHCARWASH SERVICES.
Business uses of our Services
If you are using OHCARWASH Services on behalf of a business, by your use on behalf of a business, that business accepts these terms of service set forth herein. You and that business hereby agree to hold harmless and indemnify OHCARWASH and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of OHCARWASH Services or violation of the terms set forth herein, including but not limited to any liability or expense arising from claims, losses, obligations, damages, suits, judgments, litigation costs and attorneys' fees.
About these Terms
OHCARWASH may modify these terms or any additional terms that apply to OHCARWASH Service to, including without limitation, to reflect changes to the law or changes to OHCARWASH Services. You should review the terms regularly. OHCARWASH will post notice of modifications to these terms on this page. OHCARWASH will post notice of modified additional terms in the applicable service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a service, you should discontinue your use of that service. If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between OHCARWASH and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that OHCARWASH may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. You agree that the terms of this service and any rights or licenses granted hereby may not be transferred or assigned by you, but shall be assignable and transferrable by OHCARWASH without restriction. The laws of Alberta, Canada, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or privincial courts of Alberta, Canada, and you and OHCARWASH consent to personal jurisdiction in those courts.