1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Heyluno (Pty) Ltd, trading as Vask ("Vask", "we", "us", or "our"), governing your access to and use of the Vask platform, including our website, mobile application, and related services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

2. About Vask

Vask is a technology platform that connects users seeking carwash services with independent carwash businesses. We are an intermediary only and do not provide carwash services ourselves. We are not a party to the service agreement between users and businesses. Heyluno (Pty) Ltd is a registered company in South Africa.

Important: Each carwash business listed on our Platform operates independently and may have their own terms and conditions, policies, and procedures. You are responsible for reviewing and agreeing to any individual business terms before booking their services. Where business terms conflict with these Platform Terms, the business terms will govern the service delivery itself, while these Terms govern your use of the Platform.

3. Definitions

"User" refers to any individual who uses the Platform to search for and book carwash services.
"Business" refers to independent carwash service providers who list their services on the Platform.
"Booking" refers to a reservation for carwash services facilitated through the Platform.
"Service" refers to carwash services offered by Businesses and delivered directly by those Businesses.

4. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under South African law to use the Platform. By using the Platform, you represent and warrant that you meet these eligibility requirements.

5. Account Registration and Security

To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access or security breach.

1. Platform Functionality

The Platform allows you to:

• Browse and search for carwash businesses and their services
• View business information, pricing, availability, and reviews
• Make and manage bookings
• Process payments securely
• Communicate with businesses regarding bookings
• Leave reviews and ratings

2. User Conduct on the Platform

When using the Platform, you agree to:

• Provide accurate information when creating bookings
• Use the Platform only for lawful purposes
• Not make fraudulent or false bookings
• Not abuse, harass, or threaten other users or businesses
• Not attempt to circumvent the Platform to avoid fees
• Not interfere with or disrupt the Platform's operation or security
• Not use automated systems to access or collect data from the Platform
• Comply with individual business policies and requirements

3. Reviews and User Content

You may post reviews, ratings, and feedback about businesses. By posting content, you grant Vask a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content. You represent that:

• Your reviews are based on genuine experiences
• Your content is truthful and not defamatory
• You own all rights to content you post
• Your content does not violate any laws or third-party rights

We reserve the right to remove any content that violates these Terms or is otherwise inappropriate.

4. Prohibited Activities

You may not:

• Violate any laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful code, viruses, or malware
• Engage in data scraping or automated data collection
• Impersonate others or create false identities
• Manipulate reviews or ratings
• Use the Platform to compete with Vask

1. Business Registration and Verification

To list your carwash business on the Platform, you must register and provide accurate information about your business, including registration details, location(s), services offered, and pricing. You must maintain all necessary licenses and permits required to operate a carwash business in South Africa. We reserve the right to verify your credentials and reject or suspend listings.

2. Business Information and Accuracy

You agree to:

• Provide accurate, current, and complete information about your services and pricing
• Keep your availability calendar updated
• Update information promptly when changes occur
• Clearly communicate any special requirements or limitations
• Display your own terms and conditions to users where applicable

3. Platform Fees and Payments

Vask charges a service fee for facilitating bookings through the Platform. The fee structure will be communicated to you during registration and may be updated with reasonable notice. Fees are deducted from payments processed through the Platform. Payments for completed services are transferred according to your payment schedule, typically within 5-7 business days, less applicable fees and any chargebacks or refunds.

4. Business Responsibilities

As an independent service provider using the Platform, you are responsible for:

• The quality and delivery of your services
• Compliance with all applicable laws and regulations
• Maintaining appropriate insurance coverage
• Employing qualified and trained staff
• Vehicle damage or issues arising from your services
• Honoring bookings made through the Platform
• Handling customer service and complaints related to service delivery
• Your own terms and conditions with customers

5. Business Conduct

You agree not to:

• Collect payment outside the Platform for bookings made through Vask
• Solicit users to bypass the Platform
• Misrepresent your services or capabilities
• Discriminate against users on prohibited grounds
• Manipulate reviews or ratings

1. Making and Confirming Bookings

Bookings are made through the Platform by selecting a business, service, and time slot. A booking becomes confirmed when you receive confirmation from the Platform. The confirmation creates a service agreement between you and the business - Vask is not a party to this agreement.

Note: Individual businesses may have specific booking policies, preparation requirements, or service conditions. Review these carefully before confirming your booking.

2. Payment Processing

All payments are processed through our secure payment system using third-party payment processors. We do not store complete payment card information. By providing payment information, you authorize charges for all fees incurred. Prices are in South African Rand (ZAR) and include VAT unless stated otherwise.

3. Cancellations and Refunds

Platform Cancellation Policy (Default):

• More than 24 hours before appointment: Full refund
• 6-24 hours before appointment: 50% cancellation fee
• Less than 6 hours before appointment: No refund

Individual Business Policies: Businesses may set their own cancellation policies, which will be clearly displayed before booking. Where business policies differ from the Platform default, the business policy applies and will be shown during the booking process.

If a business cancels a confirmed booking, you will receive a full refund. No-shows may result in full charges and account restrictions.

4. Pricing and Additional Charges

Service prices are set by businesses and displayed on the Platform. You may incur additional charges for extra services, cancellation fees, or no-show fees. All additional charges require your authorization before processing.

5. Payment Disputes

If you dispute a charge, notify us within 7 days. We will investigate and respond within a reasonable timeframe. Initiating a chargeback without contacting us first may result in account suspension.

