Last Updated: 6 September 2023.
If your country of residence is within the European Economic Area (“EEA”), Switzerland or the United Kingdom, these Payments Terms apply to you.
If you attempt to bring any legal claim against Car Valet Hero in the EU, the arbitration agreement and class actions waiver in Section 14 apply to you. Please read them carefully.
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Car Valet Hero is not committed or obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Last Updated: 16 March 2023
These Payments Terms (“Payments Terms”) are a binding legal agreement between you and Car Valet Hero that govern the Payment Services (defined below) conducted through or in connection with the Car Valet Hero Platform. When these Payments Terms mention “Car Valet Hero”, “we”, “us”, or “our”, it refers to:
Car Valet Hero, 2 Retreat Ridge, Athlone, Co. Westmeath N37 PX63, Ireland
Car Valet Hero provides payment services to Members publishing, offering and booking car wash, car valet, detailing, or other related Provider Services. These payment services may include (if available) the following (collectively, “Payment Services”):
- Collecting payments from Customers (“Payin”), by charging the payment method they are associating with their booking or have associated with their Car Valet Hero account, such as credit card, debit card, bank account, Revolut or PayPal account (“Payment Method”);
- Effecting payments to Providers (“Payout”) to a financial instrument associated with their Car Valet Hero account, such as a PayPal or Revolut account, bank account, direct deposit, prepaid card, or debit card (“Payout Method”);
- Effecting payments to a third-party Payout Method designated by a Provider;
- Payment collection services; and
- Other payment-related services in connection with Provider Services.
In order to use the Payment Services, you must be at least 18 years old and have a Car Valet Hero account in good standing in accordance with the Car Valet Hero Terms of Service (“Terms”), and must keep your payment and personal information accurate and complete.
The Terms separately govern your use of the Car Valet Hero Platform. If you see an undefined term in these Payment Terms, it has the same definition as in the Terms.
Table of Contents
1. Your use of the Payment Services
2. Customer Terms
3. Provider Terms
4. Appointment of Car Valet Hero as Limited Payment Collection Agent
5. General Terms
6. Damage Claims and Damage Amounts
7. Prohibited Activities
8. Force Majeure
9. Disclaimers
10. Liability
11. Indemnification
12. Modification, Term, Termination, and other Measures
13. Governing Law and Dispute Resolution
14. Arbitration Agreement
15. Miscellaneous
16. Additional Clauses for Business Users
17. Contacting Car Valet Hero
1. Your use of the Payment Services
1.1 Car Valet Hero Payment Services
By using the Payments Services, you agree to comply with these Payment Terms. Car Valet Hero may temporarily limit or suspend your access to or use of the Payment Services, or its features, to carry out maintenance measures that ensure the proper functioning of the Payment Services. Car Valet Hero may improve, enhance and modify the Payment Services and introduce new Payment Services from time to time. We will provide notice to Members of any changes to the Payment Services if such changes materially increase the Members’ contractual obligations or decrease the Members’ rights under these Payments Terms.
1.2 Third-Party Services
The Payment Services may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services are subject to different terms of service and privacy policies, and Members should review them. Car Valet Hero is not responsible or liable for the use of such Third-Party Services. Links to any Third-Party Services are not an endorsement by Car Valet Hero of those Third-Party Services.
1.3 Your Car Valet Hero Account
Car Valet Hero may enable features that allow you to authorise other Members or third parties to take certain actions that affect your Car Valet Hero account. You may authorise a third party to use your Car Valet Hero account if the feature is enabled for your Car Valet Hero account. You acknowledge and agree that anyone you authorise to use your Car Valet Hero account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
1.4 Verification
You authorise Car Valet Hero, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide. This may include (i) screening you against third-party databases or other sources, (ii) requesting reports from service providers, (iii) asking you to provide a form of government identification (e.g., ID card, driver’s licence or passport), your date of birth, your address, and other information; or (iv) requiring you to take steps to confirm ownership of your email address, Payment Method(s) or Payout Method(s). Car Valet Hero reserves the right to terminate, suspend, or limit access to the Payment Services in the event we are unable to obtain or verify any of this information.
1.5 Additional Terms
Your access to or use of certain Payment Services may be subject to or require you to accept additional terms and conditions. If there is a conflict between these Payments Terms and terms and conditions applicable to a specific Payment Service, the latter terms and conditions will take precedence with respect to your use of or access to that Payment Service, unless specified otherwise.
