Terms and conditions
This Terms and Conditions of Service apply to the premium waterless car wash service provided by EVERGLOWW (Vietnam) Ltd. (“Company”) to customer. Each party agrees that it has read this Terms and Conditions of Service which shall be interpreted in conjunction with the main car wash service agreement (the “Agreement”).
2.1 "Service" refers to the service of Article 6 that the company provides to customer through technology using apps, telephones, texts, SNS, and other methods, and includes various additional services related to this.
2.2 "Customer" refers to a person who registered as a member by providing personal information to the company to use the service, and who can receive the company's information and continuously use the service provided by the company.
2.3 “Master” refers to a person who belongs to the company or provides a service to a customer by signing a contract with other company.
2.4 "App" refers to the "CARRECT application" operated by the company so that customer can be provided with services using their account (ID and password).
2.5 The meaning of terms in this agreement that are not defined in Article 2 is based on general trading practices. And the service time varies depending on the package selected by the customer and the degree of contamination of the vehicle.
3. CHARGES AND PAYMENT
3.1 The service fee shall be set out in the Agreement and shall be the remuneration of CARRECT in consideration of the supply of service. The service fee shall include every costs and expenses of CARRECT incurred directly or indirectly in connection with the performance of the service.
3.2 The service fee shall be invoiced in accordance with the payment terms and conditions specified under the Agreement.
3.3 The invoiced amount are payable in advance and must be paid before the commencement of our services.
3.4 Customer will pay for the service fees and all applicable taxes and other duties unless otherwise set forth in the payment terms and conditions under the Agreement.
3.5 If CARRECT cancels a service due to default attributable to CARRECT, or if customer cancels a service customer will be entitled to a refund a whole..
3.6 CARRECT reserves a right to revise the general service fee applicable during any given period at any time without any prior notice.
3.7 In the case of a car wash, the service starts within 30 minutes to an hour after connecting with the Master.
3.8 In the case of the monthly combo car wash service, the service is provided regularly at the specified time and place according to the product and number of times selected by the member when applying for the first service, and the reservation time cannot be changed and only allow to purchase it with Card. However, if there is an unavoidable reason for change, coupons with a validity period of one month will be paid.
3.9 In the case of Booking now car wash service, the service can be pay with Cash. Booking now only allow to be canceled by customer.
3.10 Customer is allowed to have 5 cancellations before they get terminate on their account.
4. EQUIPMENT AND PREMISE
The customer shall provide a suitable premise for CARRECT to perform a service within the geographical parameter of CARRECT Service Areas provided within CARRECT’s application. In any event that the customer desires to change the premise, the customer shall notify CARRECT promptly in order to enable CARRECT’s Master to perform a service in a timely manner and without any unnecessary delay. Additional charges may apply if the actual service location is further away from the original booking location or if parking/entrance fees or any other charge of the same nature are chargeable to CARRECT’s Master. In this regard, the said fee shall be chargeable to the customer without having to obtain the customer’s prior consent.
Provided that a safety environment is provided, all equipment, tools and vehicles brought by CARRECT for operation of service shall be at CARRECT risk. CARRECT reserves its right to decline any booking order if the service area is deemed unsafe.
5. CUSTOMERS’ RESPONSIBILITIES
For the duration of service, customer shall;
5.1 ensure that the need-to-know information relating to the vehicle conditions including but not limited to pre-existing conditions is declared to CARRECT through the service application or our Masters on-site;
5.2 specifically declare any significant information relating to the conditions of vehicles which may jeopardise our Masters’ safety;
5.3 promptly notify CARRECT if there is a change on location of the customer’s vehicle in order to enable for CARRECT’s Master to move to the new location;
5.4 hand over the keys to our Masters prior to the beginning of our service only when interior service is needed;
5.5 notify CARRECT of any health and safety hazards which may exist or arise at the customer’s location which may affect CARRECT’s service performance; and
5.6 remove all valuable belongings from the vehicle as CARRECT will not be liable for loss and damages incurred to customer’s belongings left in the vehicle. It is also within CARRECT’s policy that its Masters shall not be involved during the removal or relocation of customers’ belongings.
6. CARRECT’S OBLIGATIONS
6.1 CARRECT shall provide the car wash service with all reasonable care, skills and diligence in accordance with good industry practice in the same industry and profession.
6.2 CARRECT shall appoint the Masters who are suitably skilled and experienced to perform service assigned to them and in sufficient number to ensure that CARRECT obligations are fulfilled in accordance with the Agreement.
6.3 CARRECT shall ensure that the services provided to customer conforming to all descriptions and specification requested by each customer.
6.4 CARRECT will be responsible only for damages which are attributable to CARRECT’s Masters arising from their gross negligence or willful misconduct.
