Terms & Conditions

You agree that by placing an order for the provision of services by WoWo Washing and by executing any order form, you have entered into an Agreement with WoWo Washing and you agree to be bound by the Terms and Conditions found below:

THE PARTIES AGREE, as follows:

1. Appointment

The Customer engages WoWo Washing and WoWo Washing accepts the appointment and will carry out car washing services (“Services”) on the terms and conditions set out herein.

2. Obligations of WoWo Washing

WoWo Washing must:

2.1 provide the Services with a high degree of diligence, quality and efficiency, devote its time, attention and skill to the performance of the Services;

2.2 whilst so providing the Services, remain an independent contractor at all times and, as such:
(a) assume full responsibility for their acts and omissions; and
(b) provide all necessary tools to carry out the Services; and

2.3 whilst so providing the Services, provide prompt and full information to the Customer regarding the performance of the Services.

3 Deliverables and Services

3.1 WoWo Washing warrants that as at the date of this Agreement:

(a) the Services will be performed:

(i) with due care and skill in as competent and professional manner as reasonably possible;
(ii) in accordance with generally applicable industry standards;
(iii) in accordance with the lawful directions and specifications of the Customer from time to time; and
(iv) in accordance with all applicable laws and regulations.

(b) WoWo Washing is knowledgeable and has the requisite experience in the field in which WoWo Washing has been appointed.

4 Obligations of the Customer

4.1 The Customer agrees that it shall provide sufficient details, material and information (“Customer Materials”) to WoWo Washing as reasonably requested by WoWo Washing to allow it to carry out the Services.

4.2 The Customer agrees to supply the Customer Materials to WoWo Washing within a reasonable time frame
after execution of this Agreement, or after request from WoWo Washing.

4.3 The Customer agrees and acknowledges that any delay caused by the Customer failing to provide the Customer Materials to WoWo Washing may cause significant delay to the provision of Services. Further, the Customer agrees that WoWo Washing shall not be liable for any delay to the provision of the Services caused by the failure of the Customer to provide the Customer Materials in a timely manner.

4.4 The Customer agrees and acknowledges that they must not approach a WoWo Washing representative
directly and/or privately for work or to provide a tip for Services. Requests for WoWo Washing Services must
be made directly through this website at www.wowowashing.com.

5 Fees

5.1 The Customer agrees to pay to WoWo Washing the Fees plus GST as set out in Item 4 of the Order Form or on the pricing page when booking online.

5.2 The Customer agrees and acknowledges that WoWo Washing shall not commence Services until the Fees have been paid in full.

5.3 The Customer agrees and acknowledges that in the event that the Customer fails to pay the Fees, the provision of the Services may be suspended or denied.

5.4 The Customer agrees and acknowledges that WoWo Washing is entitled to turn down service or re-quote any Fees upon arrival in the event that the state of the vehicle was not disclosed to WoWo Washing and/or is substantially different to its description and/or cleanliness. This includes items such as general extra soilage or sand, pet hair, stain removal, bug removal, cleaning of extra matts or seats, vehicles larger than selected service (ie. 7 seater booked as SUV/Wagon) as assessed by your technician who will discuss with you before any charges are made.

5.5 The Customer agrees and acknowledges that all Services provided to the Customer shall remain the legal property of WoWo Washing, and that title shall not pass to the Customer, until all Fees in respect to the Services have been paid in full by the Customer.

5.6 Should it become necessary for WoWo Washing to enforce any term of this Agreement either through legal representation, collection agency, or directly through a small claims Court, then the Customer agrees that it shall pay all reasonable legal fees, agency fees, court costs, and other reasonable collection costs.

5.7 WoWo Washing reserves its rights to review, amend, or vary its Fee structure at any time, provided it gives the Customer thirty (30) days written notice of any variation.

6. Relationship of Parties

6.1 The relationship between the Customer and WoWo Washing is that of a principal and an independent contractor. Nothing in this Agreement will constitute or deem WoWo Washing to be an employee of the Customer nor will anything in this Agreement be construed as creating an employment relationship between
the Customer and WoWo Washing.