2. Customer Terms
2.1 Adding a Payment Method
When you add a Payment Method to your Car Valet Hero account, you will be asked to provide billing information such as name, billing address, and financial instrument information either to Car Valet Hero or its third-party payment processor(s). You authorise Car Valet Hero and its payment service providers to collect and store your Payment Method information.
2.2 Payment Method Verification
When you add or use a new Payment Method, Car Valet Hero may verify the Payment Method by (i) authorising your Payment Method for one or two nominal amounts via a payment service provider, and asking you to confirm those amounts, or (ii) requiring you to upload a billing statement. We may, and retain the right to, initiate refunds of these amounts from your Payment Method. When you add a Payment Method during checkout, we will automatically save and add that Payment Method to your Car Valet Hero account so it can be used for a future transaction. You may not remove the Payment Method associated with a booking, during the period commencing from the date of your booking and ending fourteen (14) days following your booked service date, nor during any additional period of time needed to resolve any outstanding Damage Claim associated with the such booking.
2.3 Payment Authorization
You allow Car Valet Hero to charge your Payment Method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Car Valet Hero account, including Damage Claim amounts in accordance with the Terms and with Section 6.
2.4 Automatic Update of Payment Method
If your Payment Method’s account information changes (e.g., account number, routing number, expiration date) as a result of re-issuance or otherwise, we may acquire that information from our financial services partners or your bank and automatically update your Payment Method on file.
2.5 Timing of Payment
Car Valet Hero generally charges a Deposit or the Total Price due at the time of your booking when it is automatic or after the Provider accepts your booking request if the booking requires Provider confirmation. Car Valet Hero may offer alternative options for the timing and manner of payment. Any additional fees for using those alternative payment options will be displayed via the Car Valet Hero Platform and included in the Total Price, and you agree to pay such fees by selecting the payment option. Additional terms and conditions may apply for the use of an alternative payment option. If Car Valet Hero is unable to collect the Deposit or Total Price due, as scheduled, Car Valet Hero will collect the Deposit or Total Price due at a later point in accordance with Section 5.3. Once the payment for your requested booking is successfully completed, you will receive a confirmation email.
2.6 Currency
Car Valet Hero will process each transaction in € (Euro). Note that if your Payment Method currency is different from Car Valet Hero’s billing currency, certain fees may apply, based on an exchange rate and fee amount determined solely by your bank, and the amount listed on your card statement may be different from the amount shown at checkout. For example, if you make a booking using a UK-issued card, your payment may be processed outside the UK, and banks and credit card companies may impose international transaction fees and foreign exchange fees. Car Valet Hero is not responsible for any such fees and disclaims all liability in this regard. Please contact your bank or credit card company if you have any questions about these fees or the applicable exchange rate.
2.7 Booking Request Status
If a requested booking is declined because it is not accepted by the Provider, you cancel the booking request before it is accepted by the Provider, or Car Valet Hero cancels the booking, any amounts collected by Car Valet Hero and due to you pursuant to the policies described in Section 5.5, will be refunded to you, and any pre-authorisation of your Payment Method will be released (if applicable) in accordance with Section 5.5.2.
2.8 Payment Restrictions
Car Valet Hero reserves the right to decline or limit payments that we believe (i) may violate Car Valet Hero’s risk management policies or procedures, (ii) may violate these Payments Terms or the Terms, (iii) are unauthorised, fraudulent or illegal; or (iv) expose you, Car Valet Hero, or others to risks unacceptable to Car Valet Hero.
2.9 Payment Service Providers
Payment Methods may involve the use of third-party payment service providers. These payment service providers may charge you additional fees when processing payments in connection with the Payment Services, and Car Valet Hero is not responsible for any such fees and disclaims all liability in this regard. Your Payment Method may also be subject to additional terms of use. Please review them before using your Payment Method.
2.10 Your Payment Method, Your Responsibility
Car Valet Hero is not responsible for any loss suffered by you as a result of incorrect Payment Method information provided by you.
2.11 Different Ways to Pay
2.11.1 Payment Plan
2.11.1.1 Car Valet Hero may make available to Customers the option to pay a Portion of the booking’s Total Price (“Deposit”) at the time of booking and pay the remainder of the Total Price at a later time or cash to the Provider when availing of Provider Services (“Payment Plan”). Availability of this option may depend on the Listing and/or Payment Method.