6.5 CARRECT shall notify customer of any health and safety hazards which may arise in connection with the service performance.
6.6 CARRECT shall notify customer immediately in the circumstance where any incident occurs during the course of service and such incident causes damage to the customer’s property or could give rise to personal injury.
6.7 CARRECT’s Master who completes the service shall send the photos taken before and after service to the customer.
6.8 EXCEPT AS EXPRESSLY STATED IN THE CAR WASH SERVICE AGREEMENT, CARRECT IS PROVIDING THE SERVICES “AS IS” AND DOES NOT MAKE ANY WARRANTIES, CONDITIONS, GUARANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING ANY WARRANTY OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.9 CARRECT shall not be responsible for any damages caused by third party during the course of service being performed, for example, road accident etc.
6.10 CARRECT shall not be liable for any stolen cars or belongings.
7. INSURANCE POLICY
It is explicitly understood that CARRECT has acquired adequate insurance coverage in relation to the public liability insurance. The insurer shall pay on behalf of CARRECT all sums which CARRECT shall become legally obligated to pay as damages because of bodily injury and property damage arising out of the negligence of the CARRECT’s operation in connection with the scope of work described in the Agreement.
8. MASTER AND KEY PERSONNEL
All Masters who are on-site are trained by CARRECT on a regular basis to ensure the best quality of service.
If the customer reasonably believes that any of the Masters are not suitable to perform a service in respect of the Agreement, it may immediately notify CARRECT and request for a replacement of suitable Master who are qualified.
If requested, CARRECT shall provide the customer with a list of the names and contact details including other relevant information of all Masters who may require admission to the customer’s premises.
CARRECT shall not be responsible for any injury, loss, damage, expense suffered by the customer if it is caused by the negligence or willful misconduct of the customer or by breach of its obligations under the Agreement and this Terms and Conditions of Service.
UNDER NO CIRCUMSTANCES WILL CARRECT BE LIABLE FOR ANY: (a) INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SUBJECT MATTER OF THE AGREEMENT; (b) LOSS OF BUSINESS; OR (c) LOST PROFITS, REGARDLESS OF WHETHER OR NOT SUCH DAMAGES COULD HAVE BEEN FORESEEN OR PREVENTED.
Neither party shall have any liability under or be deemed to be in breach of the Agreement for any loss, delay or failure in performance of the said Agreement as a result of the circumstances beyond the reasonable control of the party affected. Each party shall promptly notify the other party when such circumstances cause a delay or failure in performance and when they cease to do so.
Nothing in this Terms and Conditions of Service shall be construed to limit or exclude either party’s liability for any matter which by law may not be excluded or limited.
10. INTELLECTUAL PROPERTY
10.1 The services, including products, technology, innovation, are the valuable intellectual property of CARRECT. Except as set forth hereunder, customer may not use CARRECT’s name, any valuable intellectual property or trademarks without CARRECT’s prior written consent.
10.2 It is within CARRECT absolute discretion to disable or terminate the account users who infringe their copyrights or other intellectual property rights of others.
10.3 All intellectual property rights in any materials created or developed by CARRECT or arising as a result of the service shall exclusively vest in CARRECT. If and to the extent that any intellectual property rights in such materials vest in the customer by operation of law, the customer hereby agree to assign to CARRECT by way of a present assignment of such right.
CARRECT shall not exploit the customer confidential information in any way except for the purposes anticipated under the Agreement.
Each Party shall treat all information it receives as confidential, safeguard it accordingly and not disclose it to any other person without the prior written consent of the disclosing Party.
Each Party may disclose such confidential information which it receives from the other Party;
- where it is required by laws or by a competent court or competent authorities;
- to its auditors or for the purposes of regulatory requirement;
- where CARRECT is the receiving party to a Master on a need to know basis to enable performance of service provided that CARRECT shall procure that any Master to whom it discloses such confidential information to shall observe CARRECT’s confidential obligation under this Terms and Condition of Service
For avoidance of doubt, the obligation of confidentiality does not apply to information which: (a) is, at the time of the disclosure, or subsequently through no act or omission of the Receiving Party, becomes generally available to the public; (b) becomes rightfully known to the receiving party through a third party with no obligation of confidentiality; (c) the receiving party is able to prove was lawfully in the possession of the Receiving Party’s Group prior to such disclosure; or (d) is independently developed by the Receiving Party.
12. DATA PRIVACY
During the course of the service contemplated hereunder, CARRECT may have, and/or will collect, use, disclose and process the customer’s personal data for purposes, including, to communicate with customer, provide products and/or services to them, respond to their enquiries or complaints, provide them with information and/or updates on products, services and/or promotions offered by CARRECT and selected third parties and other purposes required to operate and maintain our business (collectively referred to as “Purposes”).
