PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING
OUR WEBSITE OR OUR MOBILE APPLICATIONS.
This Customer Agreement (the “Agreement”) is an agreement between you and Elto Retail (Pty) Ltd T/a
Caresso Car Wash (Caresso Car Wash), or its affiliates that states the terms and conditions under which
you may use the website (the “Site”), the mobile applications (each an “App”) (the Site and Apps are
collectively, “Platform”) and receive our car wash , which includes the use of the car wash system known
as Caresso Car Wash. Your use of the Car Wash Service and the Platform constitutes your agreement to
the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not
use the Platform or the service.
Caresso Car Wash Satisfaction Guarantee
All of our services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any
reason, contact us via e-mail.
- The Car Wash Service
1.1. Signing up on the Platform.
The signup procedure indicates the services/wash options that you sign up for. These services might
change from time to time and the service you selected will be associated with your specific vehicle.
The subscription will be activated within 24 hours after the correct completion of the sign-up process by
the customer. Incorrect and/or incomplete information provided by the customer will delay the activation
period.
The delivery of the service can only commence once a RFD identification tag is secured on the inside of
the windscreen of the specific signed up vehicle. If the vehicle does not have a properly fitted RFD
identification tag in full working order the service will be denied.
You sign up for a monthly recurring payment for unlimited car washes as defined in our fair use policy
under paragraph 1.4 of the terms and conditions.
A service may not be shared between different vehicles and the service will only be made available to the
registered fully paid-up vehicle.
The unlimited car wash option is not applicable to commercially owned vehicles or vehicles used as a
means to generate income. The definition “to generate income” is solely at the discretion of Caresso Car
Wash and their right to terminate this agreement is absolute.
The cancelation to the subscription service is available on the platform and must be processed by the
customer at least 5 working days prior to the month end.
1.2. Operating hours, Price, Availability and Obligations.
The price selected by yourself is linked to a specific car wash package. These packages may change
from time to time at the sole discretion of Caresso Car Wash.
The car wash service is only available through the automated car wash system located at Elto-Towers
situated on the corner of Van Riebeeck & Botha Street, Kuils River, 7580.
The operating hour of the car wash is from 07:00 to 20:00 seven days a week, but might change at the
sole discretion of Caresso Car Wash.
Caresso Car Wash endeavor to keep the car wash system in working order however cannot guarantee
that the car wash system is operational at all business hours.
The Caresso Loyalty program, operated by Infinity, is not applicable to the subscription service and no
cashback will be earned on subscription purchases.
1.3. Cancellations.
The monthly subscription can be cancelled at any time however the payment received will be monthly in
advance.
1.4 Unlimited Car Washes – Fair Usage Policy
The fair use policy is our way of protecting the integrity of the Caresso Car Wash system. As with all
acceptable use policies, if you use more than a certain, predetermined ‘fair’ amount of car washes in a
given timeframe Caresso Car Wash at its sole discretion to refuse use of the car wash system until the
start of a new payment cycle.
The predetermined fair use is 6 car washes per payment cycle.
- Our Service – Payment
2.1. Credit/Debit Card Payment.
We may execute an amount for authorization or temporary charge on your Card to verify the validity of
your account and that the information you provided to us is correct. This authorization does not cost you
anything and under most circumstances will expire in a few days (debit card authorizations typically
expire in 1 to 2 days depending on your bank’s rules). If you experienced trouble enrolling, you may see
multiple authorizations. These multiple charges will expire in a few days.
2.2. Card Authorization and Estimated Costs.
Your Card will be charged monthly with the amount associated with your selected package. The amount
will be deducted on the last business day of the month preceding the signup period.
If you fail to pay any fees or charges when due the service will expire immediately.
2.3. Checking Account Payment.
To be eligible to pay for your order from a checking account: (1) you must have received, paid for, and
settled at least one prior order; (2) there must be a valid Card identified in your Customer Account; and
(3) your customer account must be in good standing. We do not accept paper checks.
2.4. Your checking account payment.
Will be processed monthly with the amount associated with your selected package. We will not process
orders that use an incorrect or overdrawn checking account. We will use reasonable efforts to contact you
if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for
any uncollected transactions owed to it. We will automatically attempt to process checking account
payments twice. If the first request is declined, we may charge a fee per order to cover the cost of
exception processing. If the second request is declined, we will charge a bounced check fee. Additionally,
in the event that sufficient funds are not available in your checking account, we will charge the full amount
of the order to your Card identified in your Customer Account Information.
2.5. Payment failure.
If you fail to pay any fees or charges when due the service will expire immediately.
2.6. Electronic benefits.
We have limited capability to accept electronic benefits. We do not accept paper checks or third party or
manufacturer’s coupons (electronic or paper) through the Platform; however, certain discounts may be
available on the Platform from time to time.
2.7. Payment options accepted.
Payment may be made via Visa, MasterCard, American Express or Dinersclub.
2.8. Card acquiring and security.
Card transactions will be acquired for Caresso Car Wash via PayGate (Pty) Ltd who are the approved
payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption,
namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to
Paygate’s website to view their security certificate and security policy.
2.9. Customer details separate from card details.
Customer details will be stored by Caresso Car Wash separately from card details which are entered by
the client on PayGate’s secure site.
2.10. Merchant Outlet country and transaction currency.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.
Transaction currency is South African Rand (ZAR).
2.12. Country of domicile.
This website is governed by the laws of South Africa and Caresso Car Wash chooses as its domicilium
citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or
other documents or communication of whatsoever nature.