2.11.1.2 If you choose a Payment Plan, the Car Valet Hero Platform will notify you during the checkout of the amount and schedule of each payment due. On the following payment due date, Car Valet Hero will automatically charge the original Payment Method you used to make the booking.
2.11.1.3 If you make a modification to a booking made with a Payment Plan, Car Valet Hero will notify you of the revised payment schedule, as applicable. If the modification increases your Total Price, you may be required to make an additional partial payment of the new Total Price at the time of the modification.
2.11.1.4 You agree that by selecting a Payment Plan, you may not be able to pay for the booking with a different Payment Method or pursuant to a different payment schedule.
2.11.1.5 If Car Valet Hero is unable to collect your payment, we will notify you of such declined payment, and require you to complete the payment using an alternative Payment Method within 24 hours of the notice. If you fail to complete the payment, you authorise Car Valet Hero to cancel the booking on your behalf. If the booking is cancelled, you will be refunded based on the Provider’s cancellation policy. You acknowledge that you may incur fees for cancellations pursuant to the Provider’s cancellation policy.
2.11.2 Recurring Payments
2.11.2.1 For certain bookings (such as company fleet contractual car wash and valeting services), Car Valet Hero may require a Customer to make recurring, incremental payments toward the Total Price owed (“Recurring Payments”). More information on Recurring Payments (including the amount and the frequency of payments) will be made available via the Car Valet Hero Platform if applicable to a booking.
2.11.2.2 If Recurring Payments apply to a confirmed booking, then the Customer authorises Car Valet Hero to collect the Total Price due.
2.11.2.3 Customers may stop a Recurring Payment by notifying Car Valet Hero orally or in writing at least three (3) business days before the scheduled date of the payment. Car Valet Hero may require you to give written confirmation of a stop-payment order within fourteen (14) days of an oral notification. If you fail to provide written confirmation within those fourteen (14) days, Car Valet Hero is not obligated to honour your request to stop any future Recurring Payments. If you have any questions regarding your Recurring Payments, please contact Car Valet Hero’s customer support.
3. Provider Terms
3.1 Payment Collection
Car Valet Hero generally collects a Portion (Deposit) or the Total Price of a booking at the time of the Customer’s booking request, unless noted otherwise.
3.2 Valid Payout Method
In order to receive a Payout you must have a valid Payout Method linked to your Car Valet Hero account. When you add a Payout Method to your Car Valet Hero account, you will be asked to provide information such as name, billing address, and financial instrument information either to Car Valet Hero or its third-party payment processor(s). Depending on the Payout Method selected additional information may be required, such as a residential address, name on the account, account type, routing number, account number, email address, payout currency, identification number and account information associated with a particular payment processor. Providing requested information is required for a Payout Method to be valid. The information Car Valet Hero requires for a valid Payout Method may change, and Car Valet Hero may request additional information at any time; failing to provide requested information may result in us temporarily placing a hold, suspending, or cancelling any Payout until the information is provided and, if necessary, validated. You authorise Car Valet Hero to collect and store your Payout Method information. We may also share your information with governmental authorities as required by applicable law.
3.3 Timing of Payout
3.3.1 Subject to and conditional upon successful receipt of the payments from Customer, Car Valet Hero will generally initiate Payouts to your selected Payout Method 24 hours after the Customer’s booked time. For recurring contract Services, Car Valet Hero will generally initiate the first payout 24 hours after the Customer’s booked time and will initiate future payouts every 30 days after the initial payout, for the duration of the contract.
3.3.2 Car Valet Hero may offer you a different Payout time or trigger for payment, which may be subject to additional terms and conditions. The time it takes to receive Payouts once released by Car Valet Hero may depend upon the Payout Method you select.
3.4 Payout
Your Payout for a booking will be the Deposit or Total Price less applicable fees like Car Valet Hero service fees and applicable taxes. In the event of cancellation of a confirmed booking, Car Valet Hero will remit the amount you are due (if any) as provided in the Terms and applicable cancellation policy.
3.5 Payout Restrictions
Car Valet Hero may temporarily place a hold, suspend, or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or completing an investigation; or if we are unable to verify your identity, or to obtain or verify the requested information. Furthermore, Car Valet Hero may temporarily place a hold on, suspend, or delay initiating or processing any Payout due to you under the Terms as a result of high volume Booking cancellations or modifications arising from a Force Majeure Event (as defined below).
