These Terms and Conditions (“Terms”) apply to your access to and use of www.kwash.com (the “Site”), the purchase and sale of products and services offered by Kopetsky Auto Wash LLC, and your participation in any marketing or promotional programs, including our Mobile Messaging Program. These Terms are subject to change by Kopetsky Auto Wash LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these Terms prior to using the Site, purchasing any product or service, or participating in any marketing program. Your continued use of the Site or participation in our services after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before purchasing products or services or participating in our Mobile Messaging Program.
1. Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
2. Prices and Payment Terms
(a)
Prices posted on this Site may be different than prices offered by us at physical locations. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
We strive to display accurate price information; however, we may occasionally make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors and to cancel any orders arising from such occurrences.
(b)
We may offer promotions on the Site that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotion terms will govern.
(c)
Terms of payment are within our sole discretion and, unless otherwise agreed in writing, payment must be received by us before acceptance of an order. We accept approved credit cards and other payment methods made available through the Site.
You represent and warrant that:
(i) the payment information you supply is true, correct, and complete;
(ii) you are authorized to use such payment method; and
(iii) you will pay all charges incurred at the posted prices, including applicable taxes and fees.
3. Shipments; Delivery; Title and Risk of Loss
(a)
We will arrange for shipment of products to you. You will pay all shipping and handling charges specified during the ordering process.
(b)
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipments.
4. Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING LOST PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THESE TERMS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS OR SERVICES ORDERED THROUGH OUR SITE.
5. Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of personal data collected from you in connection with your purchase of products or services and participation in any marketing programs, including our Mobile Messaging Program.
6. Force Majeure
We will not be liable for failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, governmental action, war, terrorism, labor disputes, supply shortages, telecommunications failures, or power outages.
7. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Indiana, without regard to conflict of law principles. Any legal action arising under these Terms shall be brought exclusively in Indiana.
8. No Third-Party Beneficiaries
These Terms do not confer any rights or remedies upon any person other than you.
9. Notices
(a) To You
We may provide notice by email to the address you provide or by posting to the Site.
(b) To Us
To provide notice to us, contact:
Kopetsky Auto Wash
P.O. Box 47068
Indianapolis, IN 46247
Email: support@kwash.com
10. Severability
If any provision of these Terms is invalid or unenforceable, the remaining provisions will remain in full force and effect.
11. Entire Agreement
These Terms, our Website Terms of Use, and our Privacy Policy constitute the entire agreement between you and Kopetsky Auto Wash regarding matters contained herein.
12. Mobile Messaging Program (SMS Terms)
Kopetsky Auto Wash LLC may offer a mobile messaging program (the “Program”) through which you may receive recurring promotional alerts, special offers, marketing communications, and related messages via SMS text message.
(a) Opt-In Consent
By providing your mobile phone number and opting in through:
- Texting a keyword to one of our advertised numbers,
- Submitting a form on our website,
- Enrolling during membership signup,
- Providing consent at a point-of-sale terminal,
- Or otherwise providing express written consent,
you agree to receive recurring automated promotional and marketing text messages from Kopetsky Auto Wash at the number provided.
Consent is not a condition of purchase.
Message frequency may vary.
(b) Participating Numbers
Messages may be sent from, but are not limited to:
+1 (463) 230-9818
+1 (463) 231-3060
+1 (317) 576-3082
These sending numbers may change without notice.
(c) Message and Data Rates
Message and data rates may apply according to your wireless carrier plan. Kopetsky Auto Wash does not charge consumers to receive or reply to text messages; however, your mobile carrier may assess standard messaging charges.
(d) Opt-Out
You may opt out at any time by replying:
STOP
QUIT
END
CANCEL
UNSUBSCRIBE
STOP ALL
You will receive a confirmation message and will no longer receive SMS marketing messages unless you re-enroll.
(e) Help
For assistance, reply HELP to any message you receive or contact:
Email: support@kwash.com
Mail: Kopetsky Auto Wash, P.O. Box 47068, Indianapolis, IN 46247
(f) Privacy
Your mobile number and opt-in information will not be sold to third parties. Information collected through the Program is governed by our Privacy Policy.
(g) Delivery Disclaimer
Delivery of SMS messages is subject to effective transmission by your wireless provider. We are not responsible for delayed or undelivered messages. Mobile carriers are not liable for delayed or undelivered messages.
(h) Program Changes
We reserve the right to modify or discontinue the Program at any time. Continued participation constitutes acceptance of any changes