Last revised: 24 November 2023.
Thank you for using Car Valet Hero!
Please read these Terms of Service carefully. We will deem the continuing use of Car Valet Hero as your consent to these terms.
These Terms of Service (“Terms”, “Terms of Service”) are a binding legal agreement between you and Car Valet Hero that govern your right to use the websites, applications, and other offerings from Car Valet Hero (collectively, the “Car Valet Hero Platform”). When used in these Terms, “Car Valet Hero”, “Platform”, “we,” “us,” or “our” refers to the Car Valet Hero entity set out on Schedule 1 with whom you are contracting.
The Car Valet Hero Platform’s mission is to offer an environment that enables users (“Members”) to confidently and safely search for, book, publish, and offer car wash, valeting, and detailing services across Ireland. Members offering services are “Providers”, and Members searching for, booking, or using services are “Customers”. Providers offer car wash, valeting and detailing services (“Car Wash”, “Car Valet”, “Car Detailing”) and related activities (collectively, “Provider Services”, and each Provider Service offering – a “Listing”).
As the provider of the Car Valet Hero Platform, we do not own, control or offer any Listings and Provider Services. The Car Valet Hero is not a party to the contracts, entered into directly between Providers and Customers.
Customers can access and use the Platform as guest users or create a user account for convenience and availing of particular services, but must always enter and keep accurate information. Guest users avail of the features of the platform without necessarily creating a dedicated user account.
From a simple car wash to full valets, paint corrections and sophisticated detailing operations, they can browse through multiple Listings to find the one that matches the way they like their vehicle serviced. They can learn more about a Listing by reviewing the description and photos, the Provider profile, and past Customer reviews. If you, the Customer, have questions, just contact the Provider via the contact information in their listing or profile.
Providers must register an account with us to access and use the features of the Car Valet Hero Platform.
Car Valet Hero is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms policy (“Payments Terms”).
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Members by the Car Valet Hero payment entities (collectively “Car Valet Hero Payments“).
Table of Contents
Customer Terms
1. Searching and Booking on Car Valet Hero.
2. Rescheduling, Cancellation, and Booking Modifications.
3. Your Responsibilities.
Provider Terms
4. Providing Services on the Car Valet Hero Platform.
5. Managing Your Listing.
6. Rescheduling, Cancellations, and Booking Modifications.
7. Taxes.
General Terms
8. Reviews
9. Content.
10. Fees.
11. Car Valet Hero Platform Rules.
12. Termination, Suspension and other Measures.
13. Modification of these Terms.
14. Resolving Complaints and Damage Claims.
15. Car Valet Hero’s Role.
16. Member Accounts and guest users.
17. Disclaimer.
18. Liability.
19. Indemnification.
20. Contracting Entities.
21. Applicable law and Jurisdiction.
22. Miscellaneous.
Resolving complaints out of court
23. EU/EEA Dispute Resolution and Arbitration Agreement.
Additional Terms Applicable to Business Users
24. Business Users.
25. Termination, Suspension and other Measures.
26. Complaints Handling and Mediation.
27. Access to Data.
28. Additional Distribution Channels.
Customer Terms
1. Searching and Booking on Car Valet Hero.
1.1 Searching.
You can search for Provider Services by using criteria like the type of Provider Service, location, available times, and price range. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, popularity, and saved Listings, and more.
1.2 Booking.
When you book a Listing, you are agreeing to pay the charges for your booking such as the Listing deposit or Listing price and applicable taxes where such are required and identified during checkout (collectively, “Total Price”). When you receive the booking confirmation, a contract for Provider Services (a “Booking”) is formed directly between you and the Provider. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including without limitation, the reschedule and cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Booking. It is your responsibility to read and understand these rules, standards, policies, and requirements before booking a Listing. Be aware that some Providers possibly work with a co-provider or as part of a team to provide their Provider Services.