3.6 Currency Conversion
Car Valet Hero will remit your Payouts in € (Euro) for operational reasons. Note that payment service providers may impose transaction, currency conversion or other fees based on the currency of your registered Payout Method, and Car Valet Hero is not responsible for any such fees and disclaims all liability in this regard.
3.7 Limits on Payouts
For compliance or operational reasons, Car Valet Hero may limit the amount of a Payout. If you are due an amount above that limit, we may make a series of Payouts (potentially over multiple days) in order to provide your full Payout amount.
3.8 Payment Service Providers
Payout Methods may involve the use of third-party payment service providers. These service providers may charge you additional fees when processing Payouts in connection with the Payment Services (including deducting charges from the Payout amount), and Car Valet Hero is not responsible for any such fees and disclaims all liability in this regard. Your Payout Method may also be subject to additional terms of use. Please review them before using your Payout Method.
3.9 Your Payout Method, Your Responsibility
Car Valet Hero is not responsible for any loss suffered by you as a result of incorrect Payout Method information provided by you.
3.10 Different ways to get paid
3.10.1 Split Payouts
If you provide Provider Services jointly with one or more other Providers as part of a team, business or other organisation (“Provider Team”), Car Valet Hero may make available to such Providers the option to allocate between the members of the Provider Team the total Provider Payout for a booking. Car Valet Hero will execute such payments at the instruction of one or more members of the Provider Team and is not responsible for any losses related to errors or omissions made by the Providers in providing such payment instructions.
4. Appointment of Car Valet Hero as Limited Payment Collection Agent
4.1 Each Provider, including each Provider Team member, hereby appoints Car Valet Hero as the Provider’s payment collection agent solely for the limited purpose of accepting and processing funds from Customers purchasing Provider Services on the Provider’s behalf.
4.2 Each Provider, including each Provider Team member, agrees that payment made by a Customer through Car Valet Hero, shall be considered the same as a payment made directly to the Provider, and the Provider will provide the Provider Service booked by the Customer in the agreed-upon manner as if the Provider has received the payment directly from the Customer. Each Provider agrees that Car Valet Hero may refund the Customer in accordance with the Terms. Each Provider understands that Car Valet Hero’s obligation to pay the Provider is subject to and conditional upon the successful receipt of the associated payments from Customer. Car Valet Hero guarantees payments to Provider(s) only for such amounts that have been successfully received by Car Valet Hero from Customers in accordance with these Payments Terms. In accepting an appointment as the limited payment collection agent of the Provider, Car Valet Hero assumes no liability for any acts or omissions of the Provider.
4.3 Each Provider acknowledges and agrees that notwithstanding the fact that Car Valet Hero is not a party to the agreement between you and the Customer(s), including each Provider Team member, Car Valet Hero acts as each Provider’s payment collection agent for the limited purpose of accepting payments from Customer(s) on behalf of the Provider(s). Upon a Customer’s payment of the funds to Car Valet Hero, the Customer’s payment obligation to the Provider(s) for the agreed-upon amount is extinguished, and Car Valet Hero is responsible for remitting the funds successfully received by Us to the Provider(s) in the manner described in these Payments Terms. In the event that Car Valet Hero does not remit any such amounts, the Provider(s) will have recourse only against Car Valet Hero and not the Customer directly.
5. General Terms
5.1 Fees.
Car Valet Hero may charge fees for use of certain Payment Services and any applicable fees will be disclosed to you in the Terms or via the Car Valet Hero Platform.
5.2 Payment Authorisations.
You authorise Car Valet Hero to collect from you amounts due pursuant to these Payment Terms and/or the Terms by either (i) charging the Payment Method associated with the relevant booking, or any other Payment Method on file that you authorise in your Car Valet Hero account (unless you have previously removed the authorisation to charge such Payment Method(s)), or (ii) by withholding the amount from your future Payout. Specifically, you authorise Car Valet Hero to collect from you:
- Any amount due to Car Valet Hero (e.g., as a result of your bookings, Booking Modifications, cancellations, or other actions as a Customer, Provider or user of the Car Valet Hero Platform), including reimbursement for costs prepaid by Car Valet Hero on your behalf.