2.13. Variation.
Caresso Car Wash may, in its sole discretion, change this agreement or any part thereof at any time
without notice.
2.15. Elto Retail (Pty) Ltd / TA Caresso Car Wash Contact Details
Head Office: Elto-Towers c/o Van Riebeeck & Botha Street, Kuils River, Cape Town, 7580
Email: info@caresso.com
Telephone: +27 21 903 5101
- Access to the Caresso Carwash Service
5.1. Email address and Passwords.
Access to the Platform is accomplished by creating an account through the use of an email address and a
password that you choose upon registration. You are solely responsible for any authorized or
unauthorized access to your account by any person. You agree to bear all responsibility for the
confidentiality of your email address and password and all use or charges incurred from use of the
Caresso Car Wash Service with your password. You agree to notify us promptly of any unauthorized use
of your password and you will remain liable for any use of the platform.
5.2. Your Account.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable
taxes and purchases by you or anyone you allow to use your account to access the Caresso Car Wash
service. You agree and accept responsibility for keeping all your account information current, including
address, payment information, telephone number, e-mail address, and authorized representative for your
order. You can update your information in the “Your Account” area on our Platform or contact our
Customer Service department. Please do not send Card or other payment information via email. You
agree that you will not provide fraudulent information and that you are solely responsible for any
information you provide to us and accept responsibility for all activities that occur under your account or
password. You will comply with all laws applicable to your activities on the Platform and with this
Agreement.
5.3. Corrections.
If you would like to update or correct information previously provided to us, please send an e-mail with
your new information, or you can update your account information yourself by going to “Your Account” on
the Platform. Please do not send credit card or other payment information via email.
- Warranty Disclaimer; Limitation of Liability; Indemnification
6.1. YOU EXPRESSLY AGREE THAT USE OF THE CARESSO CAR WASH SERVICE, THE
PLATFORM, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE OK Foods SERVICE, THE
PLATFORM, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.
CARESSO CAR WASH DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE
PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS.
6.2. NEITHER CARESSO CAR WASH NOR ANY OF ITS DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT VENTURE PARTIES,
INDEPENDENT CONTRACTORS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR
LICENSORS (COLLECTIVELY, “CARESSO CAR WASH PARTIES”) SHALL BE LIABLE, IN CONTRACT
OR IN TORT, FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE
PLATFORM, THE CARESSO CAR WASH SERVICE, OR THE INTERNET. YOUR SOLE AND
EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE
CARESSO CAR WASH SERVICE AND TO TERMINATE THIS AGREEMENT.
6.4. You agree to defend, indemnify, and hold CARESSO CAR WASH and related Parties harmless from
any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities,
settlements and expenses, including attorney’s fees, accounting fees, and costs, arising in connection
with, resulting from, or alleged to result from, your use of the Platform or Contents, or violation of this
Agreement by you or through use of your account. - Mandatory, Bilateral Arbitration.
7.1. Please read this carefully. It affects your rights. YOU AND CARESSO CAR WASH AGREE THAT
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS
AGREEMENT, THE PLATFORM, OR THE Caresso Car Wash SERVICE SHALL BE RESOLVED ONLY
BY FINAL AND BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. However, just as a
court would, the arbitrator must honor the terms and limitations in the Agreement and can award
damages and relief, including any attorneys’ fees authorized by law. The arbitrator’s decision and award
is final and binding and judgment on the award may be entered in any court with jurisdiction.
7.3. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for
disputes or claims within the scope of such court’s jurisdiction. This agreement to arbitrate does not
preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can,
if the law allows, seek relief against us on your behalf.
- General Terms
8.1. Termination.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and
effect until terminated. We may suspend or terminate this Agreement or the Caresso Car Wash Service or
remove or disable access to the Service at any time for any reason with or without notice to you. You may
terminate this Agreement and your Service at any time for any reason by delivering notice in the manner
provided below, which termination will be effective the day notice is received or such later date specified
in the notice. You are responsible for any charges incurred to third-party vendors or content providers
prior to your cancellation.
8.2. Notices.
Caresso Car Wash may give notice to you of any change or any other communication related to this
Agreement through a general posting on the Platform, by electronic mail, or by conventional mail to your
address contained in the “Your Account” section of the Platform.
8.3. Entire Agreement.
This Customer Agreement, the Platform Terms of Use, and the Privacy Policy referred to herein represent
your entire agreement with Caresso Car Wash regarding the use of the Service and the Platform. You
agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any
person other than you, the registered vehicle and Caresso Car Wash Parties. If any portion of this
Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable
law as nearly as possible to reflect the original intention of the parties, and the remainder of this
Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance
of any provision of this Agreement shall not be construed as a waiver of any provision or right. This
Agreement shall be governed by the laws of South Africa without regard to its conflict of laws rules. You
expressly agree that exclusive jurisdiction for any claim or dispute with Caresso Car Wash or relating in
any way to your use of the Service or the Platform resides in the federal and state courts of South Africa
and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting
in South Africa in connection with any such dispute, including any claim involving Caresso Car Wash
Parties. Any cause of action by you must be instituted within one year after the claim or cause of action
has arisen, or it shall be barred.
8.5. Amendment.
Caresso Car Wash may amend this Agreement at any time by posting the amended terms on our
Platform. All amended terms shall automatically be effective. By using this Platform after the effective
date of any such amendment, you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current Agreement to which you are bound.