Términos y condiciones

TERMS AND CONDITIONS OF USE OF THE WWW.PROWASHGO.COM WEBSITE AND THE PROWASH GO APPLICATION

This contract describes the general terms and conditions (the « Terms and Conditions «) applicable to all those who contract vehicle washing services (the » Users «) offered through the Prowash Go application and / or the website www.prowashgo .com (hereinafter, the » App «, the » Website » or jointly the » Platforms «) owned by Go SpA (» Prowash Go «) and in general, to all those who use the services offered through the Platforms, everything that must be done subject to these Terms and Conditions, as well as all other policies and principles that govern the Platforms and Prowash Go.

To access the services offered through Prowash Go, the User must complete a contact form with, at least, their name, cell phone, email, a unique access code, identification of their vehicles and other information that allows to maximize the functionalities of the Platforms. Sending such information to Prowash Go implies an express acceptance of these Terms and Conditions, as well as the policies and principles of Prowash Go.

Anyone who does not accept these Terms and Conditions, which are mandatory and binding, will not be able to use the Platforms or the services offered through them, so it will be considered that they have no relationship with Prowash Go, their owners, Users or with the services offered on said Platforms.

1. Capacity

The services are only available to people who have the legal capacity to contract. People who do not have this capacity, minors or Platform Users who have been temporarily suspended or permanently disabled may not use the services. If you are registering a User as a legal entity, you must have the capacity to contract on behalf of such entity and to bind it under the terms of this agreement.

Prowash Go is not responsible for any lack of legal status of the legal entities that register them as Users, and they are not authorized to do so.

2. Registration

In order to contract the services offered through the Platforms, it is mandatory that Users provide the information indicated above, including their telephone number, a name and an email address that identifies them, in addition to the other information that is required for the correct use of the Platforms.

Prowash Go is not responsible for the certainty or accuracy of the data that Users enter. Users guarantee and respond, in any case, to the veracity, accuracy, validity and authenticity of the personal data entered when registering on the Platforms.

Prowash Go reserves the right to request any additional proof and / or data in order to corroborate personal data, as well as to temporarily or permanently suspend those Users whose data could not be confirmed.

3. Modifications of the agreement

Prowash Go may modify these Terms and Conditions at any time, making the new terms public on the Platforms, or those that replace them in the future, which will govern immediately from their publication.

Those Users who do not accept the new Terms and Conditions, must communicate it by email to go@prowashgo.cl within a period of 10 (ten) calendar days from the publication of these, in which case the contractual link will be dissolved and will be disabled as User.

After this period, the User will be deemed to accept the new Terms and Conditions.

4. Services 

Through the Platforms, Prowash Go acts as an intermediary between Users and independent vehicle washing service providers, associated with the “Prowash Go” brand (hereinafter, the “ ProWashers ”), so that Users can contract a car wash service at an address that they determine.

To facilitate mediation between Users and ProWashers, Prowash Go has a database of ProWashers identified according to the geographic location in which they offer their services to the public, in such a way as to be able to connect the User with the ProWashers that is available to provide. the contracted service within the radius requested by the User. In this way, an essential part to use the services offered on the Platform is that the User accepts the use of georeferencing, without which these cannot be provided.

Users declare to be aware that not all addresses will have ProWashers available, so Prowash Go does not guarantee in any case the effective provision of services throughout the national territory.

For these purposes, the Platforms show Users the hours and days available to be reserved, which is done through a “cross-check” of information with the ProWashers, according to their geographical location and the place where the service will be provided. Thus, in case of reservation, Prowash Go will connect the User with the ProWashers by sending a confirmation notification through the Platforms, as well as, if necessary, by sending an email, text message or phone call with all the necessary information.

The User declares to know and expressly understand that Prowash Go fulfills the function of being a platform through which ProWashers and Users can be contacted and that, for this reason, it is not responsible for the punctuality, quality, responsibility or result of the services of the ProWashers. In this same sense, the User declares to understand and know that Prowash Go has no responsibility for accidents, theft, damages, injuries or damages of any kind that may arise during the provision of services.

Prowash Go expressly declares that it does not provide the services offered by the ProWashers, neither directly, nor through subcontracted third parties, so the contractual relationship will only occur between the Users and the ProWashers.

Notwithstanding the foregoing, Prowash Go will act as ProWashers’ agent for the collection of services from the User. For this, Prowash Go has a payment tool through the Platforms, which must be used by Users to pay for the contracted services.