- Any funds collected by Car Valet Hero will set off the amount owed by you to Car Valet Hero and extinguish your obligation to Car Valet Hero.
- Any amount due to a Provider from a Customer which Car Valet Hero collects as the Provider’s payment collection agent as set out in Section 4 above.
- Taxes, where applicable and as set out in the Terms.
- Any amount you pay through the Resolution Center in connection with your Car Valet Hero account.
- Any Damage Claim amounts owed to Car Valet Hero in accordance with the Terms and Section 6.
- Any service fees or cancellation fees imposed pursuant to the Terms (e.g., if, as a Provider, you cancel a confirmed booking).
- Any amounts already paid to you as a Provider despite a Customer cancelling a confirmed booking or Car Valet Hero deciding that it is necessary to cancel a booking in accordance with the Terms, Rebooking, Cancelling and Refund Policy, Extenuating Circumstances Policy, or other applicable cancellation policy. You agree that in the event you have already been paid, Car Valet Hero will be entitled to recover the amount of any such Customer refund from you, including by subtracting such refund amount from any future Payouts due to you.
If you owe an amount at any time after a booking, such as with Payment Plan or Recurring Payment charges, Booking Modifications, resolution centre payments or Damage Claims (“Additional Amounts”), you hereby authorise and grant Car Valet Hero a mandate to collect payments for such Additional Amounts by charging your Payment Method associated with the relevant booking without any further action on your part. Car Valet Hero will notify you in writing before any Additional Amounts are charged.
If your Payment Method associated with the relevant booking is expired, invalid or otherwise not able to be charged for any reason (such as insufficient funds), you remain responsible for any uncollected amounts and Car Valet Hero may charge the Payment Method related to your booking again or use any other Payment Method on file associated with your Car Valet Hero account, if available, to collect such Additional Amounts. Any amount not collected for any reason will be subject to any remedies that may be available, including, but not limited to, referral to a collections agency, or pursuit of available causes of action or claims against you.
If Car Valet Hero has reason to believe that you as a Provider participated in fraudulent activity, such as an overpayment scam, booking fraud or other fraud, and Car Valet Hero released the payout for such Service, Car Valet Hero may recoup from you the amount by reducing, setting off or debiting the amount from any future Payouts owed to you.
In addition to any amount due as outlined above, if there are amounts which you owe us but are unpaid or chargebacks associated with your Payment Method, you may be charged fees that are incidental to Car Valet Hero collection of these amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
5.3 Collections
5.3.1 If Car Valet Hero is unable to collect any amounts you owe under the Terms and these Payments Terms, Car Valet Hero may engage in collection efforts to recover such amounts from you.
5.3.2 Car Valet Hero will deem any owed amounts overdue when: (a) for authorised charges, thirty (30) days have elapsed after Car Valet Hero first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts, sixty (60) days have elapsed after the adjustment is made to the Provider’s Car Valet Hero account or the associated services have been provided, whichever is later.
5.3.3 Car Valet Hero will deem any overdue amounts not collected to be in default when a hundred and eighty (180) days have elapsed: (a) for authorised charges, after Car Valet Hero first attempts to charge your Payment Method or the associated services have been provided, whichever is later; and (b) for withholdings from a Provider’s future Payouts after the adjustment is made to the Provider’s Car Valet Hero account or the associated services have been provided, whichever is later.
5.3.4 You hereby explicitly agree that all communications in relation to amounts owed will be made by electronic mail or by phone, as provided to Car Valet Hero by you. Such communications may be made by Car Valet Hero or by anyone on their behalf, including but not limited to a third-party collection agent.
5.4 Payment Processing Errors
5.4.1 Car Valet Hero will take the necessary steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the original Payout Method or Payment Method used or selected by you so that you end up receiving or paying the correct amount. This may be performed by Car Valet Hero or a third party such as your financial institution. We may also take steps to recover funds sent to you in error (including but not limited to an event of duplicate payments made to you due to a processing error), by reducing, setting off and/or debiting the amount of such funds from any future Payouts owed to you.
5.4.2 To the extent you receive any funds in error, you agree to immediately return such funds to Car Valet Hero.
5.5 Refunds
5.5.1 Any refunds or credits due to a Member pursuant to the Terms, Extenuating Circumstances Policy and Rebooking, Cancelling and Refund Policy will be initiated and remitted by Car Valet Hero in accordance with these Payments Terms.