1. Platform Role and Limitation of Liability

Vask is a technology platform only. We connect users with independent carwash businesses but are not a party to the service agreement. We do not provide carwash services and are not responsible for:

• The quality, safety, or legality of services provided by businesses
• Damage to vehicles occurring during services
• Loss or theft of items from vehicles
• Actions or omissions of users or businesses
• Disputes between users and businesses regarding service delivery
• Business compliance with their own terms and conditions

2. Platform Liability Limitations

To the maximum extent permitted by South African law, our total liability for any claims arising from your use of the Platform shall not exceed the platform fees you paid in the 12 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, loss of profits, or business interruption.

Platform Service Issues: We are only liable for issues directly related to Platform functionality (such as booking system failures, payment processing errors, or data security breaches), not for service quality or delivery issues which are the responsibility of individual businesses.

3. Business Liability

Businesses are independently responsible for their services and any damage caused during service delivery. Under the Consumer Protection Act, businesses are strictly liable for harm caused by their negligence. Users should direct service-related claims to the business that provided the service. We may facilitate dispute resolution but are not obligated to intervene.

4. Insurance

Users should maintain comprehensive vehicle insurance. Businesses must maintain appropriate public liability and professional indemnity insurance. Vask does not provide insurance coverage for users or businesses.

5. Dispute Resolution Process

For service-related disputes between users and businesses:

1. Contact the business directly first
2. If unresolved, submit a dispute report through the Platform within 7 days
3. Provide documentation, photos, and evidence
4. Vask may facilitate mediation at its discretion
5. You may also contact the National Consumer Commission or approach the courts

6. Indemnification

You agree to indemnify Vask and Heyluno (Pty) Ltd from any claims arising from your use of the Platform, violation of these Terms, or infringement of any rights of another.

7. Governing Law

These Terms are governed by South African law. Disputes shall be subject to the exclusive jurisdiction of South African courts.

1. Information We Collect

We collect information you provide directly, including:

• Account Information: Name, email, phone number, password
• Profile Information: Vehicle details, preferences
• Payment Information: Processed securely by third-party providers
• Booking Information: Service history, preferences, reviews
• Communications: Messages with businesses and support inquiries
• Location Data: GPS location when using mobile app (with permission)

2. How We Use Your Information

We use information to:

• Provide, maintain, and improve the Platform
• Process bookings and payments
• Communicate about bookings and account matters
• Send marketing communications (with consent)
• Provide customer support
• Detect and prevent fraud and security issues
• Comply with legal obligations

3. Information Sharing

We share your information:

• With Businesses: Necessary booking and contact information to fulfill bookings
• With Service Providers: Third parties who perform services for us (payment processing, analytics)
• For Legal Reasons: When required by law or to protect rights and safety
• Business Transfers: In connection with mergers or sale of business

We do not sell your personal information.

4. POPIA Compliance and Your Rights

We comply with the Protection of Personal Information Act (POPIA). You have the right to access, correct, delete, object to processing, and withdraw consent. You may also lodge complaints with the Information Regulator.

5. Data Security and Retention

We implement appropriate security measures to protect your information. We retain information as long as necessary for the purposes outlined, unless longer retention is required by law. Upon account deletion, we delete or anonymize your information, except where retention is legally required.

6. Cookies and Tracking

We use cookies and similar technologies to improve your experience. You can control cookies through browser settings.

7. Contact for Privacy Matters

For privacy inquiries or to exercise your POPIA rights:
Email: privacy@vask.co.za
Heyluno (Pty) Ltd, [Physical Address], South Africa

1. Your Consumer Protection Rights

As a South African consumer, you have rights under the Consumer Protection Act (CPA) 68 of 2008. These Terms are subject to the CPA, and nothing herein limits your CPA rights. Key rights include:

• Right to fair value and good quality services
• Right to receive services performed with reasonable care and skill
• Right to clear information in plain language
• Right to fair and honest dealing
• Right to privacy and data protection
• Right to select service providers

2. Service Provider Liability Under CPA

Important Distinction: Under the CPA, the business providing the carwash service is strictly liable for harm caused by negligence, including vehicle damage. Vask, as a platform intermediary, is not the service provider and therefore not liable for service-related issues. Your CPA rights apply to the relationship between you and the business providing the service.

3. Complaints and Dispute Resolution

For complaints about services or consumer rights violations:

1. Contact the business directly
2. If unresolved, contact Vask support at support@vask.co.za
3. Lodge a complaint with the National Consumer Commission
4. Refer disputes to the Consumer Tribunal or courts

4. Contact Information

Vask Support: support@vask.co.za | 012 055 5617
National Consumer Commission: www.thencc.gov.za | 012 428 7000 | complaints@thencc.org.za

1. Intellectual Property

All Platform content is property of Heyluno (Pty) Ltd and protected by intellectual property laws. You may not copy, reproduce, or create derivative works without written permission.

2. Account Suspension and Termination

We may suspend or terminate accounts for Terms violations, fraudulent activity, or other reasons that may harm the Platform or users. You may terminate your account anytime through account settings.

3. Modifications

We may modify these Terms by posting updates with a revised "Last updated" date. Continued use constitutes acceptance. We may also modify, suspend, or discontinue Platform features at any time.

4. Third-Party Links

The Platform may contain links to third-party sites. We are not responsible for third-party content, privacy practices, or availability.

5. Severability and Waiver

If any provision is invalid or unenforceable, remaining provisions remain in effect. Our failure to enforce provisions does not constitute waiver.

6. Contact Information

Vask Platform Support
Email: support@vask.co.za
Phone: 012 055 5617