Prowash Go will not be responsible for User requests that cannot be satisfied due to lack of ProWashers. Likewise, Prowash Go is not responsible for any refusal of the ProWashers to deliver the service required by the User.

Prowash Go and the User declare to be aware that the services offered by the ProWashers through the Platforms are «dry vehicle washing», so that the excess dirt that the application of water requires is incompatible with the services that are offered.

In this sense, in the event that the User’s vehicle (s) are not in a condition to be washed by means of the “dry cleaning” system, ProWashers will not be obliged to provide its services, which is expressly consented to and approved by the User. .

Users may only request services permitted by current law, which are not contrary to public order, morals and good customs. In this sense, Prowash Go expressly reserves the right to withdraw any request that, in its discretion, does not coincide with the other requirements or with the scope of Prowash Go’s services.

5. Information privacy

To use the services offered through the Platforms, Users must provide certain personal data. Your personal information is processed and stored on servers that maintain adequate security and protection standards.

In accordance with the foregoing, Users authorize Prowash Go to communicate or transfer any registry or data bank, the personal data that they provide due to the use of the Platforms.

6. Responsibilities

Given that the Platforms are a meeting point between ProWashers and Users, which means that Prowash Go does not participate in the operations carried out between them, the only ones responsible for complying with the obligations and tax charges that correspond to the provision of the services, will be the respective parts of the commercial relationship, without being able to impute to Prowash Go any type of responsibility for breaches of such nature.

Prowash Go has no responsibility whatsoever in the provision of the service contracted through the Platforms, therefore, as a third party outside the contractual relationship, it has no responsibility for eventual accidents, crimes, misdemeanors, damages, theft and others that occur with reason of the conclusion of the corresponding contract.

In no event will Prowash Go, its shareholders, directors, administrators, managers, employees, agents, operators, representatives or attorneys-in-fact be liable for lost profits, consequential damages, moral damages or for any other direct or indirect damage and / or damage that may have been suffer the User, the ProWashers or third parties related to them or not, caused by the services contracted through the Platforms.

For their part, it is the essential obligation of the Users to pay for the services contracted on the Platforms, which they will do through Webpay Oneclick or that other online payment tool that Prowash Go makes available to Users.

To access the payment through Webpay Oneclick , the User must complete a form with their credit card details only once, which are backed by a secure platform backed by Transbank SA, which allows payments to be made without the need for of entering each time the data of the corresponding card.

As it is a service provided by a third party not related to Prowash Go, it will not be responsible for the security or storage of the information provided by the User through Webpay Oneclick .

Likewise, the User is solely responsible for the contracted service to be provided at the address indicated by him, and ProWashers or Prowash Go will not be held liable for any inconveniences that may arise due to the execution of the services and that prevent the correct provision of these.

7. Prohibitions

Users may not:

  • manipulate the prices of the contracted services;
  • maintain any type of communication with the ProWashers, either by e-mail, telephone, or by any other means -including social networks- that involve contact between Users and ProWashers outside the Platforms;
  • pay the contracted services directly to the ProWashers;
  • request the ProWashers not to issue the corresponding tax documents; and
  • use the Platforms for purposes other than those indicated in paragraph 4 above.

Failure to comply with any of the aforementioned obligations will empower Prowash Go to immediately block the User, without prejudice to the other actions that the law grants to Prowash Go due to possible damages that said non-compliance causes.

8. System or database violations

Any action or use of device, software, or other means tending to interfere both in the activities and operations of the Platforms and in the offers, descriptions, accounts or databases of Prowash Go is not allowed. Any interference, attempt or activity violating or contrary to the laws on intellectual property rights and / or the prohibitions stipulated in these Terms and Conditions will make the person responsible for the pertinent legal actions, and the sanctions provided for in this agreement, as well as the will be responsible for compensating the damages caused.

9. Scope of the services contracted through the Platforms

These Terms and Conditions do not create any partnership, community, joint venture , mandate, franchise, or employment relationship between Prowash Go, Users or ProWashers. The User acknowledges and accepts that Prowash Go is not a party to any operation, nor does it have any control over the quality, safety or legality of the services or the ability of ProWashers to offer the services.

Prowash Go cannot guarantee that a ProWashers will complete an operation.

It is expressly stated that given the nature of the services provided, Prowash Go does not intervene or is part of any employment relationship, or subcontracting or provision of transitory services between Users and ProWashers, for which reason Prowash Go will not be responsible Directly or indirectly from the fulfillment of the tax, labor, health or social security contributions obligations that may exist between the Users, the ProWashers and the dependents of one and the other and that are generated on the occasion of the contracted services.