5.5.2 Subject to this Section 5.5.2, Car Valet Hero will initiate the refund process immediately. In the case of a cancellation by a Provider, Car Valet Hero will hold the funds on behalf of the Provider for up to 72 hours until the Customer is either refunded or the funds are used to rebook with another Provider. At no point in time is Car Valet Hero holding the funds on behalf of the Customer or providing the Customer with a payment service. In certain instances, the refund process may include the option to receive credit in lieu of a cash refund; if this option is made available to you, the timing of your refund will be communicated via the Car Valet Hero Platform. However, the time it takes to receive any cash refund or for any pre-authorisation of your Payment Method to be released will vary based on the Payment Method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a Force Majeure Event that may affect the processing and settlement of refunds, Car Valet Hero will initiate and process the refund as soon as is practicable.
6. Damage Claims and Damage Amounts
6.1 If you are responsible for Damage Claim amounts pursuant to Section 14 of the Terms, Car Valet Hero may, with your prior authorisation, charge the Payment Method used to make the booking or any other payment method on file in your Car Valet Hero account at the time of the Damage Claim in order to collect the Damage Claim amounts, up to a maximum amount as defined in Section 14 of the Terms.
6.2 You agree that Car Valet Hero may seek to recover from you under any insurance policies you maintain and that Car Valet Hero may also pursue against you any remedies it may have available, including, but not limited to referral to a collections agency, or pursuit of causes of action or claims against you, including in relation to any Damage Claim or payment requests made by Providers under the Provider Damage Protection.
7. Prohibited Activities
7.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not and will not assist or enable others to:
- a breach or circumvent any applicable laws or regulations;
- a breach or circumvent any agreements with third parties, third-party rights, or the Terms, Additional Legal Terms, Policies, or Standards;
- use the Payment Services for any commercial or other purposes that are not expressly permitted by these Payments Terms;
- register or use any Payment Method or Payout Method with your Car Valet Hero account that is not yours or you do not have the authorisation to use;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Car Valet Hero or any of Car Valet Hero’s providers or any other third party to protect the Payment Services;
- take any action that damages or adversely affects, or could damage or adversely affect, the performance or proper functioning of the Payment Services;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Payment Services; or
violate or infringe anyone else’s rights or otherwise cause harm to anyone.
8. Force Majeure
Car Valet Hero shall not be liable for any delay or failure to fulfil any obligation under these Payments Terms resulting from causes outside the reasonable control of Car Valet Hero, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials (“Force Majeure Event”).
9. Disclaimers
9.1 If you choose to use the Payment Services, you do so voluntarily and at your sole risk. To the maximum extent permitted by law, the Payment Services are provided “as is”, without warranty of any kind, either express or implied.
9.2 Notwithstanding Car Valet Hero’ appointment as the limited payment collection agent of Providers pursuant to Section 4, Car Valet Hero explicitly disclaims all liability for any act or omission of any Member or other third party. Car Valet Hero does not have any duties or obligations as agent for each Provider except to the extent expressly set forth in these Payments Terms, and any additional duties or obligations as may be implied by law are, to the maximum extent permitted by applicable law, expressly excluded.
9.3 If we choose to conduct identity verification on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
9.4 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights or warranties which cannot lawfully be excluded. However, the duration of any statutorily required warranties shall be limited to the maximum extent (if any) permitted by law.
10. Liability
If you reside in the EEA, Car Valet Hero is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Car Valet Hero is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Car Valet Hero in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Car Valet Hero is excluded to the maximum extent allowed by applicable law.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at Car Valet Hero’s option), indemnify, and hold Car Valet Hero and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Payments Terms; (ii) your improper use of the Payment Services; (iii) your failure, or our failure at your direction, to accurately report, collect or remit taxes; or (iv) your breach of any laws, regulations, or third-party rights. The indemnification obligation according to this Section 11 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
12. Modification, Term, Termination, and other Measures
12.1 Modification
When we propose changes to these Payments Terms, we will post the revised Payments Terms on the Car Valet Hero Platform and update the “Last Updated” date at the top of these Payments Terms. We will provide you with notice of the modification at least two (2) months before the date they become effective. If the proposed changes to these Payments Terms are material, you will be asked to explicitly accept the revised Payments Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so and your right to terminate this agreement at any time before the effective date of the proposed changes as provided in these Payments Terms. In case of (i) non-material changes to these Payments Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the Payment Services provided by Car Valet Hero or (ii) changes that are required by law, a legally binding court decision or binding order of a competent authority, your continued use of the Payment Services after the effective date of the proposed changes will constitute acceptance of the revised Payments Terms.
