Terms of Service

NovoWash’s reputation for integrity is built not only on the quality of the product and service provided, but also NovoWash’s employees and Service Providers history of honest, ethical, and fair relations with business partners and customers. As NovoWash continues to expand globally, Our commitment to integrity remains as strong as ever. Everyone at NovoWash including Customers and Service Providers share in the credit for making integrity a key component of the NovoWash culture and in the responsibility for upholding this commitment. If you suspect any violations of this code of conduct, contact [email protected]. As a global company Novowash’s Employees, Service Providers, and Customers must operate in a strict compliance with all laws and regulations applicable to our activities. In addition we must all adhere to the moral and ethical standards of the individual countries in which we do business. Unlawful discrimination in the hiring, promotion, compensation, or retention of employees is strictly prohibited. Abusive, harassing, or offensive conduct is not permitted, whether verbal or physical. Examples include unwelcome sexual advances and derogatory, ethnic, or racial, comments. Retaliation against any employee, Service Provider, or Customer for reporting discrimination or harassment will not be tolerated. NovoWash is committed to ensuring its work environments meet the highest standards in protecting the health and safety of employess, Service Providers and Customers. Each Service Provider has the responsibility for maintaining a healthy workplace by following health and safety rules and practices and be reporting accidents, injuries, and unsafe equipment, practices and conditions. Customers and Service Providers must immediately report any unsafe working practices or conditions. NovoWash prohibits the use, sale, possession, or being under the influence of alcohol, illegal drugs, or controlled substances by Service Providers. NovoWash take pride in industry leading environmental stewardship and sustainability. Service Providers and Customers are expected to report any suspected environmental concerns. Service Providers must act honestly and with integrity in all business dealings and deal fairly with all Customers. Favors, bribes, kickbacks as a condition to past, present or future business is strictly prohibited. It is everyone’s responsibility to ensure that all payments are necessary, lawful, and properly documented. Service Providers must not take unfair advantage of a business relationship through illegal conduct, deceit or any other unfair practice. NovoWash and Service Providers are required to comply with all applicable laws protecting fair competition. NovoWash employees and Service Providers shall not enter into any agreement, written or implied, with a competitor about pricing, costs, terms, markets, customers or any other matter that could impact competition. No one shall exchange information about pricing with a competitor. Any agreement with a competitor must be approved by an officer of NovoWash. Terms & Condition – Customer: Part 1 – Booking Service Terms: 1. DEFINITIONS: "Booking Services" means the services set forth in Clause 2 of this Part 1, which shall be provided to you by NovoWash. "NovoWash" shall mean the app through which service providers offer services to end users who can book those services via the app. "Service Provider" means a provider of available services that can be booked on the NovoWash app. “Service Contract” means the contract for services as set out in Clause 3 of this Part 1. "Website" shall mean www.novowash.us. 2. THE PROVISION OF BOOKING SERVICES BY NOVOWASH: NovoWash provides to you certain booking services (the "Booking Services"). The Booking Services include: a. Accepting bookings requested by you (which include bookings requested in advance by you in the NovoWash app) in accordance with sub-paragraph 3 below, but without prejudice to NovoWash’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking; b. Identifying suitable Service Providers; c. Keeping records of bookings; d. Remotely monitoring services booked using the NovoWash App; e. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by NovoWash, which may be made by email: [email protected]. You are encouraged to provide your feedback if any of the services provided to you by a Service Provider do not conform to your expectations; and in each case in accordance with any relevant provisions of the Legislation. f. Within the price market fixes, NovoWash monitors prices fluently to ensure they are competitive. NovoWash monitors specific services but allows higher prices for more premium services which possess significant equipment costs and require more time for the services. Pursuant to, and for the purposes of the Legislation, NovoWash accepts bookings at its registered address and is subject to all statutory and regulatory obligations and liabilities with respect to that activity. 3. YOUR SERVICE CONTRACT WITH A SERVICE PROVIDER: NovoWash is not a Service Provider and does not provide services. Services are provided to you under a contract (the "Service Contract") between you and the Service Provider that is identified to you in the booking confirmation provided by NovoWash. The Service Provider may operate in an area other than where the booking is requested or the services are provided. NovoWash is not a party to the Service Contract and acts as a disclosed agent for the Service Provider in communicating the Service Provider's agreement to enter into the Service Contract. Finally, under the NovoWash authority, customers and car cleaners alike are not allowed to book directly through each other without using the NovoWash App after using the NovoWash App for the initial point of contact. This is so NovoWash can continue helping both customers and car cleaners: customers for convenience and car cleaners for efficiency, business growth and striving to help give car cleaners a 9am-5pm model structured day. Failure to abide this may result in your account being removed. 4. PAYMENT: The Booking Services are provided by NovoWash to you free of charge. NovoWash reserves the right to introduce a fee for the provision of the Booking Services. If NovoWash decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the NovoWash App at your option. The rates that apply for the services provided by the Service Provider can be found through the NovoWash App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the services. 5. LIMITATION OF LIABILITY: To the extent permitted by applicable law, NovoWash will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by NovoWash US; a. any booking that has not been accepted; b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the NovoWash App; c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions; d. any loss relating to your business or the business of your employer or any other person; e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that NovoWash fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services. g. any loss or damage to you, your property, vehicle, and any other article caused by a Service Provider discharging their services whether those services have been booked through the app or otherwise. h. if NovoWash is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to $25 in aggregate. Nothing in these Terms and Conditions will limit or exclude NovoWash’s liability to you for personal injury or death caused directly by NovoWash’s negligence. 6. APPLICABLE LAW: The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of the state of Colorado. Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of the state of Colorado. Part 2 – Terms of Use: These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the NovoWash App as well as to all other information, recommendations and/or services provided to you on or through the Website and the NovoWash App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified. 1. Contractual Relationship: These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the Mainland China) of applications (including the NovoWash App), websites, content, products, and services (the “Services”) made available by NovoWash, a business established in the United Kingdom, having its offices at Chestnut Lodge, The Pathway, Radlett, Hertfordshire WD7 8JB. In relation to Bookings, the Services enable you to access the Booking Services provided by NovoWash described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and NovoWash. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. NovoWash may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. NovoWash will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, NovoWash reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in NovoWash’s opinion, any delay in such termination would expose NovoWash or a third party to significant risk of harm or damage. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. NovoWash may amend the Terms related to the Services from time to time. Amendments will be effective upon Novwash’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in NovoWash’s Privacy and Cookie Policy that can be found in the NovoWash App. NovoWash may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Service Provider) and such information or data is necessary to resolve the complaint, dispute or conflict. 2. The Services: The Services constitute a technology platform that enables users of NovoWash’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule services with independent third party providers of such services, including independent third party providers (including Providers as defined in Part 1). Unless otherwise agreed by NovoWash in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT NOVOWASH DOES NOT PROVIDE SERVICES OR FUNCTION AS A SERVICE PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY NOVOWASH OR ANY OF ITS AFFILIATES. License: Subject to your compliance with these Terms, NovoWash grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by NovoWash and NovoWash’s licensors. Restrictions: You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by NovoWash; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Third Party Services and Content: The Services may be made available or accessed in connection with third party services and content (including advertising) that NovoWash does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. NovoWash does not endorse such third party services and content and in no event shall NovoWash be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership: The Services and all rights therein are and shall remain NovoWash’s property or the property of NovoWash’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner NovoWash’s company names, logo, product and service names, trademarks or services marks or those of NovoWash’s licensors. 3. Your Use of the Services: User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to NovoWash certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or NovoWash termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by NovoWash in writing, you may only possess one Account. User Requirements and Conduct: The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. User Provided Content: NovoWash may, in NovoWash’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to NovoWash through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to NovoWash, you grant NovoWash a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and NovoWash’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant NovoWash the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor NovoWash’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by NovoWash in its sole discretion, whether or not such material may be protected by law. NovoWash may, but shall not be obligated to, review, monitor, or remove User Content, at NovoWash’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. NovoWash does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. Payment and Charges for Services: You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, NovoWash will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by NovoWash. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. NovoWash will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated as soon as practicable by NovoWash using the preferred payment method designated in your Account, after which NovoWash will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that NovoWash may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available. As between you and NovoWash, NovoWash reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in NovoWash’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. NovoWash will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. NovoWash may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. NovoWash does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by NovoWash, in the Application, or in NovoWash’s marketing materials to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that NovoWash provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. 5. Disclaimers; Limitation of Liability; Indemnification: DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOVOWASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NOVOWASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOVOWASH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY: NOVOWASH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF NOVOWASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVOWASH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF NOVOWASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVOWASH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NOVOWASH’S REASONABLE CONTROL. IN NO EVENT SHALL NOVOWASH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50). NOVOWASH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NOVOWASH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity: You agree to indemnify and hold NovoWash and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) NovoWash’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. Governing Law; Arbitration: Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of the state of Colorado. 7. Other Provisions: Claims of Copyright Infringement: Claims of copyright infringement should be sent to NovoWash at Chestnut Lodge, The Pathway, Radlett, Herts, WD7 8JB Notice: NovoWash may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to NovoWash by written communication to NovoWash's address at Chestnut Lodge, The Pathway, Radlett, Herts WD7 8JB . General: You may not assign or transfer these Terms in whole or in part without NovoWash’s prior written approval. You give your approval to NovoWash for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of NovoWash’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, NovoWash or any Third Party Provider as a result of the contract between you and NovoWash or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” By signing up with NovoWash you are accepting to be added to our newsletter and email list. To opt out please go to most recent newsletter or email and click 'unsubscribe'. Terms & Conditions – Business: NovoWash Service Provider Terms and Conditions: IMPORTANT: THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH NOVOWASH WILL PROVIDE YOU WITH ACCESS TO THE NOVOWASH MOBILE APPLICATION PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO PROVIDE CERTAIN SERVICES TO CUSTOMERS ON RECEIPT OF ORDERS MADE THROUGH NOVOWASH’S MOBILE APPLICATION PLATFORM. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A SERVICE PROVIDER, USE THE APP AND PROVIDE THE SERVICES. BY USING THE APP, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER THINGS, TO ALL SERVICES HEREINUNDER TO BE RENDERED TO OR BY YOU VIA THE APP WITHIN THE US AND THAT YOU AGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR PROVIDE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR PROVIDE THE SERVICES. 