10. System failures

Prowash Go is not responsible for any damage, loss or loss to the User caused by failures in the system or in the server that hosts the Platforms. Prowash Go will not be responsible for any virus that could infect the User’s equipment as a result of access, use or examination of the Platforms or as a result of any transfer of data, files, images, texts, or audio contained therein.

Users may not impute any responsibility or demand payment for lost profits, or consequential damages by virtue of damages resulting from technical difficulties or failures in the systems or on the internet.

Prowash Go does not guarantee continued or uninterrupted access and use of the Platforms. The system may eventually be unavailable due to technical difficulties or internet failures, or for any other circumstance beyond Prowash Go. In the event of interruption or «fall» of the Platforms, an attempt will be made to restore it as quickly as possible without any type of responsibility being attributed to it. Prowash Go will not be responsible for any errors or omissions contained in its Platform.

11. Rates and billing

Registration in the Platforms is free and Prowash Go will not charge any commission to Users for its use, notwithstanding the commercial agreements and collection mandates that ProWashers have granted for these purposes, nor the rates that Prowash Go charges to these on the occasion of said services.

It will be understood that the Users have paid for the respective services once the corresponding payment has been processed in the Webpay Oneclick available on the Platforms or through those other means offered for these purposes.

Prowash Go reserves the right to modify, change, add, or eliminate the current rates on the Platforms. Likewise, Prowash Go may temporarily modify the rates for the services offered through the Platforms due to promotions, these modifications being effective when they are made public.

In the event that charges have not been invoiced that have not corresponded, the User must contact the Prowash Go team to resolve said issue as soon as possible.

The Platforms have a virtual wallet called Wallet , which allows the User to store a certain amount equivalent to the cost of a service contracted through the Platforms, but which has not been executed due to the fault of any of the parties involved.

In the event of the foregoing, said amount will be paid directly to the Wallet , which will be considered as a full and sufficient refund for the User. Likewise, the User may use the indicated amount to pay for any service contracted through the Platforms.

For their part, the User may access certain promotions offered through the Platforms, for which they must pay a certain amount in the Wallet that will be used to contract 4 full washes, which they must necessarily use within the month in which they have contracted said services, discounting from the Wallet the value of each service used. After the indicated month, the value paid in the Wallet will be zero and the User will not be able to use the services.

Prowash Go may, at its sole discretion, create promotional codes that can be exchanged for benefits related to the services contracted through the Platforms, subject to any additional conditions that Prowash Go may establish based on each promotional code.

Promotional codes:

  • They must be used for the intended audience and purpose, and in a lawful manner;
  • may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), unless with permission from Prowash Go;
  • they may be invalidated by Prowash Go at any time for any reason without responsibility for Prowash Go;
  • they can be used only in accordance with the specific conditions that Prowash Go establishes for said promotional code;
  • they are not valid as cash; and
  • They may expire before the User uses them.

Prowash Go may, at its sole discretion, cancel the benefits associated with a promotional code in the event that it determines or believes that the use or redemption of the promotional codes was erroneously, fraudulent, illegal or in violation of the conditions of the promotional code or of those present. Terms and Conditions.

 

12. Intellectual property

The contents of the screens related to the services offered through the Platforms as well as the programs, databases, networks, files that allow the User to access and use said Platforms, are the property of Prowash Go and are protected by law. Chilean copyright, trademarks, patents, models and industrial designs.

The improper use and the total or partial reproduction of said contents are prohibited, unless expressly authorized in writing by Prowash Go.

13. Indemnification

The User will indemnify and hold Prowash Go, its subsidiaries, controlled and / or controlling companies, directors, administrators, representatives and employees harmless for any claim or demand of third parties that are generated as a result of their activities during the use of the Platforms; for your breach of these Terms and Conditions or for the violation of any laws or rights of third parties, including attorneys’ fees in a reasonable amount.

14. Address

The valid address for all types of notifications is set at Avenida Vitacura 3.568, office 1.006, Vitacura, Metropolitan Region. Any notification sent to this address must be addressed to Go SpA.

15. Jurisdiction and Applicable Law

This agreement will be governed in all its points by the laws in force in the Republic of Chile.

Any controversy derived from this agreement, its existence, validity, interpretation, scope or compliance, will be submitted to the applicable laws and the competent courts of the Santiago commune and the procedures will be carried out in Spanish.

Prowash Go offers through its application and website, a technological platform that allows Users of these to coordinate the scheduling and reservation of the car wash service at home, a service that will be performed by third parties, Prowash Go not having responsibility any regarding such services.