2. Rescheduling, Cancellation, and Booking Modifications.
2.1 Rescheduling, Cancelling and Refunds.
In general, if you reschedule or cancel a Service, the amount refunded to you is determined by the Rescheduling and Cancellation Policy that applies to that Service. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If the Provider cancels, or you experience something outside your control requiring you to reschedule or cancel a booking (as defined in our Extenuating Circumstances Policy), you may be entitled to rebooking assistance or a partial or full refund under our Rescheduling, Cancellation and Refund Policy. You may appeal a decision by Car Valet Hero by contacting our customer service.
2.2 Booking Modifications.
Providers and Customers are responsible for any booking modifications they agree to make directly, via the Car Valet Hero Platform, or direct Car Valet Hero customer service team to make on their behalf (“Booking Modifications”), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
3. Your Responsibilities.
You are responsible for your acts and omissions and are also responsible for the acts and omissions of anyone you instruct to use the Platform or book Services on your behalf. You are responsible for instructing this user to act according to these policies and Listing conditions, (ii) you are responsible for presenting your vehicle under the conditions specified in the Listing, (iii) you are responsible for paying all Damage Claim amounts necessary to cover damage that you or person(s) acting on your behalf cause to a Provider premise and equipment, and (iv) you must act with integrity, treat others with respect and comply with applicable laws at all times.
Provider Terms
4. Providing Services on the Car Valet Hero Platform.
4.1 Provider.
As a Provider, Car Valet Hero offers you the right to use the Car Valet Hero Platform to share your Provider Service with our vibrant community of Customers – and earn money doing it. It’s easy to create a Listing and you are in control of how you provide – set your price, availability, and rules for each Listing. We may create a listing on your behalf upon your instruction in conjunction with the policies specified in our Payments Terms.
4.2 Contracting with Customers.
When you accept a booking request or receive a booking confirmation through the Car Valet Hero Platform, you are entering into a contract directly with the Customer, and are responsible for delivering the Provider Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Car Valet Hero’s service fee (and applicable taxes) for each booking. Car Valet Hero Payments will deduct amounts you owe from your payout unless we and you agree to a different method. Any terms or conditions that you include in any supplement contract with Customers must: (i) be consistent with these Terms, our
Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
4.3 Independence of Providers.
Your relationship with Car Valet Hero is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Car Valet Hero, except that Car Valet Hero Payments acts as a payment collection agent as described in the Payments Terms. Car Valet Hero does not direct or control your Provider Service and you understand that you have complete discretion whether and when to provide Provider Services and at what price and on what terms to offer them.
5. Managing Your Listing.
5.1 Creating and Managing Your Listing.
The Car Valet Hero Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Provider Service, your price, other charges like taxes, and any rules or requirements that apply to your Customers or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Provider Services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may maintain multiple Listings but they should comply with all mentioned terms.
5.2 Know Your Legal Obligations.
You are responsible for understanding and complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Provider Services. For example, Some activity types require Providers to register with the local authorities, get a permit, or obtain a licence before providing certain Provider Services. In some places, the Provider Services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the Provider Services you plan to offer.
Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using the personal data of Customers and others in compliance with applicable privacy laws and these Terms, including our Provider Privacy Standards. If you have questions about how local laws apply, you should always seek legal advice.
5.3 Search Ranking.
The ranking of Listings in search results on the Car Valet Hero Platform depends on a variety of factors, including these main parameters:
Customer preferences (e.g. location name, Service type, duration, price range, previous use, saved Listings),
Listing characteristics (e.g. price, calendar availability, volume and quality of images and descriptions, Reviews, provider status),
The customer experience (e.g. the rating of the service, cancellation history of the Provider, ease of availing of the service, Provider requirements).
Car Valet Hero may allow Providers to promote their Listings in search or elsewhere on the Car Valet Hero Platform by paying an additional fee. More information about the factors that determine how your Listing appears in search results, our current promotional programs (if any) and how we identify promoted Content can be found in our Help Center.
5.4 Your Responsibilities.
You are responsible for your acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Provider Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any fees and charges in your Listing description and may not collect any additional fees or charges outside the Car Valet Hero Platform except those expressly authorised by our Offline Fee Policy. Do not encourage Customers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Car Valet Hero Platform in violation of our Off-Platform Policy.