In order for CARRECT to conduct its business operations more smoothly, CARRECT may also be disclosing customer’s personal data provided to its third party service providers, agents and/or its affiliates or related corporations, and/or other third parties whether sited in Vietnam or outside of Vietnam, for one or more of the above-stated Purposes.
It is necessary for CARRECT to collect and to retain customer’s personal data. If customer does not provide CARRECT with their personal data, or does not consent with this data privacy provision, we will not be able to effectively provide products and/or services to customer, if at all.
By submitting personal data to CARRECT, customer consents to CARRECT collecting, using, disclosing and processing customer’s personal data in accordance with this Terms and Conditions of Service. CARRECT will also take it that all personal data provided by customer is accurate and complete, and that none of it is misleading or out of date.
In some circumstances, customer may have provided personal data relating to other individuals (such as your spouse, family customer or other third party including minors). Customer represents and warrants that they are authorized to provide those personal data to CARRECT and customer has obtained their consent to the collection, use, disclosure and processing of those personal data in accordance with this Terms and Conditions of Service.
13. SURVIVAL WAIVER AND SEVERABILITY
The provision of this Terms and Conditions of Service that by nature are intended to survive its expiration, including without limitation to Clause 10, 11, 13, 14 and 15 herein will continue in full force and effect after the expiry of the Agreement.
In the event that any provision under this Terms and Conditions of Service is invalid, it will be enforced to the extent permitted by law, and it will not affect the remainder.
Any failure to enforce any provision under this Terms and Conditions of Service shall not constitute a waiver of that provision or of either party’s right to enforce later every provision.
14. DISPUTE RESOLUTION
In the event where the dispute arising out or in connection with the service, customer and CARRECT shall attempt in good faith to negotiate and settle such dispute in an amicable manner.
If the settlement cannot be amicably reached within 1 month after such dispute is being escalated, it shall be referred to the Arbitrators at Vietnam Arbitration Center. The Arbitral Tribunal must be composed of three arbitrations. Customer and CARRECT shall elect one arbitrator each. Two selected arbitrators shall appoint one arbitrator to constitute a tribunal. Customer and CARRECT irrevocably agree that the arbitral award shall be final and binding to the customer and CARRECT.
Customer agrees to indemnify CARRECT against any damage incurred as a result of (a) customers’ breach of the Agreement, this Terms and Conditions of Services; or (b) any claim provided that such claim does not arise as a result of (i) our Masters’ fault, gross negligence or willful misconduct; or (ii) our service performed by our Masters with the reasonable care and skills.
16. GOVERNING LAW AND JURISDICTION
The validity and performance of this Terms and Conditions of Service and all contractual or non-contractual matters arising out of it, shall be governed by Vietnam laws and shall be subject to the exclusive jurisdiction of Vietnam Courts.
CARRECT reserves the right to update and amend this Terms and Conditions of Service from time to time without prior notice.
18. MEASURES TO SECURE THE SAFETY OF PERSONAL INFORMATION
In accordance with Article 29 of the Personal Information Protection Act, EVERGLOWW takes the necessary technical, administrative, and physical measures to ensure safety as follows.
18.1 Regular self-audit
In order to secure stability related to handling personal information, we conduct self-audit on a regular basis (once a quarter).
18.2 Minimization and training of personal information handling staff
We are taking measures to manage personal information by designating and minimizing the number of employees who handle personal information.
18.3 Establishment and implementation of internal management plan
For the safe handling of personal information, we have established and implemented an internal management plan.
18.4 Technical measures against hacking
EVERGLOWW installs security programs to prevent personal information leakage and damage by hacking or computer viruses, periodically updates and checks, installs systems in areas where access is controlled from outside, and monitors and blocks technically and physically. .
18.5 Encryption of personal information
The user's personal information is stored and managed by encrypting the password, so only the user can know it, and important data uses separate security functions such as encrypting file and transmission data or using the file lock function.
18.6 Storage of access records and prevention of forgery
We keep and manage records that have been connected to the personal information processing system for at least 6 months, and use security functions to prevent access records from being forged, stolen, or lost.
18.7 Restrict access to personal information
We take necessary measures to control access to personal information through granting, changing, and canceling access rights to the database system that processes personal information, and control unauthorized access from the outside using an intrusion prevention system.
19. PREPARATION OF PERSONAL INFORMATION PROTECTION OFFICER
EVERGLOWW is responsible for the handling of personal information, and has designated the person in charge of personal information protection as follows to handle complaints and remedy of information subjects related to personal information processing.
▶ Personal information protection officer
Name: LEE TIM (LEE YOUNG SUK)