1. DEFINITIONS AND INTERPRETATION: 1.1 In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings: “App” means the mobile application which provides a platform for access to the Services and is owned by NovoWash; “Applicable Law” means all laws and regulations applicable in the state of Colorado; “Collection Location” means the locations as notified via the App, from which the Customers are to be serviced “Customers” means the customers identified via the App who wish to engage Services; “Customer Personal Data” means Personal Data of the Customer which is processed by either party in connection with these Conditions; “Data Protection Laws” means the General Data Protection Regulation (in so far as it is applicable in the US) and the Data Protection Act 2018 together with all legislation made thereunder and any other relevant laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time; “Service Location” means the location notified by the Customer using the App, which will be the destination of the Services; “Service Provider” means a person who is an independent service provider and/or operator who has accepted these Conditions with NovoWash to provide services to Customers who place Orders in the App, as an independent contractor working on his or her own account; “Service Provider Account” means the Service Provider’s account with NovoWash which contains the Service Provider’s personal information including their name, address, date of birth, licensing and insurance information. “Fees” means the fees payable to the Service Provider for the as set out in Condition 5 which is separate to any additional fees which NovoWash may pay at its sole discretion; “NovoWash” means the business including the App operating from Chestnut Lodge The Pathway Radlett Herts WD7 8JB “Insurance” means commercial, employment and / or public liability insurance or such other insurance as may be mandated from time to time; “Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world; “Order” means a request for Services by a Customer via the App; “Personal Data” has the meaning set out in the Data Protection Law; “Privacy Policy” means NovoWash’s privacy policy which is available on the NovoWash app or by clicking here; “Service Fee” means the total fee payable by the Customer for each Order; “Services” means the platform, through the App or otherwise, which connects Customers and Service Providers for the performance of Services in accordance with Orders; “Service Commission” means the commission payment payable by the Service Provider to NovoWash for the Services, being 12.4% of the Service Fee (which shall include value added tax where applicable), or such other commission amount as NovoWash may notify the Service Provider from time to time; “Week” means Monday to Sunday (inclusive). 1.2 In these Conditions (unless the context requires otherwise): 1.2.1 the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular; 1.2.2 references to “you” and “your” shall be construed as references to the Service Provider. References to “us” and “we” shall mean NovoWash; 1.2.3 reference to a party shall, upon any assignment or other transfer that is permitted by these Conditions, be construed to include those successors and permitted assigns or transferees; 1.2.4 the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of these Conditions; and 1.2.5 reference to any legislative provision shall be deemed to include any statutory instrument, bylaw, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent reenactment or amendment of the same. 2. SERVICES: 2.0 NovoWash prohibits car cleaners using the App for just advertisement purposes only. Accepting bookings external to the NovoWash marketplace from advertising your business on here will be removed. This is the same for after completing your first booking through being connected to a customer on the App. NovoWash strives to help car cleaners, and we expect car cleaners to respect the rules. 2.1 The App provides a means to enable Customers who seek services to be connected with Service Providers. NovoWash does not provide services, rather we are a technological service provider that uses an electronic platform to provide the Services. 2.2 You will need to provide your own mobile device in order to download the App and will be responsible for all costs associated with such mobile device including, without limitation, any data or call charges. 2.3 You are free to use the App at any time and no minimum or maximum periods of use are applied save that you must ensure that you comply with any regulatory and insurance requirements imposed on you as a provider of the Services. Service Providers may be offered additional payments or priority status in connection with their level of usage. 2.4 Notwithstanding the provisions of Condition 2.1, NovoWash does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness. 2.5 Nothing contained in these Conditions shall be construed or have effect as constituting any relationship of employer and employee between NovoWash and the Service Provider. Service Providers will at all times be independent contractors of Services. 2.6 Nothing in these Conditions shall constitute the Service Provider acting as an agent of NovoWash. The Service Provider shall not have any right or power whatsoever to contract on behalf of NovoWash or bind NovoWash in any way in relation to third parties unless specifically authorized to do so. Only in respect of Condition 5.2, is NovoWash acting as a commercial agent of the Service Provider and only for the purposes of U.S. and U.K. payment services regulations. 2.7 After completion of service, all payments to car cleaners will be completed by the end of the working day. Please be aware, car cleans completed after 5pm will be paid the following business day. Cars cleaned after 5pm on Fridays or during the weekend will receive payment the following Monday. 3. PROVIDING SERVICES: 3.1 You shall be solely responsible for (i) determining the most effective, efficient and safe manner to perform each Order, and (ii) any damage caused to Customers property during the provision of the Services. As an independent contractor in business on your own account, you shall be responsible for furnishing at your own expense any necessary equipment, tools and materials unless otherwise noted herein. 3.3 You acknowledge and agree that you will be responsible for making your own decision as to the accuracy and suitability of a Customer and as to whether you will accept or decline to provide them with Services. If you provide Services to someone who is not a customer or is not the Customer identified via the App for you to provide Services to, you agree that you will not be paid for these Services. Further, you will not be paid (other than directly by a customer) for any Services you provide to a Customer once you have completed the service in the App and any further services you provide to a Customer are at your own risk. 4. SERVICE PROVIDER REQUIREMENTS: 4.1 In order to provide the Services, you must: 4.1.2 have valid Insurance that covers all the services you provide to customers; 4.1.4 have a clean and well maintained equipment for the provision of Services; 4.1.5 have antivirus software installed and maintained on your device which will provide appropriate security against unauthorised access to Customer Personal Data; 4.1.6 abide by the terms of any contractor standards issued by NovoWash from time to time; and 4.1.7 not download any software or other applications which may interfere with or modify the App or its operation. 4.1.8 agree to upload images of completed work of a booking 4.1.9 agree that ratings and reviews provided by users on the App be published on the App 4.1.10 make best endeavours to arrive on time and ensure that customers are made aware of any change in arrangements, bookings or delay in arrival. 4.1.11 Service providers must not entice existing App customers to book future services outside of the App 4.1.12 Ensure that customers are satisfied with the quality of work undertaken and maximise the positive feedback provided by customers on the App. Any matters brought to the attention of the service providers at the time of the work must be dealt with at the time it is brought to the attention of the service provider together the “Minimum Requirements”. You must notify NovoWash immediately if you do not have any of the Minimum Requirements and you must cease to provide the Services immediately. 4.2 You warrant that you will provide the Services in full conformity to the Minimum Requirements and shall not do anything in contravention of these requirements and/or which may threaten the validity of, or limit the cover provided by, such Minimum Requirements. You shall indemnify NovoWash, NovoWash’s service users and Customers against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of, or in connection with, a breach by you of this Condition 4.2. 4.3 NovoWash reserves the right to give priority to Service Providers that have better operational performance, and to exclude (temporarily or permanently) Service Providers that do not meet the Minimum Requirements and any other operational threshold set by NovoWash in the future. You agree that you will maintain the Minimum Acceptance Rate. If you accept an Order from a Customer and you do not wish to provide Services to that Customer again, you may rate that Customer in such a manner that the Customer will not be permitted to receive the Services from you again. 4.4 At all times when providing the Services, you acknowledge and warrant that you will comply with the requirements of the Equality Act 2010 (as amended) and any other Applicable Law. 4.5 If, during the provision of the Services, you are involved in an accident or you are involved in any incident involving a Customer, you must immediately notify NovoWash by contacting our customer service centre on the number provided in the App. 4.6 You shall indemnify NovoWash, NovoWash’s service users and Customers against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, damage to customers or any other 3rd party’s Property, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of your undertaking of orders provided through the App. 5. FEES AND PROMOTIONS: 5.1 In consideration of the Services, you are required to pay NovoWash the Service Commission. As part of the Services, NovoWash will endeavor to collect all the Service Fees from the Customer on behalf of Service Providers. NovoWash may also levy charges on the Customer for the Services. From time to time NovoWash may offer you additional payments at its sole discretion, however such payments will not be for Services. You agree and appoint NovoWash to be commercial agent solely of the Service Provider in collecting all Service Fees and distributing the Service Fees to Service Providers in respect of the U.S. and U.K. payment services regulations. 5.4 If a Customer fails to pay, challenges or otherwise disputes the accuracy of the Services or the charges levied in respect of the same, NovoWash may withhold payment of the Fees in respect of that Order or, if the Fees have already been paid to the Service Provider, may deduct an amount equivalent to the disputed Fees from the next Service Providers Statement payment. NovoWash will investigate the Customer dispute and it’s decision on payment of such disputed Fees shall be final. For the avoidance of any doubt, NovoWash shall not be required to make payment of the Fees to the Service Provider if the Customer fails to pay the Fees due. 5.5 Subject to Condition 5.4, NovoWash will pay you the Fees less the Services Commission in arrears in accordance with the Service Statement. NovoWash will endeavor to process all payments to you within a week (subject to any disputes) of the date of the issue of the Service Statement. For the avoidance of doubt this means that if for example you perform Services on a Monday, you will not be paid for those services until after the Service Statement has been issued (and in the case of dispute, where agreed) during the following Week. 5.6 From time to time NovoWash may run promotions which will offer Service Providers or Customers discounts or additional fees for using the Services. NovoWash will notify you of offers that you are eligible to accept from time and any additional promotional terms and conditions. Where a promotion offers Service Providers a bonus for completing a set numbers of Orders, you must not do anything in fulfilment of this promotion which may be deemed fraudulent. All Orders must involve the provision of bona fide Services to Customers and you must not create any fake or fictitious Customer profiles in order to qualify for any bonus payment. To achieve a promotional bonus, all Orders completed must be for the provision of Services to independent third parties and must not relate to Services to family members, friends or people known to you. NovoWash reserves the right to report any fraudulent activities to relevant law enforcement authorities. 5.7 Where it is reasonably considered by NovoWash that you have acted in a manner that is otherwise than in accordance with Condition 5.6 above, NovoWash will notify you and, at its sole discretion, may withhold or deduct any bonus payment from the Fees paid to you and/or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Condition 5.5, you can dispute this decision by writing to [email protected] within 48 hours of receipt of such notification and providing full reasons for your dispute. NovoWash will consider your representations and will notify you of the outcome of its decision (which shall be final). 5.8 Any price of 'car washing' or 'car valeting' services which are extortionate will be removed off the App. However, 'car detailing' and 'car polishing' services will remain higher service charges but please be mindful to customers with this. 5.9 Your business profile will only show customers' your 'first name' and 'last name'. As we do not employ any businesses, we only must represent the names of individuals. 6. DATA AND DATA PRIVACY: 6.1 By downloading and/or using the App you consent to NovoWash processing your Personal Data. NovoWash will process your Personal Data for purposes connected with the Services. NovoWash requires you to submit a legal document of your ID for verification and security purposes such as preventing fraudulent activities. This information is securely stored. If any errors occur, one of the members of the team from NovoWash will contact you from using the 'Contact Us' page to explain how we can solve any error. From time to time, NovoWash may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of NovoWash. When processing your Personal Data, NovoWash will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws. Your Personal Data may be processed outside of the EEA. 6.2 In order to allow you to provide the Services, Customer Personal Data may be transferred to you by NovoWash. You must keep this Customer Personal Data safe and secure at all times and not allow access to any third parties to such information. You must not store any Customer Personal Data on your mobile device or any other mobile telephone (other than on the App) or otherwise process any Customer Personal Data unless the Customer provides you with express permission to do so. 6.3 In order to allow NovoWash to provide the Services, NovoWash will provide Customers with your information so that the Customer can identify you as the provider of Services. NovoWash shall provide Customers with your name, vehicle details including registration number, telephone number and such other details in your Service Account which may help the Customer to identify you and you confirm that you give your permission for NovoWash to transfer this information to the Customer. 6.4 We also process your Personal Data in accordance with NovoWash’s Privacy Policy, please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood the use of your Personal Data set out in the Privacy Policy. 6.5 You confirm that at all times when accessing the Services and Customer Personal Data, you will: 6.5.1 comply with all Data Protection Laws; 6.5.2 not knowingly or recklessly do anything which would put NovoWash in breach of its obligations under Data Protection Laws; and 6.5.3 indemnify NovoWash in full for any losses which it incurs as a result of a breach by you of this Condition 6. 6.6 You must: 6.6.1 notify us immediately if you become aware of any Customer Personal Data Breach; 6.6.2 provide all information relating to the Customer Personal Data Breach which is in your possession; and 6.7 NovoWash does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial of service attack or a distributed denial of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. NovoWash will report any such breach to the relevant law enforcement authorities and NovoWash will co operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately. 6.8 The App may include links to other websites, apps or material which is beyond NovoWash’s control and which are owned and controlled by third parties. NovoWash is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the App. Where the App contain links to other sites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to NovoWash’s users and are not administered or verified in any way by NovoWash. Such links are accessed by you at your own risk and NovoWash makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites. NovoWash may provide links to third party websites or apps that use cookies on users to collect data and/or to solicit personal information. As a result, NovoWash strongly recommends that you read the privacy policies and terms of use of any third party websites or apps prior to using them. 6.9 Electronic Communications When you sign up on the App or send us emails or use pop-ups or make calls, you may be communicating with NovoWash electronically. NovoWash will communicate with you by email, pop-up, phone, text or by posting notices on the NovoWash website. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing. 7. SUSPENSION OR MODIFICATION: NovoWash reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or your access to the Services. From time to time, NovoWash may also restrict access to some or all parts of the Services and/or the App. 8. NOVOWASH’S LIABILITY: 8.1 Nothing in these Conditions excludes or limits NovoWash’s liability for death or personal injury arising from NovoWash’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by U.S. and English law. 8.2 The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet. 8.3 To the fullest extent permitted by law, NovoWash (including its officers, directors and employees) and third parties (including any agents or sub contractors) connected to it hereby expressly exclude: 8.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App; and 8.3.2 any liability arising under or in connection with: 8.3.2.1 use of, or inability to use, the App and/or Services; 8.3.2.2 use of or reliance on any content displayed on the App; 8.3.2.3 incompatibility of the App with any of your electronic and/or mobile equipment, devices, software or telecommunications links; and 8.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the Services. 8.4 To the fullest extent permitted by law you acknowledge and agree that NovoWash will not be liable to you or any third party for any indirect or consequential losses or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management and/or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, (even if foreseeable) resulting from your use of the App and/or Services. 8.5 NovoWash will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it. 8.6 NovoWash shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control. 8.7 Subject to the remainder of this Condition 8, NovoWash’s total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable to you in relation to the Order in which the liability arose. 9. INDEMNIFICATION: By accepting these Terms and Conditions you agree to defend, indemnify (compensate) and hold NovoWash, its affiliates, its customers, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless from all and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with: 9.1 your violation or breach of these Terms and Conditions or any Applicable Law or regulation, whether or not referenced herein; 9.2 your violation or breach of any rights of any third party, including Customers and/or other Service Providers; or 9.3 your use or misuse of the App and/or Services. Save for the indemnities contained within Terms and Conditions 4.2 and 9.2, rights under these Conditions only accrue to a person who is party to these Terms and Conditions and accordingly a person who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 10. TERMINATION: 10.1 These Terms and Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account. 10.2 NovoWash is entitled to terminate its provision of the Services to you or your license to use the App with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App at its sole discretion. 11. VARIATIONS 11.1 NovoWash reserves the right, in its sole discretion, to vary these Terms and Conditions at any time. It is your responsibility to check the terms and conditions available in the App and/or Service Provider portal in order ensure that you agree to the latest version before you accept each new Order. The date of the most recent revisions will appear at the bottom of this page. NovoWash shall not be required to provide you with any notification of any updates to its terms and conditions and you agree that it is your sole responsibility to check for any updates prior to the acceptance of each Order. 11.2 If there is any inconsistency between NovoWash’s Privacy Policy and these Terms and Conditions, the Privacy Policy shall prevail. 12. ASSIGNMENT: Your Service Provider Account and the Services are personal to you, and therefore you may not assign, sub license or transfer in any other way your rights and obligations under these Terms and Conditions of use to any third party. However, if necessary, NovoWash may freely assign its rights and obligations without your consent and without the need to notify you before assigning them. 13. INVALIDITY: If any part of these Terms and Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law. 14. THIRD PARTY RIGHTS: Save for the indemnities contained within Conditions 4.2 and 9.2, rights under these Conditions only accrue to a person who is party to these Conditions and accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 15. WAIVER: No failure or delay by NovoWash to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy. 16. PARTNERSHIP AND JOINT VENTURE: Nothing contained in these Terms and Conditions shall constitute a partnership or joint venture between the Service Provider and NovoWash. 17. YOUR CONCERNS: If you have any concerns about material which appears on the Site and/or the App, please contact us at [email protected]. 18. JURISDICTION AND APPLICABLE LAW: These Conditions, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of the state of Colorado and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of the state of Colorado. 19. CHILD LABOR: This section defines NovoWash’s policy on the use and prevention of child labor at Service Providers. This policy also outlines the practices/routines used to respond to child labor in the event that it occurs. Policy: NovoWash does not take part in, accept or use child labor. NovoWash does not permit the use of child labor by any Service Provider that does business with or on behalf of the Company. NovoWash supports the United Nations (U.N.) Convention on the Rights of the Child (1989) and adheres to these international laws and all United States of America’s national laws on the prevention of child labor. NovoWash has a strict policy on young workers ages 15-17. NovoWash will ensure that young workers are treated according to the law, and requires that its Service Providers ensure that young workers are treated according to the law; this includes measures to avoid hazardous jobs, night shifts and ensuring minimum wages. Limits for working hours and overtime will be set with special consideration to the workers’ age. Prevention of Child Labor: Upon onboarding of a new Service Provider, valid, government issued photo ID is required to be presented at the beginning of onboarding by the Service Provider. The photo ID must have the birth date of the person clearly stated and be legible. A photocopy of the ID will be obtained by NovoWash. An electronic copy of the ID will be kept on file for the Service Provider. NovoWash does not do business with or hire services of any Service Providers or contractors that use child labor (workers under the age of 15). Service Providers will acknowledge receipt and compliance with NovoWash’s policy on Child Labor. Response to Child Labor: In the event child labor is discovered within the Service Provider, employment of the child shall cease immediately, and the Service Provider shall conduct an investigation as to the circumstances and report back in writing to NovoWash. In addition, Service Providers shall make a reasonable effort to ensure that the child’s overall wellbeing and safety will be taken into account while the situation is mitigated. In the event that a Service Provider uses child labor while engaged in services for or on behalf of the Company, cessation of business with the contractor may occur. Service Provider will be notified immediately upon discovery and agreements for business between the Service Provider and NovoWash might be void and that further business may not continue at the discretion of NovoWash. Notification requirements: Upon discovery of child labor issues, proper notification must be sent immediately to [email protected] to advise Us of actions taken deal with the situation. Federal, State, and Local Laws: Service Providers shall, at all times, comply with applicable federal, state and local laws. Some variations to these guidelines may apply based on applicable statutes. 20. COMPLIANCE WITH LAWS: 20.1 Service Provider shall comply with all applicable national, state, provincial, and local laws, ordinances, rules, and regulations, including but not limited to those relating to: (a) pollution control such as the Clean Air Act, (42 U.S.C. 7401, et seq. and the Clean Water Act 33 U.S.C. 1251 et seq.); waste disposal, such as the Resource Conservation and Recover Act, 42 U.S.C. 6901, et seq.; hazardous substances such as the Toxic Substances Control Act, 15 U.S.C. 2601, et seq., and the European Union law and regulations on the Directive on Restrictions on Use of Hazardous Substances in Electrical Electronic Equipment (Directive 2002/95/EC); occupational health and safety, such as the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., and any other national, state, provincial, and local laws, ordinances, rules, and regulations dealing with protection of the environment, health and safety; (b) employment practices and child labor such as Sections 6, 7 and 12 of the Fair Labor Standards Act of 1938 (“FLSA”), as amended (29 U.S.C. §§ 201-219) and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Section 12(a) and Section 15(a) (1) of the FLSA and the Walsh-Healy Public Contracts Act (41 U.S.C. §§ 6501-6511) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 et seq.), and any amendments thereto, as well as with the provisions of any other laws with respect to labor relations, minimum wages and hours of employment, now in effect or hereafter enacted. Service Provider also agrees to fully comply with the provisions of Executive Order 13496; (c) Equal Employment Opportunity including, without limitation: the Equal Employment Opportunity provisions set forth in section 21.3 of this Agreement, 48 CFR Section 52.222-35 (Equal Opportunity for Veterans), and 48 CFR Section 52.222-36 (Equal Opportunity for Workers with Disabilities), as amended, which prohibit discrimination on the basis of race, color, religion, sex, national origin, disability or protected veteran status; 41 C.F.R. § 109-40.110-2 (E.O. 12432 (Minority Business Enterprises)); 29 CFR Part 471, Appendix A to Subpart A (E.O. 13496 (Notification of Employee Rights Under Federal Labor Laws)); and other similar federal or state laws or regulations; (d) Data Privacy meaning laws relating to data privacy, trans-border data flow or data protection, including, without limitation, the Health Insurance portability and Accountability Act of 1996 (“HIPAA”) and the implementing legislation and regulations of the European Union member states under the European Union Directive 95/46/EC; (e) Providing, attempting to provide, or offering to provide any kickback (as defined in the Anti-Kickback Act of 1986 (41 U.S.C. § 8701, et seq.), the Foreign Corrupt Practices Act of 1977 (as amended, 15 U.S.C. 78dd-1, et seq.), 15 U.S.C. other statutes, 18 U.S.C. § 1341, 1343, the Travel Act (18 U.S.C. § 1952) or any other applicable national, state or local laws which provides for federal prosecution of violations regarding kickbacks or commercial bribery); and; 20.2 Service Provider warrants that: (a) the Deliverables meet or exceed the applicable standards imposed by the Consumer Products Safety Act (15 U.S.C.A. § 2015); (b) the Deliverables meet or exceed the safety and health standards established and promulgated under the Federal Occupational Safety and Health Act (29 U.S.C. 651 et seq.); (c) Service Provider has fully complied with the Equal Pay Act (29 U.S.C.A. § 206) and applicable provisions of the FLSA as amended; (d) Service Provider has complied with all laws, ordinances, rules, and regulations designating certain parties as “denied”, “restricted” or similarly ineligible to do business with U.S. entities. Service Provider shall notify NovoWash promptly if Service Provider is: (i) suspended, debarred, or proposed for suspension or debarment from doing business with the U.S. Government, or (ii) listed or is proposed to be listed by the U.S. Government in any "denial orders," as a "blocked person,” as a "specially designated national,” or as a "specially designated terrorist" for U.S. export administration purposes (collectively, “Debarment”). Service Provider shall indemnify and hold NovoWash harmless against any loss or damage suffered by NovoWash as a result of Service Provider’s Debarment, and (e) this Agreement does not violate any laws or regulations of the territories where Service Provider conducts business or will perform this Agreement. 20.3 Equal Employment Opportunity: NovoWash may be at times a federal contractor that will comply fully with Executive Order 11246, as amended by Executed Order 13562, and the applicable regulations contained in 41 CFR Parts 60-1 through 60-50; 29 U.S.C. Section 793 (Section 503 of the Rehabilitation Act) and the applicable regulations contained in 41 CFR Part 60-741; and 38 U.S.C. Section 4212 (Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)) and the applicable regulations contained in 41 CFR Part 60-300. The following provisions are incorporated into this Agreement by reference: (a) Executive Order 11246, as amended by Executed Order 13672, and the Equal Employment Opportunity clause, section 60-1.4(a) of 41 CFR, concerning equal opportunity obligations of federal contractors and subcontractors; (b) Executive Orders 11701 and 11893, and the Affirmative Action clauses, sections 60-300.5(a) and 60-741.5(a) of 41 CFR, concerning affirmative action obligations for protected veterans and workers with disabilities of federal contractors and subcontractors. This contractor [NovoWash] and subcontractor [Service Provider] shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities; (c) U.S. immigration laws; and (d) Executive Order 13496 and the Employee Notice clause, section 471.2(b) and Appendix A to Subpart A of Part 471 of 29 CFR, regarding notification of employee rights under federal labor law. 21. INSURANCE: 22.1 Service Providers shall be insured against all risks and liabilities to which the Service Provider is or may become subject associated with or related to this Agreement. The Service Provider shall notify its insurers of all insurance claims as soon as reasonably practicable after the relevant loss or damage. 22.2 Without limiting Service Providers duty to defend, hold harmless and indemnify hereunder, Service Provider agrees to secure and carry as a minimum during the entire term of this Agreement, the following insurance: (a) Workers' Compensation Insurance, inclusive of an alternate employer endorsement, in an amount sufficient by virtue of the laws of the U.S., foreign country, state, or other governmental subdivision in which the work or any portion of the work is performed and Employer's Liability Insurance in the amount of $1,000,000 for any one occurrence; (b) Commercial General Liability Insurance written on an occurrence basis with limits equal to: General-Aggregate: $1,000,000 Personal Injury: $1,000,000; and Each Occurrence: $1,000,000, including coverage for the US, Canada as well as other countries in which the Services will be accomplished. Service Provider will accept and defend suits in the aforementioned jurisdictions including arbitration (if applicable); coverage will be for claims sounding in negligence and/or the strict liability caused by an alleged service or product defect for both bodily and property injury. (c) If Service Providers vehicles are used on Customers premises and/or used to accomplish work under this Agreement or otherwise on behalf of Customer, Automobile Liability Insurance in which the limit of liability for property damage and bodily injuries, including accidental death, shall be a combined single limit of $1,000,000 for any one occurrence; (d) If Service Providers materials or equipment in its care, custody or control, Service Provider shall maintain All Risk Property Insurance in an amount sufficient to meet or exceed the replacement value of such material; and (e), Service Provider shall maintain Professional Liability and Errors and Omissions Insurance with a limit of not less than $1,000,000, 22.4 The insurance coverage’s described above shall be in a form satisfactory to NovoWash, and shall contain a provision prohibiting cancellation except upon at least ten (10) days' prior notice to NovoWash. All such insurance policies will be primary in the event of a loss arising out of Service Providers performance of work and shall provide that where there is more than one insured the policy will operate, except for the limits of liability, as if there were a separate policy covering each insured and shall operate without right of contribution from any other insurance carrier by NovoWash. Certified copies of said policies or certificates evidencing such insurance and endorsements naming NovoWash as an additional insured or, in the case of All Risk Property Insurance, naming Service Provider and NovoWash as loss payees, shall be available before commencement of any work hereunder, and within a reasonable time after any renewals or changes to such policies are issued. To the extent permitted by law, Service Provider and its insurer(s) agree that subrogation rights against NovoWash are hereby waived. Service Provider shall reflect such waiver in any policy(ies) required under this Agreement and shall advise the amount of available policy limits as of execution of this Agreement and shall identify the amounts of any self-insured retention. 