5.5 Providing as a Team or Organization.
If you work with a co-provider or provider as part of a team, business or other organisation, the entity and each individual who participates in providing Provider Services, is responsible and liable as a Provider under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorised to enter into contracts for and bind your team, business or other organisation and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct Car Valet Hero to transfer a portion of your payout to a co-provider or other Providers or send payments to someone else, you must be authorised to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
6. Rescheduling, Cancellations, and Booking Modifications.
6.1 Cancellations and Travel Issues.
In general, if a Customer cancels a reservation, the amount paid to you is determined by the cancellation policy that applies to that booking. As a provider, you should not cancel on a Customer without a valid reason under our Extenuating Circumstances Policy or applicable law. If you cancel on a Customer without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Customer experiences a Travel Issue (as defined by the Rebooking, Cancelling and Refund Policy), (ii) an Extenuating Circumstance arises, or (iii) a booking is cancelled under Section 12 of these Terms, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Customer, and by any other reasonable costs we incur as a result of the cancellation. If a Customer receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Car Valet Hero exceeds your payout, Car Valet Hero (via Car Valet Hero Payments) may recover that amount from you, including by offsetting the refund against your future payouts. You agree that Car Valet Hero’s Rebooking, Cancelling and Refund Policy, Extenuating Circumstances Policy, and these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Customers. If we reasonably expect to provide a refund to a Customer under one of these policies, we may delay the release of any payout for that booking until a refund decision is made. You may appeal a decision by Car Valet Hero by contacting our customer service.
6.2 Booking Modifications.
Providers and Customers are responsible for any Booking Modifications they agree to make directly, via the Car Valet Hero Platform, or direct Car Valet Hero members support to make on their behalf and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
7. Taxes.
7.1 Provider Taxes.
As a Provider, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes (“Taxes”).
7.2 Collection and Remittance by Car Valet Hero.
In jurisdictions where Car Valet Hero facilitates the collection and/or remittance of Taxes on behalf of Providers, you instruct and authorise Car Valet Hero to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Car Valet Hero are identified to Members on their transaction records, as applicable. Car Valet Hero may seek additional amounts from Members (including by deducting such amounts from future payouts) if the Taxes collected and/or remitted are insufficient to fully discharge that Member’s tax obligations, and you agree that your sole remedy for Taxes collected by Car Valet Hero is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
7.3 Tax Information.
In certain jurisdictions, Tax regulations may require that we collect and report Tax information about you, withhold Taxes from payouts to you, or both. Suppose you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you. In that case, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Car Valet Hero may issue on your behalf invoices or similar documentation for VAT, disposal or other Taxes for your Provider Services to facilitate accurate tax reporting by our Customers and their organisations.
General Terms
8. Reviews.
After each Provider Service, Customers and Providers may have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy or Review Policy. Reviews are not verified by Car Valet Hero for accuracy and may be incorrect or misleading.
9. Content.
Parts of the Car Valet Hero Platform enable you to provide feedback, text, photos, video, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Car Valet Hero a non-exclusive, worldwide, royalty-free, sub-licensable and transferable licence, for the term of the protection of the rights so licenced, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Car Valet Hero Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws per our Privacy Policy. Where Car Valet Hero pays for the creation of Content or facilitates its creation, Car Valet Hero may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant Car Valet Hero the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our Content Policy and Nondiscrimination Policy, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Car Valet Hero may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Car Valet Hero does not guarantee the accuracy or quality of translations and Members are responsible for confirming the accuracy of such translations.
10. Fees.
Car Valet Hero charges fees (and applicable Taxes) to Providers for the right to use the Car Valet Hero Platform. Any applicable fees are disclosed to Providers before creating an account and publishing a listing. More information about when service fees apply and how they are calculated can be found on our Service Fees page. Except as otherwise provided on the Car Valet Hero Platform, service fees are non-refundable.
11. Car Valet Hero Platform Rules.
11.1 Rules.
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Follow our Nondiscrimination Policy and do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Car Valet Hero Platform
Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Car Valet Hero Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Car Valet Hero Platform or Content.
Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Car Valet Hero Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Car Valet Hero Platform.
Only use the Car Valet Hero Platform as authorised by these Terms or another agreement with us
You may only use another Member’s personal information as necessary to facilitate a transaction using the Car Valet Hero Platform as authorised by these Terms.
Do not use the Car Valet Hero Platform, our messaging tools (if available), or Members’ personal and business information to send commercial messages without their express consent.
You may use Content made available through the Car Valet Hero Platform solely as necessary to enable your use of the Car Valet Hero Platform as a Customer or Provider.
Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another agreement you have with us.
Do not request, encourage, make or accept a booking or any payment outside of the Car Valet Hero Platform to avoid paying fees, taxes or for any other reason. See our Offline Fee Policy for exceptions.
Do not require or encourage Customers to open an account, leave a review, or otherwise interact with a third-party website, application or service before, during or after a booking, unless authorised by Car Valet Hero.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Provider Services unless you are actually intending to use the Provider Services.
Do not use, copy, display, mirror or frame the Car Valet Hero Platform, any Content, any Car Valet Hero branding, or any page layout or design without our consent.
Honour your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorised to do so, and (iii) authorise us to process that information under our Privacy Policy.
Read and follow our Terms, Additional Legal Terms, Policies and Standards.
Do not use the name, logo, branding, or trademarks of Car Valet Hero or others without permission, and only as outlined in our Trademark Guidelines.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo or another source identifier that may be confused with Car Valet Hero branding.
Do not offer Provider Services that violate the laws or agreements that apply to you.
11.2 Reporting Violations.
If you believe that a Member, Listing or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Car Valet Hero. In addition, if you believe that a Member, Listing or Content has violated our Standards, you should report your concerns to Car Valet Hero. If you reported an issue to local authorities, Car Valet Hero may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
11.3 Copyright Notifications.
If you believe that Content on the Car Valet Hero Platform infringes copyrights, please notify us per our Copyright Policy.
12. Termination, Suspension and other Measures.
12.1 Term.
The agreement between you and Car Valet Hero reflected by these Terms remains in effect until either you or we terminate the agreement per these Terms.
12.2 Termination.
You may terminate this agreement at any time by sending us an email or by deleting your account. Car Valet Hero may terminate this agreement for any reason by giving you a 30-day notice via email or using any other contact information you have provided for your account. Car Valet Hero may also terminate this agreement immediately and without prior notice and stop providing access to the Car Valet Hero Platform if (i) you materially breach these Terms or our Additional Legal Terms, or Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Car Valet Hero, its Members, or third parties (for example in the case of fraudulent behaviour of a Member), or (iv) your account has been inactive for more than two years.
12.3 Member Violations.
If (i) you breach these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) you violate applicable laws, regulations or third-party rights, (iii) you have repeatedly received poor Reviews or Car Valet Hero otherwise become aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Car Valet Hero, its Members, or third parties, Car Valet Hero may:
suspend or limit your access to or use of the Car Valet Hero Platform and/or your account;
suspend or remove Listings, Reviews, or other Content;
cancel pending or confirmed bookings; or
suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Car Valet Hero and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws.
12.4 Legal Mandates.
Car Valet Hero may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 12.3.
12.5 Effect of Termination.
If you are a Provider and terminate your Car Valet Hero account, any confirmed booking(s) will be automatically cancelled and your Customers will receive a full refund. If you terminate your account as a Customer, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Car Valet Hero Platform has been limited, or your Car Valet Hero account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Car Valet Hero Platform through an account of another Member.
12.6 Appeal.
If Car Valet Hero takes any of the measures described in this Section 12, you may appeal such a decision by contacting our customer service.
13. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Car Valet Hero Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised 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 the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the 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 Car Valet Hero Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
14. Resolving Complaints and Damage Claims.
14.1 If a Member provides valid evidence that you or a person acting on your behalf culpably damaged the complaining Member’s property, or property the complaining Member is responsible for, including consequential damages, (“Damage Claim”), the complaining Member can notify Car Valet Hero and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, you authorise Car Valet Hero via Car Valet Hero Payments to collect the amount of the Damage Claim from you.