7 Limitation of Liability

7.1 Except as provided for in this Agreement, WoWo Washing makes no representation of any kind, express or implied with respect to the delivery of the Services.

7.2 To the extent that any warranty is made, the sole and exclusive remedy for breach of any warranty is that WoWo Washing re-provide the Service(s).

7.3 No warranty is made by WoWo Washing in respect to:

(i) that the Service will meet the Customer’s specific requirements,
(ii) that the Service will be uninterrupted, timely, secure, or error-free,
(iii) that the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by the Customer through the Service will meet the Customer’s expectations, and
(v) that any errors in the Service will be corrected.

7.4 The Customer agrees and acknowledges that WoWo Washing reserves the right to take photographs of the Customer’s vehicle before and/or after the provision of the Service/s.

7.5 The Customer agrees to indemnify, defend and hold harmless WoWo Washing, its related entities, shareholders, agents, affiliates, employees, directors and officers, from any and all liability, claim, loss damage, demand or expense (including reasonable legal costs) asserted by any third party due to, arising from, or in connection with any breach by either party of the terms of this Agreement. This includes, without limitation, any representation or warranty contained herein, any fraudulent conduct committed or negligence
by either party, all liabilities related to the Services, any investigation or government claim, and/or any intellectual property claims associated with any and all copy and images supplied by either Party and its associated use thereof.

7.6 No action arising under or relating to this Agreement, regardless of its form, may be brought by either Party more than six (6) months after the cause of action has accrued and in any event, no later than six (6) months after the termination of this Agreement, except for an action for non-payment brought by WoWo Washing.

7.7 WoWo Washing shall bear no liability whatsoever under or in any way related to this Agreement for any loss, loss of profit, or revenue or for any consequential, indirect, incidental, or exemplary damages.

7.8 If Australian Consumer Law or any other legislation implies a condition or warranty into this Agreement in respect of the Services supplied, and WoWo Washing’s liability for breach of that condition or warranty may not be excluded but may be limited, Clause 7.1 does not apply to that liability and instead WoWo Washing’s liability for such breach is limited to WoWo Washing supplying the services again or paying the cost of having the services supplied again by a third party.

8 This Agreement

8.1 This Agreement shall be subject to the laws of South Australia, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the Courts of South Australia.

8.2 Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

8.3 Any provision of, or the application of any provision of, this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

8.4 If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this Agreement.

8.5 The failure of either party at any time to require performance by the other party of any provision of this Agreement does not affect the party’s right to require the performance at any time.

8.6 The waiver by either party of a breach of any provision must not be held to be a waiver of any succeeding breach of the provision or a waiver of the provision itself.

8.7 This Agreement supersedes all previous agreements, arrangements, understandings, representations or any other communication in respect of the subject matter of this Agreement and embodies the entire agreement between the parties.

8.8 This Agreement may not be changed or modified in any way subsequent to its execution except in writing signed by the parties.

8.9 In this Agreement, headings are for convenience only and do not affect the interpretation of this Agreement and, unless the context otherwise requires:
(a) words importing the singular include the plural and vice versa;
(b) words with a capital letter where defined in this Agreement have that meaning;
(c) words importing a gender include any gender;
(d) other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a
corresponding meaning;
(e) an expression importing a natural person includes any company, partnership, joint venture, association, corporation or other body corporate and vice versa;
(f) a reference to any thing (including, but not limited to, any right) includes a part of that thing;
(g) a reference to a party in a document includes that party's successors and permitted assigns;
(h) a reference to a statute, regulation, proclamation, ordinance or by-law includes all statutes, regulations, proclamations, ordinances or by-laws varying, consolidating or replacing it, and a reference to a statute includes all regulations, proclamations, ordinances and by-laws issued under that statute;
(i) a reference to a document or agreement includes all amendments or supplements to, or replacements or novations of, that document or agreement.