22. ENTIRE AGREEMENT This document shall be deemed to contain the entire agreement between Service Provider and NovoWash to constitute the complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to such terms as are included herein or are the subject matter hereof being merged herein. By way of illustration and not limitation. Service Providers acceptance shall be deemed to incorporate, without exception, all the terms and conditions hereof notwithstanding any acknowledgment or other form of Service Provider containing additional or contrary terms or conditions, unless Service Provider shall have expressly advised NovoWash to the contrary in a writing apart from the printed provisions of such form. In the event of a written request by Service Provider for additional or contrary terms or conditions, such modification may only be made in these terms and conditions by a written instrument signed by one of the Service Providers officers and accepted in writing by one of NovoWash’s duly authorized officers. Description of Services: Car Washing: The main objective of a car wash is to loosen and remove grime from your vehicle’s surface. A car wash involves chemical detergent, specialized brushes, and high-pressurized water to clear away dirt, salt, and mud. Service Providers utilize high-power brushes and cleaning solutions that leave your car shining. Mini Valet: This involves hand wash using wash and wax shampoo, leather off bodywork, clean wheels, rubber dress tires and mudflaps, vacuum carpets, and upholstery, remove any rubbish, polish windows inside and out, treat dashboard and door trims with a vinyl dressing. Standard Valet: The standard valet is a more detailed service of cleaning removing more of that grime that is built up in your car. The car will be washed and dried, then hoovered and brushed through paying attention to all vents and all the hard-to-reach places, the car is then polished and then hand waxed. This entails a thorough exterior wash and dries utilizing safe washing techniques, an interior vacuum, wipe down of the plastics and glass cleaned. Full Valet: This usually includes a deeper clean of the exterior and interior, as well as the application of a wax or sealant to the paintwork, and a tire and trim dressing to the exterior plastic and rubber. Full valets can sometimes take several hours to complete. Car Detailing: This keeps the vehicle in its best possible condition, especially cosmetic, as opposed to mechanical. This is achieved by removing both visible and invisible contaminants from the vehicle's interior and polishing the exterior to its original blemish-free finish. The most basic detail options include an exterior wash and wax, interior vacuuming, window cleaning and surface polishing. Detailing can sometimes take several hours to complete. Some service providers spend even longer. Car Polishing: This is the process of removing minor clear coat damage (scratches and swirl marks) using a polishing liquid to flatten the clear coat which increases the gloss-level. The polishing process can be performed by machine or by hand and should be followed by protecting the paint using a wax, sealant, or coating. Self Service and Roll in Bay car wash facilities: Services and scheduling rules may vary per individual established car wash facility. Customers are responsible to and must review available service and scheduling rule detailed descriptions when utilizing the app for these physical facility services. Privacy Policy: This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the service and tells you about your privacy rights and how the law protects you. We use your Personal data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this Privacy Policy. Interpretation and Definitions: Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions: For the purposes of this Privacy Policy: Account means a unique account created for you to access our service or parts of our service. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Application means the software program provided by the Company downloaded by you on any electronic device, named NovoWash. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NovoWash. For the purpose of GDPR the Company is the Data Controller. Country refers to: United States of America. Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. Device means any device that can access the service such as a computer, a cellphone, or a digital tablet. Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. Service refers to the Application. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the service, to provide the service on behalf of the Company, to perform services related to the service or to assist the Company in analyzing how the service is used. For the purpose of the GDPR, Service Providers are considered Data Processors. Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit). You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable. Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the User as you are the individual using the service. Collecting and Using your Personal Data: Types of Data Collected: Personal Data: While using Our Service, We may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to: - Email address - First name and last name - Phone number - Address, State, Province, ZIP/Postal code, City - Usage Data Usage Data: Usage Data is collected automatically when using the service. Usage Data may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our service or when you access the service by or through a mobile device. Use of your Personal Data: The Company may use Personal Data for the following purposes: To provide and maintain our Service: including monitoring the usage of our service. To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with Us through the Service. To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To provide you: with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information. To manage your requests: To attend and manage your requests to Us. For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, services, marketing and your experience. We may share your personal information in the following situations: With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact you. For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. With Affiliates: We may share your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. With business partners: We may share your information with Our business partners to offer you certain products, services or promotions. With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. With your consent: We may disclose your personal information for any other purpose with your consent. Retention of your Personal Data: The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. Transfer of your Personal Data: Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Disclosure of your Personal Data: Business Transactions: If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement: Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements: The Company may disclose your Personal Data in the good faith belief that such action is necessary to: - Comply with a legal obligation - Protect and defend the rights or property of the Company - Prevent or investigate possible wrongdoing in connection with the Service - Protect the personal safety of Users of the Service or the public - Protect against legal liability Security of your Personal Data: The security of your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Data, We cannot guarantee its absolute security. The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process and transfer information about your activity on Our Service in accordance with their Privacy Policies. Payments: We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to Our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. We charge a fee for our services and products. The commission, prices and fees associated with any product or service are subject to change without notification for users. All commissions, prices and fees will be presented upfront for all users. Apple Store In-App Payments: Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/ Google Play In-App Payments: Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/ Stripe: Their Privacy Policy can be viewed at https://stripe.com/us/privacy PayPal: Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full GDPR Privacy: Legal Basis for Processing Personal Data under GDPR: We may process Personal Data under the following conditions: Consent: You have given Your consent for processing Personal Data for one or more specific purposes. Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Your Rights under the GDPR: The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to: Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service. Exercising of Your GDPR Data Protection Rights: You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the United States contact the Federal Communications Commission (FCC). If you are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. Children's Privacy: Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. Links to Other Websites: Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. Changes to this Privacy Policy: We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last Updated" date at the bottom of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact Us: If you have any questions about this Privacy Policy, you can contact us: By email: [email protected]. Code of Conduct: NovoWash’s reputation for integrity is built not only on the quality of the product and service provided, but also NovoWash’s employees and Service Providers history of honest, ethical, and fair relations with business partners and customers. As NovoWash continues to expand globally, Our commitment to integrity remains as strong as ever. Everyone at NovoWash including Customers and Service Providers share in the credit for making integrity a key component of the NovoWash culture and in the responsibility for upholding this commitment. If you suspect any violations of this code of conduct, contact [email protected]. As a global company Novowash’s Employees, Service Providers, and Customers must operate in a strict compliance with all laws and regulations applicable to our activities. In addition we must all adhere to the moral and ethical standards of the individual countries in which we do business. Unlawful discrimination in the hiring, promotion, compensation, or retention of employees is strictly prohibited. Abusive, harassing, or offensive conduct is not permitted, whether verbal or physical. Examples include unwelcome sexual advances and derogatory, ethnic, or racial, comments. Retaliation against any employee, Service Provider, or Customer for reporting discrimination or harassment will not be tolerated. NovoWash is committed to ensuring its work environments meet the highest standards in protecting the health and safety of employess, Service Providers and Customers. Each Service Provider has the responsibility for maintaining a healthy workplace by following health and safety rules and practices and be reporting accidents, injuries, and unsafe equipment, practices and conditions. Customers and Service Providers must immediately report any unsafe working practices or conditions. NovoWash prohibits the use, sale, possession, or being under the influence of alcohol, illegal drugs, or controlled substances by Service Providers. NovoWash take pride in industry leading environmental stewardship and sustainability. Service Providers and Customers are expected to report any suspected environmental concerns. Service Providers must act honestly and with integrity in all business dealings and deal fairly with all Customers. Favors, bribes, kickbacks as a condition to past, present or future business is strictly prohibited. It is everyone’s responsibility to ensure that all payments are necessary, lawful, and properly documented. Service Providers must not take unfair advantage of a business relationship through illegal conduct, deceit or any other unfair practice. NovoWash and Service Providers are required to comply with all applicable laws protecting fair competition. NovoWash employees and Service Providers shall not enter into any agreement, written or implied, with a competitor about pricing, costs, terms, markets, customers or any other matter that could impact competition. No one shall exchange information about pricing with a competitor. Any agreement with a competitor must be approved by an officer of NovoWash. Terms & Conditions – Customers: Part 1 – Booking Service Terms: 1. DEFINITIONS: "Booking Services" means the services set forth in Clause 2 of this Part 1, which shall be provided to you by NovoWash. "NovoWash" shall mean the app through which service providers offer services to end users who can book those services via the app. "Service Provider" means a provider of available services that can be booked on the NovoWash app. “Service Contract” means the contract for services as set out in Clause 3 of this Part 1. "Website" shall mean www.novowash.us. 2. THE PROVISION OF BOOKING SERVICES BY NOVOWASH: NovoWash provides to you certain booking services (the "Booking Services"). The Booking Services include: a. Accepting bookings requested by you (which include bookings requested in advance by you in the NovoWash app) in accordance with sub-paragraph 3 below, but without prejudice to NovoWash’s rights at its sole and absolute discretion to decline any such request and/or cancel an accepted booking; b. Identifying suitable Service Providers; c. Keeping records of bookings; d. Remotely monitoring services booked using the NovoWash App; e. Receiving and dealing with feedback, questions and complaints relating to bookings accepted by NovoWash, which may be made by email: [email protected]. You are encouraged to provide your feedback if any of the services provided to you by a Service Provider do not conform to your expectations; and in each case in accordance with any relevant provisions of the Legislation. f. Within the price market fixes, NovoWash monitors prices fluently to ensure they are competitive. NovoWash monitors specific services but allows higher prices for more premium services which possess significant equipment costs and require more time for the services. Pursuant to, and for the purposes of the Legislation, NovoWash accepts bookings at its registered address and is subject to all statutory and regulatory obligations and liabilities with respect to that activity. 3. YOUR SERVICE CONTRACT WITH A SERVICE PROVIDER: NovoWash is not a Service Provider and does not provide services. Services are provided to you under a contract (the "Service Contract") between you and the Service Provider that is identified to you in the booking confirmation provided by NovoWash. The Service Provider may operate in an area other than where the booking is requested or the services are provided. NovoWash is not a party to the Service Contract and acts as a disclosed agent for the Service Provider in communicating the Service Provider's agreement to enter into the Service Contract. Finally, under the NovoWash authority, customers and car cleaners alike are not allowed to book directly through each other without using the NovoWash App after using the NovoWash App for the initial point of contact. This is so NovoWash can continue helping both customers and car cleaners: customers for convenience and car cleaners for efficiency, business growth and striving to help give car cleaners a 9am-5pm model structured day. Failure to abide this may result in your account being removed. 4. PAYMENT: The Booking Services are provided by NovoWash to you free of charge. NovoWash reserves the right to introduce a fee for the provision of the Booking Services. If NovoWash decides to introduce such a fee, it will inform you accordingly and allow you to either continue or terminate your access to the Booking Services through the NovoWash App at your option. The rates that apply for the services provided by the Service Provider can be found through the NovoWash App. These may be modified or updated from time to time. It is your responsibility to remain informed about the current rates for the services. 