14.2 If the Provider and Customer cannot resolve, or a Customer fails to pay a Damage Claim, the Provider may notify Car Valet Hero through the Resolution Center under the terms of the Provider Damage Protection Terms and seek compensation. Car Valet Hero will review the Damage Claim and ask the Provider to provide any required evidence (e.g. through appropriate documents, photos, invoices, or third-party experts) which substantiates the Damage Claim and the Damage Claim amount. The Customer will be given the opportunity to respond and provide any relevant counter-evidence. If Car Valet Hero determines, under consideration of the evidence provided, the Provider Damage Protection Terms, and applicable statutory rules on the burden of proof that the Customer is responsible for the Damage Claim, Car Valet Hero (via Car Valet Hero Payments) will pay out the Damage Claim to the Provider. If Car Valet Hero pays out the Damage Claim to the Provider, Car Valet Hero may collect the amount of the Damage Claim from the Customer, including by charging the Customer’s Payment Method up to a maximum amount of 500 EUR. Car Valet Hero may also pursue claims for recovering Damage Claims amounts, including amounts exceeding the maximum amount applicable for charging the Customer’s Payment Method, against a Customer using any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against a Customer. Members may appeal a decision by Car Valet Hero by contacting our customer service. As between Members and Car Valet Hero, the burden of proof regarding the Damage Claim and the Damage Claim amount always lies with Car Valet Hero.
14.3 You agree to cooperate in good faith, provide any information Car Valet Hero requests, execute documents, and take further reasonable action, in connection with Damage Claims, Member complaints, claims under insurance policies, or other claims related to your provision or use of Provider Services.
14.4 Any decisions made by Car Valet Hero about a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
15. Car Valet Hero’s Role.
We offer you the right to use a platform that enables Members to publish, offer, search for, and book Provider Services. When Members make or accept a booking, they are entering into a contract directly with each other. Car Valet Hero is not and does not become a party to or other participants in any contractual relationship between Members. Car Valet Hero is not acting as an agent for any Member except where Car Valet Hero Payments acts as a collection agent as provided in the Payments Terms. While we work hard to ensure our Members have great experiences using Car Valet Hero, we do not and cannot control the conduct or performance of Customers and Providers and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Provider Services or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Members. You acknowledge that Car Valet Hero has no general obligation to monitor the use of the Car Valet Hero Platform and verify information provided by our Members, but has the right to review, disable access to, remove, or edit Content to (i) operate, secure and improve the Car Valet Hero Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Member Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Where we remove or disable Content, we will notify a Member and provide the reasons for such a measure, unless such notification would (a) prevent or impede the detection or prevention of fraud or other illegal activities, (b) harm the legitimate interests of other Members or third parties, or (c) contravene applicable laws. You may appeal such a decision by contacting our customer service. Members agree to cooperate with and assist Car Valet Hero in good faith and to provide Car Valet Hero with such information and take such actions as may be reasonably requested by Car Valet Hero for any investigation undertaken by Car Valet Hero regarding the use or abuse of the Car Valet Hero Platform.
16. Member Accounts and guest users.
If you are a Customer, you can use the platform as a guest user or register an account. If you are a Provider, you must register an account to access and use the features of the Car Valet Hero Platform. The use of the platform is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Car Valet Hero Platform under the laws of the Republic of Ireland, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during bookings, communication and registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Car Valet Hero if you suspect that your credentials have been lost, or stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Car Valet Hero Account unless such activities are not authorised by you and you are not otherwise negligent (such as failing to protect your credentials, as well as reporting the unauthorised use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or their local equivalents.
17. Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Customer, Provider, Provider Service, Listing or a third party and we do not warrant that verification, identity or background checks conducted on Members (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being “verified” (or similar language) indicate only that the Member or Car Valet Hero has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Car Valet Hero Platform. Car Valet Hero may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Car Valet Hero Platform or certain features thereof, if this is necessary for a view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Car Valet Hero Platform.
