Latest updated: 23.03.2022
1. General
Developer and owner of the Swash service is Swash AS.
Organization number: 925 924 164
Address: Sandviksveien 110, 5035 Bergen.
Email address: hei@swash.no
The Swash ordering system is an online ordering service provided by Swash AS that customers can use to order services offered by third parties. To use this service, you must be over 18 years old and accept these terms and conditions.
2. This is how the service works
The Swash service facilitates online orders for both customers and sellers.
Swash does not sell or market the services ordered through the Swash service. The sellers sell and market their own services using the Swash service. Swash only serves as an ordering service for the seller's services. If the service in question is paid for through the Swash service, Swash also acts as a payment intermediary.
These terms only apply to the connection between customer and Swash.
Swash does not commit to the sellers' terms and conditions. When you order services via the Swash service, you undertake to manage the ordered service yourself.
In addition, you are obligated to follow these terms as well as the seller's terms.
Payments are mediated through Dintero. Swash forwards the payment received to the seller who offers the service.
Swash is not responsible for the services provided by the seller or for the content, quality, warranty or other terms of the service. Complaints and inquiries regarding the service you have ordered through the Swash service must be sent directly to the seller.
The responsibilities of the Swash service are described in more detail below. If you have given your consent, both the seller and Swash can send you marketing messages related to their services. With regard to the seller's activities, it is the seller who acts as the person responsible for the personal data and ensures that the Privacy Act is complied with. The privacy practices are described in more detail below. Swash reserves the right to change the Swash service at any time.
3. Right to use the service and the purpose of the service
You give your consent to use the Swash service only for the purpose for which the Swash service is intended. Use of the Swash service for illegal or competitive purposes is strictly prohibited. Swash reserves the right to intervene in the event of violations.
You agree to use the Swash service by providing only the correct and specific information. Swash has the right to delete your information or block your access to the Swash service if we suspect a breach of the terms or illegal activity, or if Swash has to fulfill its legal obligations or acts at the request of a public authority.
The Swash service's property rights and all intellectual property rights belong to Swash or its contracting parties.
4. Terms and conditions for recruitment codes and promotion codes
Recruitment and promotion codes are limited to one code per person. It is strictly forbidden to create several accounts for one person for the purpose of misusing recruitment and promotion codes.
5. Privacy Policy
By using the Swash service, you also accept Swash's privacy practices. For more detailed description of Swash's privacy practices, see Swash's privacy policy. You undertake to follow the guidelines described in Swash's privacy policy and the following practices:
1. When you register or use the Swash service, you agree that your personal information will be transferred to Swash.
2. The personal information you provide in the Swash service considering your order is also transferred to the seller. The seller is responsible for how the personal information is used and acts as registration manager.
3. Swash has the right to use all information created regarding the use of the Swash service for the following purposes: maintain the functionality of the Swash service, correct any error situations, develop and change the Swash services as well as fulfill its obligations and execute its rights in accordance with the terms (for example, to contact you if an error situation occurs). If you have given your consent to this, Swash also has the right to use your information for marketing purposes.
4. In addition, Swash has the right to use the anonymous information created using the Swash service, for marketing and to develop Swash's business operations. Swash can use the information in the Swash service, among other things, to create statistics about the orders made via the Swash service, as well as about customers and other information that does not reveal your identity.
The rights and obligations that regulate the use of personal data will apply in accordance with the law, even after the use of the Swash service or the provision of the seller's service has ceased.
6. Swash and your responsibility
Swash is not responsible for the products or services that you order through the Swash service. It is the seller who offers the products and services to you in his own name and at his own expense.
Swash has no liability for direct or indirect damages and inconveniences due to the use of the Swash service or the sellers' services. You are personally responsible for any damages and inconvenience that the use of the Swash service has caused you. You bear full responsibility for any damages and inconvenience caused to Swash, the seller and other relevant third parties.
The Swash service is being actively developed and Swash tries to build the service in a way that ensures good information security. Since this is an online service, we point out that Swash offers the Swash service as it is. Swash cannot guarantee that the Swash service is available without interruption or that it is error-free, nor that all information and all material contained in the Swash service is free of malicious programs and other inconveniences.
It is possible to register in the Swash service via. a service or interface provided by a third party (e.g. Facebook). Swash service sites may contain hyperlinks to sites not maintained by Swash.
Swash does not monitor third party websites and is not responsible for the content, use or terms and conditions that apply to those websites. The fact that the Swash service offers links to these websites does not mean that Swash approves the content on these websites, or that Swash monitors the content.
7. Subscription
For subscriptions, the first transaction will be carried out when the purchase has been made in the app or online. The subscription agreement will be automatically renewed, and the card will be charged again after 30 days. Swash relates to the date when subscription was established and charged for the first time, so that the charge date will be the same during the subscription period.
Monthly subscriptions will be renewed automatically, except when the customer cancel the service within 3 days before the expiration of the subscription. If the customer changes car, the customer must remove the old car from the app and enter a new registration number.
If there is a downtime in the carwash system, or if the carwash machine has to carry out maintenance, the customer cannot demand a discount or refund of the purchased monthly subscription.
The customer cannot cancel their monthly subscription in the app or online. Current month will not be refunded. After the agreement has been terminated, the customer is free to use his/her subscription until the expiry date. If a customer deletes their customer data from the app, the monthly subscription will be canceled, and the customer will not be able to wash their car from the time customer data is deleted.
A monthly subscription is linked to the car, and the registration number the customer provides when entering a contract.
The owner of the carwash facility can cancel the monthly subscription at any time if:-Subscription is not paid
- The car is not suitable for carwash facility (for example due to dimensions of the car, accessories or the like)
- Abuse of subscription
- Cases where the customer causes damage, or if there is a risk of damage to the carwash system
- Creates distractions or inflicts unpleasant experiences on other customers
- Does not follow instructions and rules given by the owner of the carwash facility, both in the app and information given on the facility
Monthly subscription presupposes normal use. For example, a car that is washed several times a day will not be considered normal use. Swash and the owner of the carwash facility reserve the right to terminate the contract in cases where abnormal use takes place. The monthly subscription is not valid for taxis, driving schools and other industries.
8. Validity and changes in terms
You can stop using the Swash service at any time by unsubscribing from the Swash service using the "Forget me" function or any other similar action that deletes the user data.
Please note that even if you delete your user information in the Swash service, your information will not be deleted in databases belonging to sellers with whom you have ordered an agreement via the Swash service. We ask you to contact the sellers directly to delete your information. Swash may at any time terminate or close your access to the Swash service, if Swash believes that there is a well-founded reason for this.
Swash may change these terms at any time. You accept the new terms by continuing to use the Swash service after the terms have changed. If you do not accept the changes, you must stop using the Swash service and delete your user information, according to the instructions above.
After the use of or access to the Swash service has ceased, the terms and conditions which are of such type that they are required to be maintained (especially those relating to liability and dispute resolution) will continue to apply.
9. Transfer of rights
Swash has the right to transfer the Swash service, its production and associated rights and obligations to a third party without your consent. This right includes the right to transfer personal data related to you to a third party, if the Swash service or parts of it are transferred to third party.
10. Dispute resolution and applicable legislation
Norwegian law applies to disputes and disagreements about the use of the Swash service and these terms. Please note, however, that the Swash service is used in several countries. Due to the differences between different countries' laws and regulatory requirements, the content and terms and condition of the Swash service may vary from country to country.
In the event of disputes, it is also possible to use legislation and practices that apply to the seller's place of business. We try to resolve all disputes through mediation. If no agreement is reached despite mediation, the dispute can be dealt with by court of first instance.