5. LIMITATION OF LIABILITY: To the extent permitted by applicable law, NovoWash will not be liable to you in any way (whether such liability arises in contract (by way of indemnity or otherwise), tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for: any theft or loss of your or any other person's property in connection with the Booking Services or any booking accepted by NovoWash US; a. any booking that has not been accepted; b. any loss, damage, costs, expenses or liability suffered by anyone other than you in connection with your use of the NovoWash App; c. any losses that could not reasonably be expected to result from our negligence or breach of these Terms and Conditions; d. any loss relating to your business or the business of your employer or any other person; e. any loss of profits, loss of revenue, loss of opportunity, loss of business or employment (whether or not such loss could be reasonably expected to flow from our negligence or breach of these Terms and Conditions); or f. any other loss, damage, costs, expenses or liability that you suffer in connection with the Booking Services, save to the extent that NovoWash fails to perform its obligations to you to the standard of a diligent and professional provider of the relevant services. g. any loss or damage to you, your property, vehicle, and any other article caused by a Service Provider discharging their services whether those services have been booked through the app or otherwise. h. if NovoWash is liable to you in connection with the Booking Services, its liability will be limited to an amount equal to $25 in aggregate. Nothing in these Terms and Conditions will limit or exclude NovoWash’s liability to you for personal injury or death caused directly by NovoWash’s negligence. 6. APPLICABLE LAW: The Booking Services and the Booking Service Terms set out in this Part 1, and all non-contractual obligations arising in any way whatsoever out of or in connection with the Booking Service Terms shall be governed by, construed and take effect in accordance with the laws of the state of Colorado. Any dispute, claim or matter of difference arising out of or relating to the Booking Services or Booking Service Terms is subject to the exclusive jurisdiction of the courts of the state of Colorado. Part 2 – Terms of Use: These Terms of Use (“Terms”) apply to your visit to and your use of the Website and the NovoWash App as well as to all other information, recommendations and/or services provided to you on or through the Website and the NovoWash App, but for the avoidance of doubt these User Terms do not apply to the Booking Services defined and described in Part 1 above. However, defined terms used in this Part 2 shall have the meaning given in Part 1 unless otherwise specified. 1. CONTRACTUAL RELATIONSHIPS: These Terms in Part 2 govern the access or use by you, an individual, from within any country in the world (excluding the Mainland China) of applications (including the NovoWash App), websites, content, products, and services (the “Services”) made available by NovoWash, a business established in the United Kingdom, having its offices at Chestnut Lodge, The Pathway, Radlett, Hertfordshire WD7 8JB. In relation to Bookings, the Services enable you to access the Booking Services provided by NovoWash described in Part 1 above but, for the avoidance of doubt these Terms do not apply to the Booking Services defined and described in Part 1 above. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and NovoWash. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. NovoWash may terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. NovoWash will provide you with as much notice as it reasonably can of such termination, cessation or denial, being at least 24 hours notice. However, NovoWash reserves the right to terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, immediately at any time without notice if (i) you are in breach of these Terms, (ii) it is impractical to give such notice in the circumstances, or (iii) in NovoWash’s opinion, any delay in such termination would expose NovoWash or a third party to significant risk of harm or damage. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. NovoWash may amend the Terms related to the Services from time to time. Amendments will be effective upon Novwash’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. Our collection and use of personal information in connection with the Services is as provided in NovoWash’s Privacy and Cookie Policy that can be found in the NovoWash App. NovoWash may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider (including a Service Provider) and such information or data is necessary to resolve the complaint, dispute or conflict. 2. THE SERVICES: The Services constitute a technology platform that enables users of NovoWash’s mobile applications or websites provided as part of the Services (each, an “Application”) to pre-book and schedule services with independent third party providers of such services, including independent third party providers (including Providers as defined in Part 1). Unless otherwise agreed by NovoWash in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use. YOU ACKNOWLEDGE THAT NOVOWASH DOES NOT PROVIDE SERVICES OR FUNCTION AS A SERVICE PROVIDER AND THAT ALL SUCH SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY NOVOWASH OR ANY OF ITS AFFILIATES. License: Subject to your compliance with these Terms, NovoWash grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by NovoWash and NovoWash’s licensors. Restrictions: You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by NovoWash; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks. Third Party Services and Content: The Services may be made available or accessed in connection with third party services and content (including advertising) that NovoWash does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. NovoWash does not endorse such third party services and content and in no event shall NovoWash be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable international subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service. Ownership: The Services and all rights therein are and shall remain NovoWash’s property or the property of NovoWash’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner NovoWash’s company names, logo, product and service names, trademarks or services marks or those of NovoWash’s licensors. 3. YOUR USE OF THE SERVICES: User Accounts: In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to NovoWash certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or NovoWash termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by NovoWash in writing, you may only possess one Account. User Requirements and Conduct: The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity. User Provided Content: NovoWash may, in NovoWash’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to NovoWash through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to NovoWash, you grant NovoWash a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and NovoWash’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant NovoWash the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor NovoWash’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by NovoWash in its sole discretion, whether or not such material may be protected by law. NovoWash may, but shall not be obligated to, review, monitor, or remove User Content, at NovoWash’s sole discretion and at any time and for any reason, without notice to you. Network Access and Devices: You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. NovoWash does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. 4. PAYMENT AND CHARGES FOR SERVICES: You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges”). After you have received services or goods obtained through your use of the Services, NovoWash will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as disclosed payment collection agent for the Third Party Provider (as Principal). Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by NovoWash. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. NovoWash will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. All Charges are due immediately and payment will be facilitated as soon as practicable by NovoWash using the preferred payment method designated in your Account, after which NovoWash will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that NovoWash may, as the Third Party Provider’s disclosed payment collection agent, use a secondary payment method in your Account, if available. As between you and NovoWash, NovoWash reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in NovoWash’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. NovoWash will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. NovoWash may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. NovoWash does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by NovoWash, in the Application, or in NovoWash’s marketing materials to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that NovoWash provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. 5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNIFICATION: DISCLAIMER: THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOVOWASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NOVOWASH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOVOWASH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY: NOVOWASH SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF NOVOWASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVOWASH SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF NOVOWASH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOVOWASH SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND NOVOWASH’S REASONABLE CONTROL. IN NO EVENT SHALL NOVOWASH’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY DOLLARS ($50). NOVOWASH’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE, GOODS, LOGISTICS, DELIVERY OR VENDOR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT NOVOWASH HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOOD, LOGISTICS, DELIVERY OR VENDOR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. Indemnity: You agree to indemnify and hold NovoWash and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) NovoWash’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers. 6. GOVERNING LAW; ARBITRATION: Except as otherwise set forth in this Agreement, the Terms contained in this Part 2 of this Agreement shall be exclusively governed by and construed in accordance with the laws of the state of Colorado. 7. OTHER PROVISIONS: Claims of Copyright Infringement: Claims of copyright infringement should be sent to NovoWash at Chestnut Lodge, The Pathway, Radlett, Herts, WD7 8JB Notice: NovoWash may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to NovoWash by written communication to NovoWash's address at Chestnut Lodge, The Pathway, Radlett, Herts WD7 8JB . General: You may not assign or transfer these Terms in whole or in part without NovoWash’s prior written approval. You give your approval to NovoWash for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of NovoWash’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, NovoWash or any Third Party Provider as a result of the contract between you and NovoWash or use of the Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.” By signing up with NovoWash you are accepting to be added to our newsletter and email list. To opt out please go to most recent newsletter or email and click 'unsubscribe'. 8. WAIVER: No failure or delay by NovoWash to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy. 9. PARTNERSHIP AND JOINT VENTURE: Nothing contained in these Terms and Conditions shall constitute a partnership or joint venture between the Service Provider and NovoWash. 10. YOUR CONCERNS: If you have any concerns about material which appears on the Site and/or the App, please contact us at [email protected]. 11. JURISDICTION AND APPLICABLE LAW: These Conditions, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of the state of Colorado and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of the state of Colorado. 12. ENTIRE AGREEMENT This document shall be deemed to contain the entire agreement between Service Provider and NovoWash to constitute the complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to such terms as are included herein or are the subject matter hereof being merged herein. By way of illustration and not limitation. Service Providers acceptance shall be deemed to incorporate, without exception, all the terms and conditions hereof notwithstanding any acknowledgment or other form of Service Provider containing additional or contrary terms or conditions, unless Service Provider shall have expressly advised NovoWash to the contrary in a writing apart from the printed provisions of such form. In the event of a written request by Service Provider for additional or contrary terms or conditions, such modification may only be made in these terms and conditions by a written instrument signed by one of the Service Providers officers and accepted in writing by one of NovoWash’s duly authorized officers. Description of Services: Car Washing: The main objective of a car wash is to loosen and remove grime from your vehicle’s surface. A car wash involves chemical detergent, specialized brushes, and high-pressurized water to clear away dirt, salt, and mud. Service Providers utilize high-power brushes and cleaning solutions that leave your car shining. Mini Valet: This involves hand wash using wash and wax shampoo, leather off bodywork, clean wheels, rubber dress tires and mudflaps, vacuum carpets, and upholstery, remove any rubbish, polish windows inside and out, treat dashboard and door trims with a vinyl dressing. Standard Valet: The standard valet is a more detailed service of cleaning removing more of that grime that is built up in your car. The car will be washed and dried, then hoovered and brushed through paying attention to all vents and all the hard-to-reach places, the car is then polished and then hand waxed. This entails a thorough exterior wash and dries utilizing safe washing techniques, an interior vacuum, wipe down of the plastics and glass cleaned. Full Valet: This usually includes a deeper clean of the exterior and interior, as well as the application of a wax or sealant to the paintwork, and a tire and trim dressing to the exterior plastic and rubber. Full valets can sometimes take several hours to complete. Car Detailing: This keeps the vehicle in its best possible condition, especially cosmetic, as opposed to mechanical. This is achieved by removing both visible and invisible contaminants from the vehicle's interior and polishing the exterior to its original blemish-free finish. The most basic detail options include an exterior wash and wax, interior vacuuming, window cleaning and surface polishing. Detailing can sometimes take several hours to complete. Some service providers spend even longer. Car Polishing: This is the process of removing minor clear coat damage (scratches and swirl marks) using a polishing liquid to flatten the clear coat which increases the gloss-level. The polishing process can be performed by machine or by hand and should be followed by protecting the paint using a wax, sealant, or coating. Self Service and Roll in Bay car wash facilities: Services and scheduling rules may vary per individual established car wash facility. Customers are responsible to and must review available service and scheduling rule detailed descriptions when utilizing the app for these physical facility services. Privacy Policy: This Privacy Policy describes our policies and procedures on the collection, use and disclosure of your information when you use the service and tells you about your privacy rights and how the law protects you. We use your Personal data to provide and improve the service. By using the service, you agree to the collection and use of information in accordance with this Privacy Policy. Interpretation and Definitions: Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural. Definitions: For the purposes of this Privacy Policy: Account means a unique account created for you to access our service or parts of our service. Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority. Application means the software program provided by the Company downloaded by you on any electronic device, named NovoWash. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NovoWash. For the purpose of GDPR the Company is the Data Controller. Country refers to: United States of America. Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data. Device means any device that can access the service such as a computer, a cellphone, or a digital tablet. Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, Personal Data means any information relating to you such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity. Service refers to the Application. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the service, to provide the service on behalf of the Company, to perform services related to the service or to assist the Company in analyzing how the service is used. For the purpose of the GDPR, Service Providers are considered Data Processors. Usage Data refers to data collected automatically, either generated by the use of the service or from the service infrastructure itself (for example, the duration of a page visit). You means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable. Under GDPR (General Data Protection Regulation), you can be referred to as the Data Subject or as the User as you are the individual using the service. Collecting and Using your Personal Data: Types of Data Collected: Personal Data: While using Our Service, We may ask you to provide Us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to: - Email address - First name and last name - Phone number - Address, State, Province, ZIP/Postal code, City - Usage Data Usage Data: Usage Data is collected automatically when using the service. Usage Data may include information such as your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When you access the service by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our service or when you access the service by or through a mobile device. Use of your Personal Data: The Company may use Personal Data for the following purposes: To provide and maintain our Service: including monitoring the usage of our service. To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user. For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with Us through the Service. To contact you: To contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. To provide you: with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information. To manage your requests: To attend and manage your requests to Us. For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred. For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our service, products, services, marketing and your experience. We may share your personal information in the following situations: With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact you. For business transfers: We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company. With Affiliates: We may share your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us. With business partners: We may share your information with Our business partners to offer you certain products, services or promotions. With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. With your consent: We may disclose your personal information for any other purpose with your consent. Retention of your Personal Data: The Company will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods. Transfer of your Personal Data: Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information. Disclosure of your Personal Data: Business Transactions: If the Company is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy. Law enforcement: Under certain circumstances, the Company may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). Other legal requirements: The Company may disclose your Personal Data in the good faith belief that such action is necessary to: - Comply with a legal obligation - Protect and defend the rights or property of the Company - Prevent or investigate possible wrongdoing in connection with the Service - Protect the personal safety of Users of the Service or the public - Protect against legal liability Security of your Personal Data: The security of your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect your Personal Data, We cannot guarantee its absolute security. The Service Providers we use may have access to your Personal Data. These third-party vendors collect, store, use, process and transfer information about your activity on Our Service in accordance with their Privacy Policies. Payments: We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect your payment card details. That information is provided directly to Our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information. We charge a fee for our services and products. The commission, prices and fees associated with any product or service are subject to change without notification for users. All commissions, prices and fees will be presented upfront for all users. Apple Store In-App Payments: Their Privacy Policy can be viewed at https://www.apple.com/legal/privacy/en-ww/ Google Play In-App Payments: Their Privacy Policy can be viewed at https://www.google.com/policies/privacy/ Stripe: Their Privacy Policy can be viewed at https://stripe.com/us/privacy PayPal: Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full GDPR Privacy: Legal Basis for Processing Personal Data under GDPR: We may process Personal Data under the following conditions: Consent: You have given Your consent for processing Personal Data for one or more specific purposes. Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof. Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject. Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person. Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Your Rights under the GDPR: The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights. You have the right under this Privacy Policy, and by law if You are within the EU, to: Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You. Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected. Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes. Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it. Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You. Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service. Exercising of Your GDPR Data Protection Rights: You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible. You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the United States contact the Federal Communications Commission (FCC). If you are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA. Children's Privacy: Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information. Links to Other Websites: Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. Changes to this Privacy Policy: We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last Updated" date at the bottom of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page. Contact Us: If you have any questions about this Privacy Policy, you can contact us: By email: [email protected]. Code of Conduct: NovoWash’s reputation for integrity is built not only on the quality of the product and service provided, but also NovoWash’s employees and Service Providers history of honest, ethical, and fair relations with business partners and customers. As NovoWash continues to expand globally, Our commitment to integrity remains as strong as ever. Everyone at NovoWash including Customers and Service Providers share in the credit for making integrity a key component of the NovoWash culture and in the responsibility for upholding this commitment. If you suspect any violations of this code of conduct, contact [email protected]. As a global company Novowash’s Employees, Service Providers, and Customers must operate in a strict compliance with all laws and regulations applicable to our activities. In addition we must all adhere to the moral and ethical standards of the individual countries in which we do business. Unlawful discrimination in the hiring, promotion, compensation, or retention of employees is strictly prohibited. Abusive, harassing, or offensive conduct is not permitted, whether verbal or physical. Examples include unwelcome sexual advances and derogatory, ethnic, or racial, comments. Retaliation against any employee, Service Provider, or Customer for reporting discrimination or harassment will not be tolerated. NovoWash is committed to ensuring its work environments meet the highest standards in protecting the health and safety of employess, Service Providers and Customers. Each Service Provider has the responsibility for maintaining a healthy workplace by following health and safety rules and practices and be reporting accidents, injuries, and unsafe equipment, practices and conditions. Customers and Service Providers must immediately report any unsafe working practices or conditions. NovoWash prohibits the use, sale, possession, or being under the influence of alcohol, illegal drugs, or controlled substances by Service Providers. NovoWash take pride in industry leading environmental stewardship and sustainability. Service Providers and Customers are expected to report any suspected environmental concerns. Service Providers must act honestly and with integrity in all business dealings and deal fairly with all Customers. Favors, bribes, kickbacks as a condition to past, present or future business is strictly prohibited. It is everyone’s responsibility to ensure that all payments are necessary, lawful, and properly documented. Service Providers must not take unfair advantage of a business relationship through illegal conduct, deceit or any other unfair practice. NovoWash and Service Providers are required to comply with all applicable laws protecting fair competition. NovoWash employees and Service Providers shall not enter into any agreement, written or implied, with a competitor about pricing, costs, terms, markets, customers or any other matter that could impact competition. No one shall exchange information about pricing with a competitor. Any agreement with a competitor must be approved by an officer of NovoWash. Terms & Conditions – Business: NovoWash Service Provider Terms and Conditions: IMPORTANT: THESE TERMS AND CONDITIONS (“Conditions”) DEFINE THE BASIS UPON WHICH NOVOWASH WILL PROVIDE YOU WITH ACCESS TO THE NOVOWASH MOBILE APPLICATION PLATFORM, PURSUANT TO WHICH YOU WILL BE ABLE TO PROVIDE CERTAIN SERVICES TO CUSTOMERS ON RECEIPT OF ORDERS MADE THROUGH NOVOWASH’S MOBILE APPLICATION PLATFORM. THESE CONDITIONS (TOGETHER WITH THE DOCUMENTS REFERRED TO HEREIN) SET OUT THE TERMS OF USE ON WHICH YOU MAY, AS A SERVICE PROVIDER, USE THE APP AND PROVIDE THE SERVICES. BY USING THE APP, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE WHICH APPLY, AMONG OTHER THINGS, TO ALL SERVICES HEREINUNDER TO BE RENDERED TO OR BY YOU VIA THE APP WITHIN THE US AND THAT YOU AGREE TO ABIDE BY THEM. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE APP AND/OR PROVIDE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE APP OR PROVIDE THE SERVICES. 1. DEFINITIONS AND INTERPRETATION: 1.1 In these Conditions (unless the context otherwise requires), the following words and phrases shall have the following meanings: “App” means the mobile application which provides a platform for access to the Services and is owned by NovoWash; “Applicable Law” means all laws and regulations applicable in the state of Colorado; “Collection Location” means the locations as notified via the App, from which the Customers are to be serviced “Customers” means the customers identified via the App who wish to engage Services; “Customer Personal Data” means Personal Data of the Customer which is processed by either party in connection with these Conditions; “Data Protection Laws” means the General Data Protection Regulation (in so far as it is applicable in the US) and the Data Protection Act 2018 together with all legislation made thereunder and any other relevant laws relating to the processing of Personal Data, in each case as amended, superseded or replaced from time to time; “Service Location” means the location notified by the Customer using the App, which will be the destination of the Services; “Service Provider” means a person who is an independent service provider and/or operator who has accepted these Conditions with NovoWash to provide services to Customers who place Orders in the App, as an independent contractor working on his or her own account; “Service Provider Account” means the Service Provider’s account with NovoWash which contains the Service Provider’s personal information including their name, address, date of birth, licensing and insurance information. “Fees” means the fees payable to the Service Provider for the as set out in Condition 5 which is separate to any additional fees which NovoWash may pay at its sole discretion; “NovoWash” means the business including the App operating from Chestnut Lodge The Pathway Radlett Herts WD7 8JB “Insurance” means commercial, employment and / or public liability insurance or such other insurance as may be mandated from time to time; “Intellectual Property Rights” means any and all patents, trademarks and service marks, registered designs, design rights and copyright, moral rights, rights in data and databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know how, trade and business names, domain names, get ups, logos and trade dress (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and application for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world; “Order” means a request for Services by a Customer via the App; “Personal Data” has the meaning set out in the Data Protection Law; “Privacy Policy” means NovoWash’s privacy policy which is available on the NovoWash app or by clicking here; “Service Fee” means the total fee payable by the Customer for each Order; “Services” means the platform, through the App or otherwise, which connects Customers and Service Providers for the performance of Services in accordance with Orders; “Service Commission” means the commission payment payable by the Service Provider to NovoWash for the Services, being 12.4% of the Service Fee (which shall include value added tax where applicable), or such other commission amount as NovoWash may notify the Service Provider from time to time; “Week” means Monday to Sunday (inclusive). 1.2 In these Conditions (unless the context requires otherwise): 1.2.1 the words “including”, “include”, or “in particular” means including, includes or in particular without limitation and words in the singular include the plural and in the plural shall include the singular; 1.2.2 references to “you” and “your” shall be construed as references to the Service Provider. References to “us” and “we” shall mean NovoWash; 1.2.3 reference to a party shall, upon any assignment or other transfer that is permitted by these Conditions, be construed to include those successors and permitted assigns or transferees; 1.2.4 the contents list, headings, and any descriptive notes are for ease of reference only and shall not affect the construction or interpretation of these Conditions; and 1.2.5 reference to any legislative provision shall be deemed to include any statutory instrument, bylaw, regulation, rule, subordinate or delegated legislation or order and any rules and regulations which are made under it, and any subsequent reenactment or amendment of the same. 2. SERVICES: 2.0 NovoWash prohibits car cleaners using the App for just advertisement purposes only. Accepting bookings external to the NovoWash marketplace from advertising your business on here will be removed. This is the same for after completing your first booking through being connected to a customer on the App. NovoWash strives to help car cleaners, and we expect car cleaners to respect the rules. 2.1 The App provides a means to enable Customers who seek services to be connected with Service Providers. NovoWash does not provide services, rather we are a technological service provider that uses an electronic platform to provide the Services. 2.2 You will need to provide your own mobile device in order to download the App and will be responsible for all costs associated with such mobile device including, without limitation, any data or call charges. 2.3 You are free to use the App at any time and no minimum or maximum periods of use are applied save that you must ensure that you comply with any regulatory and insurance requirements imposed on you as a provider of the Services. Service Providers may be offered additional payments or priority status in connection with their level of usage. 2.4 Notwithstanding the provisions of Condition 2.1, NovoWash does not guarantee availability nor uninterrupted or error free use of the App and shall not be liable for any damage, loss, claims, costs or expenses resulting from or as a consequence of scheduled or unscheduled downtime, unavailability or slowness. 2.5 Nothing contained in these Conditions shall be construed or have effect as constituting any relationship of employer and employee between NovoWash and the Service Provider. Service Providers will at all times be independent contractors of Services. 2.6 Nothing in these Conditions shall constitute the Service Provider acting as an agent of NovoWash. The Service Provider shall not have any right or power whatsoever to contract on behalf of NovoWash or bind NovoWash in any way in relation to third parties unless specifically authorized to do so. Only in respect of Condition 5.2, is NovoWash acting as a commercial agent of the Service Provider and only for the purposes of U.S. and U.K. payment services regulations. 