18. Liability.
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. For any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents, Car Valet Hero’s 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 extent that Car Valet Hero’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, directors, employees, and other agents.
19. 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 (including Car Valet Hero Payments, other affiliates, and their personnel) 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 Terms (including any supplemental or additional terms that apply to a service, product or feature) or our
Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Car Valet Hero Platform, (iii) your interaction with any Member using the Platform, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation 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.
20. Contracting Entities.
Based on your country of residence or establishment and what you are doing on the Car Valet Hero Platform, Schedule 1 below sets out the Car Valet Hero entity with whom you are contracting. If we identify through the Car Valet Hero Platform, a Car Valet Hero entity other than the one set out on Schedule 1 as being responsible for a product, feature or transaction, the Car Valet Hero entity so identified is your contracting entity for that product, feature or transaction.
21. Applicable law and Jurisdiction.
These Terms are governed by and construed by 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 Terms before the competent court of your place of residence or the competent court of Car Valet Hero’s place of business in Ireland. 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.
22. Miscellaneous.
22.1 Other Terms Incorporated by Reference.
Our Provider Damage Protection, Rebooking, Cancelling and Refund Policy, Content Policy, Nondiscrimination Policy, Extenuating Circumstances Policy, Additional Legal Terms, Policies, Standards and other supplemental policies and terms linked to in these Terms apply to your use of the Car Valet Hero Platform, are incorporated by reference, and form part of your agreement with Car Valet Hero.
22.2 Interpreting these Terms.
Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Car Valet Hero and you about your access to or use of the Car Valet Hero Platform and supersede any and all prior oral or written understandings or agreements between Car Valet Hero and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Car Valet Hero. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 23.11 below, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.3 No Waiver.
Car Valet Hero’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.4 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 hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this agreement at any time under Section 12.2 remains unaffected.
22.5 Notice.
Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement, will be provided electronically and given by Car Valet Hero via email, Car Valet Hero Platform notification, messaging service (including SMS and Chat if available), or any other contact method we enable you to provide.
22.6 Third-Party Services.
The Car Valet Hero Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Car Valet Hero is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
22.7 Google Terms.
Some translations on the Car Valet Hero Platform are powered by Google. Google disclaims all warranties related to the translations, expressed or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. Some areas of the Car Valet Hero Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
22.8 Car Valet Hero Platform Content.
Content made available through the Car Valet Hero Platform may be protected by copyright, trademark, and/or other laws of Ireland and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Car Valet Hero and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, licence, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Car Valet Hero Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Car Valet Hero grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable licence to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Car Valet Hero Platform and accessible to you, solely for your personal and non-commercial use.
22.9 Force Majeure.
Car Valet Hero shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.
22.10 Emails and SMS.
You will receive administrative communications from us using the email address or other contact information you provide for your Car Valet Hero account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Car Valet Hero Account. In the EU if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.
22.11 Contact Us.
If you have any questions about these Terms please email us.
Resolving complaints out of court
Alternative dispute resolution (ADR) means settling a complaint out of court with the assistance of an impartial dispute resolution body. Resolving consumer disputes this way is easier, faster and less expensive than going to court.
23. EU/EEA Dispute Resolution and Arbitration Agreement.
23.1 Application.
This Arbitration Agreement only applies to you if your country of residence or establishment is in the EU. If your country of residence or establishment is not in the EU, and you nevertheless attempt to bring any legal claim against Car Valet Hero in the EU, this Arbitration Agreement will apply for the determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
23.2 Overview of Dispute Resolution Process.
Car Valet Hero is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 23 applies: (1) an informal negotiation directly with Car Valet Hero’s customer service team (described in paragraph 23.3, below), and if necessary (2) binding arbitration organisations and agencies as notified or authorised ADR bodies from the public list of authorised ADR bodies published by the Competition and Consumer Protection Commission (CCPC) in the Republic of Ireland or ODR platform provided by the European Commission to make cross border disputes easier to solve. You and Car Valet Hero each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.
23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification.