12.2 Term
This agreement between you and Car Valet Hero reflected by these Payments Terms is effective when you create a Car Valet Hero account or use the Payment Services and remains in effect until either you or we terminate this agreement in accordance with Section 12.3.
12.3 Termination
You may terminate this agreement at any time by sending us an email or by deleting your Car Valet Hero account. Terminating this agreement will also serve as notice to cancel your Car Valet Hero account pursuant to the Terms. Without limiting our rights specified below, Car Valet Hero may terminate this agreement for convenience at any time by giving you two (2) months prior notice. Car Valet Hero may also terminate this agreement immediately without notice if (i) you have materially breached your obligations under this agreement; (ii) you have provided inaccurate, fraudulent, outdated, or incomplete information; (iii) you have violated applicable laws, regulations, or third-party rights; or (iv) Car Valet Hero believes in good faith that such action is reasonably necessary to protect other Members, Car Valet Hero, or third parties.
12.4 Suspension and Other Measures
Car Valet Hero may limit or temporarily or permanently suspend your use of or access to the Payment Services (i) to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, (ii) if you have breached these Payments Terms, the Terms, applicable laws, regulations or third-party rights, (iii) if you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a Payment Method or Payout Method, (iv) for any amounts you owe under these Payments Term that are overdue or in default, or (v) if Car Valet Hero believes in good faith that such action is reasonably necessary to protect the personal safety or property of Car Valet Hero, its Members, or third parties, or to prevent fraud or other illegal activity. Further, for unsuccessful payment due to card expiration, insufficient funds, or otherwise, we may temporarily suspend your access to the Payment Services until we can charge a valid Payment Method.
12.5 Appeal
If Car Valet Hero takes any of the measures described in Sections 12.3 and 12.4 you may appeal such a decision by contacting customer service.
12.6 Effect of Termination
If you cancel your Car Valet Hero account as a Provider or Car Valet Hero takes any of the measures described above, Car Valet Hero may provide a full refund to any Customer with confirmed booking(s), and you will not be entitled to any compensation for pending or confirmed bookings that were cancelled. If you cancel your Car Valet Hero account as a Customer, Car Valet Hero will initiate a refund for any confirmed booking(s) based on the Listing’s cancellation policy. If your access to or use of the Payment Services has been suspended or limited or this agreement has been terminated by us, you may not register a new Car Valet Hero account or attempt to access and use the Payment Services through a Car Valet Hero account of another Member.
12.7 Survival
Unless your country of residence is in the EEA, Sections 5 through 17 of these Payments Terms shall survive any termination or expiration of this agreement.
13. Governing Law and Dispute Resolution
These Payments Terms will be interpreted in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Payments Terms before the competent court of your place of residence. If Car Valet Hero wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
14. Arbitration Agreement
14.1 Overview of Dispute Resolution Process
Car Valet Hero is committed to participating in a consumer-friendly dispute resolution process. To that end, these Payments Terms provide for a two-part process for individuals to whom this Section 14 applies: (1) an informal negotiation directly with Car Valet Hero’s customer service team (described in Section 14.2), and if necessary (2) a binding arbitration administered by an authorised arbitration body. You and Car Valet Hero each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
14.2 Mandatory Pre-Arbitration Dispute Resolution and Notification
At least 30 days prior to initiating an arbitration, you and Car Valet Hero each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of a dispute to Car Valet Hero by mailing it to Car Valet Hero, 2 Retreat Ridge, Aghacocara, Athlone, Co.Westmeath N37 PX63. Car Valet Hero will send its notice of a dispute to the email address associated with your Car Valet Hero account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration.
14.3 Agreement to Arbitrate
You and Car Valet Hero mutually agree that any dispute, claim or controversy arising out of or relating to these Payments Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Payment Services (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Car Valet Hero agree that the arbitrator will decide that issue.
14.4 Exceptions to Arbitration Agreement
You and Car Valet Hero each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 14): (i) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); (ii) a request for the remedy of public injunctive relief; or, (iii) any individual claim of assault or harassment arising from your use of the Car Valet Hero Platform or Provider Services. You and Car Valet Hero agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration.