2.7 After completion of service, all payments to car cleaners will be completed by the end of the working day. Please be aware, car cleans completed after 5pm will be paid the following business day. Cars cleaned after 5pm on Fridays or during the weekend will receive payment the following Monday. 3. PROVIDING SERVICES: 3.1 You shall be solely responsible for (i) determining the most effective, efficient and safe manner to perform each Order, and (ii) any damage caused to Customers property during the provision of the Services. As an independent contractor in business on your own account, you shall be responsible for furnishing at your own expense any necessary equipment, tools and materials unless otherwise noted herein. 3.3 You acknowledge and agree that you will be responsible for making your own decision as to the accuracy and suitability of a Customer and as to whether you will accept or decline to provide them with Services. If you provide Services to someone who is not a customer or is not the Customer identified via the App for you to provide Services to, you agree that you will not be paid for these Services. Further, you will not be paid (other than directly by a customer) for any Services you provide to a Customer once you have completed the service in the App and any further services you provide to a Customer are at your own risk. 4. SERVICE PROVIDER REQUIREMENTS: 4.1 In order to provide the Services, you must: 4.1.2 have valid Insurance that covers all the services you provide to customers; 4.1.4 have a clean and well maintained equipment for the provision of Services; 4.1.5 have antivirus software installed and maintained on your device which will provide appropriate security against unauthorised access to Customer Personal Data; 4.1.6 abide by the terms of any contractor standards issued by NovoWash from time to time; and 4.1.7 not download any software or other applications which may interfere with or modify the App or its operation. 4.1.8 agree to upload images of completed work of a booking 4.1.9 agree that ratings and reviews provided by users on the App be published on the App 4.1.10 make best endeavours to arrive on time and ensure that customers are made aware of any change in arrangements, bookings or delay in arrival. 4.1.11 Service providers must not entice existing App customers to book future services outside of the App 4.1.12 Ensure that customers are satisfied with the quality of work undertaken and maximise the positive feedback provided by customers on the App. Any matters brought to the attention of the service providers at the time of the work must be dealt with at the time it is brought to the attention of the service provider together the “Minimum Requirements”. You must notify NovoWash immediately if you do not have any of the Minimum Requirements and you must cease to provide the Services immediately. 4.2 You warrant that you will provide the Services in full conformity to the Minimum Requirements and shall not do anything in contravention of these requirements and/or which may threaten the validity of, or limit the cover provided by, such Minimum Requirements. You shall indemnify NovoWash, NovoWash’s service users and Customers against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of, or in connection with, a breach by you of this Condition 4.2. 4.3 NovoWash reserves the right to give priority to Service Providers that have better operational performance, and to exclude (temporarily or permanently) Service Providers that do not meet the Minimum Requirements and any other operational threshold set by NovoWash in the future. You agree that you will maintain the Minimum Acceptance Rate. If you accept an Order from a Customer and you do not wish to provide Services to that Customer again, you may rate that Customer in such a manner that the Customer will not be permitted to receive the Services from you again. 4.4 At all times when providing the Services, you acknowledge and warrant that you will comply with the requirements of the Equality Act 2010 (as amended) and any other Applicable Law. 4.5 If, during the provision of the Services, you are involved in an accident or you are involved in any incident involving a Customer, you must immediately notify NovoWash by contacting our customer service centre on the number provided in the App. 4.6 You shall indemnify NovoWash, NovoWash’s service users and Customers against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, damage to customers or any other 3rd party’s Property, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred arising out of your undertaking of orders provided through the App. 5. FEES AND PROMOTIONS: 5.1 In consideration of the Services, you are required to pay NovoWash the Service Commission. As part of the Services, NovoWash will endeavor to collect all the Service Fees from the Customer on behalf of Service Providers. NovoWash may also levy charges on the Customer for the Services. From time to time NovoWash may offer you additional payments at its sole discretion, however such payments will not be for Services. You agree and appoint NovoWash to be commercial agent solely of the Service Provider in collecting all Service Fees and distributing the Service Fees to Service Providers in respect of the U.S. and U.K. payment services regulations. 5.4 If a Customer fails to pay, challenges or otherwise disputes the accuracy of the Services or the charges levied in respect of the same, NovoWash may withhold payment of the Fees in respect of that Order or, if the Fees have already been paid to the Service Provider, may deduct an amount equivalent to the disputed Fees from the next Service Providers Statement payment. NovoWash will investigate the Customer dispute and it’s decision on payment of such disputed Fees shall be final. For the avoidance of any doubt, NovoWash shall not be required to make payment of the Fees to the Service Provider if the Customer fails to pay the Fees due. 5.5 Subject to Condition 5.4, NovoWash will pay you the Fees less the Services Commission in arrears in accordance with the Service Statement. NovoWash will endeavor to process all payments to you within a week (subject to any disputes) of the date of the issue of the Service Statement. For the avoidance of doubt this means that if for example you perform Services on a Monday, you will not be paid for those services until after the Service Statement has been issued (and in the case of dispute, where agreed) during the following Week. 5.6 From time to time NovoWash may run promotions which will offer Service Providers or Customers discounts or additional fees for using the Services. NovoWash will notify you of offers that you are eligible to accept from time and any additional promotional terms and conditions. Where a promotion offers Service Providers a bonus for completing a set numbers of Orders, you must not do anything in fulfilment of this promotion which may be deemed fraudulent. All Orders must involve the provision of bona fide Services to Customers and you must not create any fake or fictitious Customer profiles in order to qualify for any bonus payment. To achieve a promotional bonus, all Orders completed must be for the provision of Services to independent third parties and must not relate to Services to family members, friends or people known to you. NovoWash reserves the right to report any fraudulent activities to relevant law enforcement authorities. 5.7 Where it is reasonably considered by NovoWash that you have acted in a manner that is otherwise than in accordance with Condition 5.6 above, NovoWash will notify you and, at its sole discretion, may withhold or deduct any bonus payment from the Fees paid to you and/or suspend or terminate your access to the App. If you receive such a notification and you believe that you have not breached the requirements of Condition 5.5, you can dispute this decision by writing to [email protected] within 48 hours of receipt of such notification and providing full reasons for your dispute. NovoWash will consider your representations and will notify you of the outcome of its decision (which shall be final). 5.8 Any price of 'car washing' or 'car valeting' services which are extortionate will be removed off the App. However, 'car detailing' and 'car polishing' services will remain higher service charges but please be mindful to customers with this. 5.9 Your business profile will only show customers' your 'first name' and 'last name'. As we do not employ any businesses, we only must represent the names of individuals. 6. DATA AND DATA PRIVACY: 6.1 By downloading and/or using the App you consent to NovoWash processing your Personal Data. NovoWash will process your Personal Data for purposes connected with the Services. NovoWash requires you to submit a legal document of your ID for verification and security purposes such as preventing fraudulent activities. This information is securely stored. If any errors occur, one of the members of the team from NovoWash will contact you from using the 'Contact Us' page to explain how we can solve any error. From time to time, NovoWash may process your Personal Data in order to notify you of opportunities connected with the Services either directly or by an affiliate of NovoWash. When processing your Personal Data, NovoWash will take appropriate technological measures to protect and keep your Personal Data secure and shall process your information in accordance with Data Protection Laws. Your Personal Data may be processed outside of the EEA. 6.2 In order to allow you to provide the Services, Customer Personal Data may be transferred to you by NovoWash. You must keep this Customer Personal Data safe and secure at all times and not allow access to any third parties to such information. You must not store any Customer Personal Data on your mobile device or any other mobile telephone (other than on the App) or otherwise process any Customer Personal Data unless the Customer provides you with express permission to do so. 6.3 In order to allow NovoWash to provide the Services, NovoWash will provide Customers with your information so that the Customer can identify you as the provider of Services. NovoWash shall provide Customers with your name, vehicle details including registration number, telephone number and such other details in your Service Account which may help the Customer to identify you and you confirm that you give your permission for NovoWash to transfer this information to the Customer. 6.4 We also process your Personal Data in accordance with NovoWash’s Privacy Policy, please ensure that you read this document before using the App. By using the App, you acknowledge and confirm that you have understood the use of your Personal Data set out in the Privacy Policy. 6.5 You confirm that at all times when accessing the Services and Customer Personal Data, you will: 6.5.1 comply with all Data Protection Laws; 6.5.2 not knowingly or recklessly do anything which would put NovoWash in breach of its obligations under Data Protection Laws; and 6.5.3 indemnify NovoWash in full for any losses which it incurs as a result of a breach by you of this Condition 6. 6.6 You must: 6.6.1 notify us immediately if you become aware of any Customer Personal Data Breach; 6.6.2 provide all information relating to the Customer Personal Data Breach which is in your possession; and 6.7 NovoWash does not guarantee that the App will be secure or free from bugs or viruses. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, device or database connected to the App. You must not attack the App via a denial of service attack or a distributed denial of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990. NovoWash will report any such breach to the relevant law enforcement authorities and NovoWash will co operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately. 6.8 The App may include links to other websites, apps or material which is beyond NovoWash’s control and which are owned and controlled by third parties. NovoWash is not responsible for the content on these links, the internet or World Wide Web pages or any other site or app outside the App. Where the App contain links to other sites or apps or materials provided by third parties, these links are provided for your information only. These links are provided as a courtesy to NovoWash’s users and are not administered or verified in any way by NovoWash. Such links are accessed by you at your own risk and NovoWash makes no representations or warranties about the content of such websites or apps and cannot be held liable for the content and activities of these websites or any losses you suffer as a result of using such third party websites. NovoWash may provide links to third party websites or apps that use cookies on users to collect data and/or to solicit personal information. As a result, NovoWash strongly recommends that you read the privacy policies and terms of use of any third party websites or apps prior to using them. 6.9 Electronic Communications When you sign up on the App or send us emails or use pop-ups or make calls, you may be communicating with NovoWash electronically. NovoWash will communicate with you by email, pop-up, phone, text or by posting notices on the NovoWash website. You agree that all agreements, notices, disclosures and other communications sent to you electronically satisfy any legal requirement that such communications should be in writing. 7. SUSPENSION OR MODIFICATION: NovoWash reserves the right, at its sole discretion, to change, alter, suspend or indefinitely close the App and/or your access to the Services. From time to time, NovoWash may also restrict access to some or all parts of the Services and/or the App. 8. NOVOWASH’S LIABILITY: 8.1 Nothing in these Conditions excludes or limits NovoWash’s liability for death or personal injury arising from NovoWash’s negligence, or its fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by U.S. and English law. 8.2 The material displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. You must bear the risks associated with the use of the App, the Services and the internet. 8.3 To the fullest extent permitted by law, NovoWash (including its officers, directors and employees) and third parties (including any agents or sub contractors) connected to it hereby expressly exclude: 8.3.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity in it provision of the Services and/or use of the App; and 8.3.2 any liability arising under or in connection with: 8.3.2.1 use of, or inability to use, the App and/or Services; 8.3.2.2 use of or reliance on any content displayed on the App; 8.3.2.3 incompatibility of the App with any of your electronic and/or mobile equipment, devices, software or telecommunications links; and 8.3.2.4 unsuitability, unreliability or inaccuracy of the App and/or the Services. 8.4 To the fullest extent permitted by law you acknowledge and agree that NovoWash will not be liable to you or any third party for any indirect or consequential losses or for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management and/or office time, however arising and whether caused by tort (including negligence), breach of contract or otherwise, (even if foreseeable) resulting from your use of the App and/or Services. 8.5 NovoWash will not be liable for any loss or damage caused by a virus, distributed denial of service attack, or other technologically harmful material that may infect your electronic and/or mobile equipment, computer programs, data or other proprietary material due to your use of the App and/or the Services or to your downloading of any content on it, or on any website linked to it. 8.6 NovoWash shall not be in breach of these Conditions nor liable for any delay in performing, or failure to perform, any of its obligations under these Conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control. 8.7 Subject to the remainder of this Condition 8, NovoWash’s total liability to you in connection with these Conditions and the Services, however arising whether caused by tort (including negligence), breach of contract or otherwise, shall be limited to the Fees payable to you in relation to the Order in which the liability arose. 9. INDEMNIFICATION: By accepting these Terms and Conditions you agree to defend, indemnify (compensate) and hold NovoWash, its affiliates, its customers, its licensors, and each of their officers, directors, other users, employees, attorneys and agents, harmless from all and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees) arising out of or in connection with: 9.1 your violation or breach of these Terms and Conditions or any Applicable Law or regulation, whether or not referenced herein; 9.2 your violation or breach of any rights of any third party, including Customers and/or other Service Providers; or 9.3 your use or misuse of the App and/or Services. Save for the indemnities contained within Terms and Conditions 4.2 and 9.2, rights under these Conditions only accrue to a person who is party to these Terms and Conditions and accordingly a person who is not a party to these Terms and Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 10. TERMINATION: 10.1 These Terms and Conditions shall exist for an indefinite period of time. However, you may terminate your agreement with us at any time by permanently deleting the App installed on any device and deactivating your account. 