At least 30 days before 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 the dispute to Car Valet Hero by mailing it to Car Valet Hero, 2 Retreat Ridge, Athlone, Co. Westmeath N37 PX63, IRELAND. Car Valet Hero will send its notice of the dispute to the email address associated with your Car Valet Hero account or identified on your booking checkout. 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 days, only then may either party commence the arbitration by filing an arbitration request (available at https://ec.europa.eu/).
23.4 Agreement to Arbitrate.
You and Car Valet Hero mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Car Valet Hero Platform, Provider Services, or any Content (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.
23.5 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 for (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) 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); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of a criminal offence, 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.
23.6 Arbitration Rules and Governing Law.
This Arbitration Agreement evidences a transaction in interstate commerce and The European Commission’s Consumer Protection Cooperation (CPC) Regulation (EU) 2017/2394 as well as the ADR Directive 2013/11 and ODR Regulation (EU) No 524/2013 governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator by the Consumer Protection Cooperation (CPC) Regulation (EU) 2017/2394 arbitration rules determined to be applicable by the European Commission then in effect, except as modified here. The European Commission Regulations are available at www.commission.europa.eu. To initiate arbitration, a completed written demand must be filed and provided to the other party, as specified in the European Commission Regulations.
23.7 Arbitration Hearing/Location.
To make the arbitration most convenient to you, Car Valet Hero agrees that any required arbitration hearing may be conducted, at your option: (a) in the EU where you reside; (b) via phone or (c) video conference. If the amount in controversy is €2,000 or less, the parties agree to proceed solely with the submission of documents to the arbitrator.
23.8 Attorney’s Fees and Costs.
Your arbitration fees and your share of arbitrator compensation shall be governed by the EU Rules. Either party may request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defence that is groundless in fact or law, brought in bad faith or for harassment, or is otherwise frivolous, as allowed by applicable law.
23.9 Arbitrator’s Decision.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgement on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
23.10 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.
23.11 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. If a claim, cause of action or requested remedy is severed under 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.
23.12 Severability.
Except as provided in Section 23.11, if any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
23.13 Changes to Agreement to Arbitrate.
If Car Valet Hero changes this Section 23 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 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.
23.14 Survival.
Except as provided in Section 23.12, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the Car Valet Hero Platform or terminate your Car Valet Hero Account.
Additional Terms Applicable to Business Users
If you are a Business User as defined in Section 25 of these Terms, the following additional terms will apply to you:
24. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EU and EEA, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified Car Valet Hero that you are a Business User by adding your business details to your Car Valet Hero account. You are responsible for keeping your business details accurate and up to date.
25. Termination, Suspension and other Measures.
In case we take any of the measures according to Sections 12.2 and 12.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 26.
26. Complaints Handling and Mediation.
We want to be transparent about how we handle complaints and aim to treat all Business Users fairly. Our Help Center explains how you can access our internal complaint-handling system and what you can expect as a Business User when you make a complaint about issues falling under the remit of Article 11 (1) of the Platform to Business Regulation. It also sets out the details of the mediation service that you can use if such a complaint is not resolved.
27. Access to Data.
Business Users have access to personal and other data in their Car Valet Hero account and user dashboard which is provided to the Business Users, and their Customers or generated through the use of the Car Valet Hero Platform and which is necessary for the performance of their Provider Services (as well as aggregated information about searches, bookings and the performance of their listings if available). Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.
28. Additional Distribution Channels.
Car Valet Hero operates an affiliate program through which Listings may be featured on third-party websites, such as those for online business catalogue sites, media outlets, loyalty programs, and search aggregators. Listings may also appear in advertisements for Car Valet Hero published on third-party websites from time to time.
Schedule 1 – Contracting Entities
YOUR PLACE OF RESIDENCE OR ESTABLISHMENT: Ireland
YOUR ACTIVITY ON THE CAR VALET HERO PLATFORM: Booking or offering certain services, where Car Valet Hero is identified in the checkout or listing process.
CAR VALET HERO CONTRACTING ENTITY: Car Valet Hero
CONTACT INFORMATION: Car Valet Hero, 2 Retreat Ridge, Athlone, Co. Westmeath N37 PX63, Ireland