14.5 Jury Trial Waiver
You and Car Valet Hero acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
14.6 No Class Actions or Representative Proceedings
You and Car Valet Hero acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
14.7 Severability
Except as provided in Section 14.6, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement will be given full force and effect.
14.8 Changes to Agreement to Arbitrate
If Car Valet Hero changes this Section 14 after the date you last accepted these Payments Terms (or accepted any subsequent changes to these Payments Terms), you may reject that change by sending us written notice (including by email) within thirty (30) days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Car Valet Hero (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Car Valet Hero.
14.9 Survival
Except as provided in Section 14.7 and subject to Section 12.7, this Section 14 will survive any termination of these Payments Terms and will continue to apply even if you stop using the Payment Services or terminate your Car Valet Hero account.
15. Miscellaneous
15.1 Interpreting these Payments Terms
Except as they may be supplemented by additional terms and conditions, policies, guidelines, or standards, these Payments Terms constitute the entire agreement between Car Valet Hero and you regarding the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Car Valet Hero and you regarding the Payment Services. If any provision of these Payments Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
15.2 No Waiver
Car Valet Hero’s failure to enforce any right or provision in these Payments Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise permitted under law.
15.3 Assignment
You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Car Valet Hero’s prior written consent. Car Valet Hero may without restriction assign, transfer, or delegate this agreement and any rights and obligations, at its sole discretion, with two (2) months prior notice.
15.4 Notices
Unless specified otherwise, any notices or other communications permitted or required under this agreement, will be in writing and given by Car Valet Hero via email or Car Valet Hero Platform notification, and depending on your notification setting, messaging service (including SMS and Chat). The date of receipt will be deemed the date on which Car Valet Hero transmits the notice.
15.5 Language
If you are contracting with Car Valet Hero, this agreement is concluded in English as applied by the Terms and all communication undertaken during this contractual relationship shall be made in that language.
16. Additional Clauses for Business Users
The following paragraphs also apply if you are using the Payment Services as a representative (“Representative”) acting on behalf of a business, company or other legal entity (in such event, for purposes of the Payments Terms, “you” and “your” will refer and apply to that business, company or other legal entity).
16.1 You accept the Payments Terms and you will be responsible for any act or omission of employees or third-party agents using the Payment Service on your behalf.
16.2 You and your Representative individually affirm that you are authorised to provide the information described in Section 2.1 and Section 3.2 and your Representative has the authority to bind you to these Payments Terms. We may require you to provide additional information or documentation demonstrating your Representative’s authority.
16.3 You represent and warrant to us that: (i) you are duly organised, validly existing and in good standing under the laws of the country in which your business is registered and that you are registering for receiving the Payment Services; and (ii) you have all requisite right, power, and authority to enter into this agreement, perform your obligations, and grant the rights, licences, and authorizations in this agreement.
16.4 If you are using your Payment Method for the benefit of your employees or other authorised third parties for contract valeting, as permitted by your account, you authorise Car Valet Hero to charge your Payment Method for bookings requested by employees at your company or other permitted third parties.
16.5 For any Payout Method linked to your Car Valet Hero account, you authorise Car Valet Hero to store the Payout Method, remit payments using the Payout Method for bookings associated with your Car Valet Hero account and take any other action as permitted in the Payments Terms in respect of the Payout Method.
16.6 If you handle, store or otherwise process payment card information on behalf of anyone or any third party, you agree to comply on an ongoing basis with applicable data privacy and security requirements under the current Payment Card Industry Data Security Standard with regards to the use, access, and storage of such credit card information. For additional information, including tools to help you assess your compliance, see https://www.visa.com/cisp and https://www.mastercard.com/sdp.
17. Contacting Car Valet Hero
You may contact Car Valet Hero regarding the Payment Services using the information below:
Car Valet Hero will provide a copy of these Payments Terms on request. If you have any questions about these Payments Terms, please email us.
Please contact us if you need assistance with updating your personal or business information.
If you would like to make a complaint, please write to us at:
Car Valet Hero,
2 Retreat Ridge, Aghacocara,
Athlone, Co. Westmeath N37 PX63
Republic of Ireland
or via email to:
payment.complaints@carvalethero.ie
or call us at:
+353 85 759 2684