10.2 NovoWash is entitled to terminate its provision of the Services to you or your license to use the App with immediate effect, by disabling your account or otherwise preventing you from accessing or using the App at its sole discretion. 11. VARIATIONS 11.1 NovoWash reserves the right, in its sole discretion, to vary these Terms and Conditions at any time. It is your responsibility to check the terms and conditions available in the App and/or Service Provider portal in order ensure that you agree to the latest version before you accept each new Order. The date of the most recent revisions will appear at the bottom of this page. NovoWash shall not be required to provide you with any notification of any updates to its terms and conditions and you agree that it is your sole responsibility to check for any updates prior to the acceptance of each Order. 11.2 If there is any inconsistency between NovoWash’s Privacy Policy and these Terms and Conditions, the Privacy Policy shall prevail. 12. ASSIGNMENT: Your Service Provider Account and the Services are personal to you, and therefore you may not assign, sub license or transfer in any other way your rights and obligations under these Terms and Conditions of use to any third party. However, if necessary, NovoWash may freely assign its rights and obligations without your consent and without the need to notify you before assigning them. 13. INVALIDITY: If any part of these Terms and Conditions are disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply to the maximum extent permitted by law. 14. THIRD PARTY RIGHTS: Save for the indemnities contained within Conditions 4.2 and 9.2, rights under these Conditions only accrue to a person who is party to these Conditions and accordingly a person who is not a party to these Conditions shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its Conditions, but this does not affect any right or remedy of a third party which exists or is available apart from that Act. 15. WAIVER: No failure or delay by NovoWash to exercise any right or remedy provided in these Terms and Conditions or by law shall constitute a waiver of that or any right or remedy, nor shall it preclude or restrict the further exercise of that or any right or remedy. No single or partial exercise of such remedy shall preclude or restrict the further exercise of that or any other right or remedy. 16. PARTNERSHIP AND JOINT VENTURE: Nothing contained in these Terms and Conditions shall constitute a partnership or joint venture between the Service Provider and NovoWash. 17. YOUR CONCERNS: If you have any concerns about material which appears on the Site and/or the App, please contact us at [email protected]. 18. JURISDICTION AND APPLICABLE LAW: These Conditions, and any non-contractual obligations arising out of them, are governed and construed in accordance with the law of the state of Colorado and any proceedings resulting out of these terms of use, and any non-contractual obligations arising out of them, the Privacy Policy, Services and/or the use of the App shall be held in the Courts of the state of Colorado. 19. CHILD LABOR: This section defines NovoWash’s policy on the use and prevention of child labor at Service Providers. This policy also outlines the practices/routines used to respond to child labor in the event that it occurs. Policy: NovoWash does not take part in, accept or use child labor. NovoWash does not permit the use of child labor by any Service Provider that does business with or on behalf of the Company. NovoWash supports the United Nations (U.N.) Convention on the Rights of the Child (1989) and adheres to these international laws and all United States of America’s national laws on the prevention of child labor. NovoWash has a strict policy on young workers ages 15-17. NovoWash will ensure that young workers are treated according to the law, and requires that its Service Providers ensure that young workers are treated according to the law; this includes measures to avoid hazardous jobs, night shifts and ensuring minimum wages. Limits for working hours and overtime will be set with special consideration to the workers’ age. Prevention of Child Labor: Upon onboarding of a new Service Provider, valid, government issued photo ID is required to be presented at the beginning of onboarding by the Service Provider. The photo ID must have the birth date of the person clearly stated and be legible. A photocopy of the ID will be obtained by NovoWash. An electronic copy of the ID will be kept on file for the Service Provider. NovoWash does not do business with or hire services of any Service Providers or contractors that use child labor (workers under the age of 15). Service Providers will acknowledge receipt and compliance with NovoWash’s policy on Child Labor. Response to Child Labor: In the event child labor is discovered within the Service Provider, employment of the child shall cease immediately, and the Service Provider shall conduct an investigation as to the circumstances and report back in writing to NovoWash. In addition, Service Providers shall make a reasonable effort to ensure that the child’s overall wellbeing and safety will be taken into account while the situation is mitigated. In the event that a Service Provider uses child labor while engaged in services for or on behalf of the Company, cessation of business with the contractor may occur. Service Provider will be notified immediately upon discovery and agreements for business between the Service Provider and NovoWash might be void and that further business may not continue at the discretion of NovoWash. Notification requirements: Upon discovery of child labor issues, proper notification must be sent immediately to [email protected] to advise Us of actions taken deal with the situation. Federal, State, and Local Laws: Service Providers shall, at all times, comply with applicable federal, state and local laws. Some variations to these guidelines may apply based on applicable statutes. 20. COMPLIANCE WITH LAWS: 20.1 Service Provider shall comply with all applicable national, state, provincial, and local laws, ordinances, rules, and regulations, including but not limited to those relating to: (a) pollution control such as the Clean Air Act, (42 U.S.C. 7401, et seq. and the Clean Water Act 33 U.S.C. 1251 et seq.); waste disposal, such as the Resource Conservation and Recover Act, 42 U.S.C. 6901, et seq.; hazardous substances such as the Toxic Substances Control Act, 15 U.S.C. 2601, et seq., and the European Union law and regulations on the Directive on Restrictions on Use of Hazardous Substances in Electrical Electronic Equipment (Directive 2002/95/EC); occupational health and safety, such as the Occupational Safety and Health Act, 29 U.S.C. 651 et. seq., and any other national, state, provincial, and local laws, ordinances, rules, and regulations dealing with protection of the environment, health and safety; (b) employment practices and child labor such as Sections 6, 7 and 12 of the Fair Labor Standards Act of 1938 (“FLSA”), as amended (29 U.S.C. §§ 201-219) and of regulations and orders of the United States Department of Labor issued under Section 14 thereof. Section 12(a) and Section 15(a) (1) of the FLSA and the Walsh-Healy Public Contracts Act (41 U.S.C. §§ 6501-6511) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701 et seq.), and any amendments thereto, as well as with the provisions of any other laws with respect to labor relations, minimum wages and hours of employment, now in effect or hereafter enacted. Service Provider also agrees to fully comply with the provisions of Executive Order 13496; (c) Equal Employment Opportunity including, without limitation: the Equal Employment Opportunity provisions set forth in section 21.3 of this Agreement, 48 CFR Section 52.222-35 (Equal Opportunity for Veterans), and 48 CFR Section 52.222-36 (Equal Opportunity for Workers with Disabilities), as amended, which prohibit discrimination on the basis of race, color, religion, sex, national origin, disability or protected veteran status; 41 C.F.R. § 109-40.110-2 (E.O. 12432 (Minority Business Enterprises)); 29 CFR Part 471, Appendix A to Subpart A (E.O. 13496 (Notification of Employee Rights Under Federal Labor Laws)); and other similar federal or state laws or regulations; (d) Data Privacy meaning laws relating to data privacy, trans-border data flow or data protection, including, without limitation, the Health Insurance portability and Accountability Act of 1996 (“HIPAA”) and the implementing legislation and regulations of the European Union member states under the European Union Directive 95/46/EC; (e) Providing, attempting to provide, or offering to provide any kickback (as defined in the Anti-Kickback Act of 1986 (41 U.S.C. § 8701, et seq.), the Foreign Corrupt Practices Act of 1977 (as amended, 15 U.S.C. 78dd-1, et seq.), 15 U.S.C. other statutes, 18 U.S.C. § 1341, 1343, the Travel Act (18 U.S.C. § 1952) or any other applicable national, state or local laws which provides for federal prosecution of violations regarding kickbacks or commercial bribery); and; 20.2 Service Provider warrants that: (a) the Deliverables meet or exceed the applicable standards imposed by the Consumer Products Safety Act (15 U.S.C.A. § 2015); (b) the Deliverables meet or exceed the safety and health standards established and promulgated under the Federal Occupational Safety and Health Act (29 U.S.C. 651 et seq.); (c) Service Provider has fully complied with the Equal Pay Act (29 U.S.C.A. § 206) and applicable provisions of the FLSA as amended; (d) Service Provider has complied with all laws, ordinances, rules, and regulations designating certain parties as “denied”, “restricted” or similarly ineligible to do business with U.S. entities. Service Provider shall notify NovoWash promptly if Service Provider is: (i) suspended, debarred, or proposed for suspension or debarment from doing business with the U.S. Government, or (ii) listed or is proposed to be listed by the U.S. Government in any "denial orders," as a "blocked person,” as a "specially designated national,” or as a "specially designated terrorist" for U.S. export administration purposes (collectively, “Debarment”). Service Provider shall indemnify and hold NovoWash harmless against any loss or damage suffered by NovoWash as a result of Service Provider’s Debarment, and (e) this Agreement does not violate any laws or regulations of the territories where Service Provider conducts business or will perform this Agreement. 20.3 Equal Employment Opportunity: NovoWash may be at times a federal contractor that will comply fully with Executive Order 11246, as amended by Executed Order 13562, and the applicable regulations contained in 41 CFR Parts 60-1 through 60-50; 29 U.S.C. Section 793 (Section 503 of the Rehabilitation Act) and the applicable regulations contained in 41 CFR Part 60-741; and 38 U.S.C. Section 4212 (Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)) and the applicable regulations contained in 41 CFR Part 60-300. The following provisions are incorporated into this Agreement by reference: (a) Executive Order 11246, as amended by Executed Order 13672, and the Equal Employment Opportunity clause, section 60-1.4(a) of 41 CFR, concerning equal opportunity obligations of federal contractors and subcontractors; (b) Executive Orders 11701 and 11893, and the Affirmative Action clauses, sections 60-300.5(a) and 60-741.5(a) of 41 CFR, concerning affirmative action obligations for protected veterans and workers with disabilities of federal contractors and subcontractors. This contractor [NovoWash] and subcontractor [Service Provider] shall abide by the requirements of 41 CFR 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals on the basis of protected veteran status or disability, and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities; (c) U.S. immigration laws; and (d) Executive Order 13496 and the Employee Notice clause, section 471.2(b) and Appendix A to Subpart A of Part 471 of 29 CFR, regarding notification of employee rights under federal labor law. 21. INSURANCE: 22.1 Service Providers shall be insured against all risks and liabilities to which the Service Provider is or may become subject associated with or related to this Agreement. The Service Provider shall notify its insurers of all insurance claims as soon as reasonably practicable after the relevant loss or damage. 22.2 Without limiting Service Providers duty to defend, hold harmless and indemnify hereunder, Service Provider agrees to secure and carry as a minimum during the entire term of this Agreement, the following insurance: (a) Workers' Compensation Insurance, inclusive of an alternate employer endorsement, in an amount sufficient by virtue of the laws of the U.S., foreign country, state, or other governmental subdivision in which the work or any portion of the work is performed and Employer's Liability Insurance in the amount of $1,000,000 for any one occurrence; (b) Commercial General Liability Insurance written on an occurrence basis with limits equal to: General-Aggregate: $1,000,000 Personal Injury: $1,000,000; and Each Occurrence: $1,000,000, including coverage for the US, Canada as well as other countries in which the Services will be accomplished. Service Provider will accept and defend suits in the aforementioned jurisdictions including arbitration (if applicable); coverage will be for claims sounding in negligence and/or the strict liability caused by an alleged service or product defect for both bodily and property injury. (c) If Service Providers vehicles are used on Customers premises and/or used to accomplish work under this Agreement or otherwise on behalf of Customer, Automobile Liability Insurance in which the limit of liability for property damage and bodily injuries, including accidental death, shall be a combined single limit of $1,000,000 for any one occurrence; (d) If Service Providers materials or equipment in its care, custody or control, Service Provider shall maintain All Risk Property Insurance in an amount sufficient to meet or exceed the replacement value of such material; and (e), Service Provider shall maintain Professional Liability and Errors and Omissions Insurance with a limit of not less than $1,000,000, 22.4 The insurance coverage’s described above shall be in a form satisfactory to NovoWash, and shall contain a provision prohibiting cancellation except upon at least ten (10) days' prior notice to NovoWash. All such insurance policies will be primary in the event of a loss arising out of Service Providers performance of work and shall provide that where there is more than one insured the policy will operate, except for the limits of liability, as if there were a separate policy covering each insured and shall operate without right of contribution from any other insurance carrier by NovoWash. Certified copies of said policies or certificates evidencing such insurance and endorsements naming NovoWash as an additional insured or, in the case of All Risk Property Insurance, naming Service Provider and NovoWash as loss payees, shall be available before commencement of any work hereunder, and within a reasonable time after any renewals or changes to such policies are issued. To the extent permitted by law, Service Provider and its insurer(s) agree that subrogation rights against NovoWash are hereby waived. Service Provider shall reflect such waiver in any policy(ies) required under this Agreement and shall advise the amount of available policy limits as of execution of this Agreement and shall identify the amounts of any self-insured retention. 22. ENTIRE AGREEMENT This document shall be deemed to contain the entire agreement between Service Provider and NovoWash to constitute the complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral agreements or negotiations with respect to such terms as are included herein or are the subject matter hereof being merged herein. By way of illustration and not limitation. Service Providers acceptance shall be deemed to incorporate, without exception, all the terms and conditions hereof notwithstanding any acknowledgment or other form of Service Provider containing additional or contrary terms or conditions, unless Service Provider shall have expressly advised NovoWash to the contrary in a writing apart from the printed provisions of such form. In the event of a written request by Service Provider for additional or contrary terms or conditions, such modification may only be made in these terms and conditions by a written instrument signed by one of the Service Providers officers and accepted in writing by one of NovoWash’s duly authorized officers.