Website Terms & Conditions
Accessing the Website
By accessing and using the Website at any time, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy you should cease using our services and the Website immediately.
We may revise these Terms at any time and reserve the right to do so. You should check the Website regularly to review the current Terms. You will be subject to the Terms in force at the time that you use the Website.
When you create an account or make an enquiry on the Website, you must provide us with personal information, such as your name, contact number and email address. We may also request additional information from you in order to answer your query or provide our services. We will handle all personal information we collect in accordance with our Privacy Policy.
If you create an account with Magic HCW, you will be required to create a username and password. You are responsible for keeping your username and password secure, and for all use and activity carried out under your username and password. You must not share, give or sell your username or password to any person or company. You must take all actions possible to protect your username and password from fraudulent use. You agree to release and indemnify Magic HCW in connection with any loss or damage suffered by any party in connection with any use (whether authorised or unauthorised) of your username or password.
Your licence to use the Website
You are permitted to use the Website for your own personal, non-commercial use on the following basis:
- You must not misuse the Website.
- Unless otherwise stated, the copyright and other intellectual property rights on the Website and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with the “Third party websites” section below is prohibited.
- You may not use, modify, adapt, translate, create derivative words of, decompile, disseminate, reverse engineer, merge or reproduce any of the materials on the Website for commercial purposes without obtaining a licence to do so from us.
Except as stated above, the Website may not be used, and no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service, without obtaining prior written permission from Magic HCW.
Any rights not expressly granted in these Terms are reserved.
Availability of the Website
While we try to ensure the Website is available 24 hours a day, we do not undertake any obligation to maintain this and will not be liable to you if the Website is unavailable or otherwise not fully or properly functioning at any time or for any period.
Access to the Website may be suspended temporarily at any time and without notice.
The transmission of information via websites is never completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Website and any transmission of information is at your own risk.
Website links
Third party websites
Magic HCW provides links to third-party websites on the Website solely for your convenience. Using these links will result in you leaving the Website. We do not review nor control any of these third-party websites, and do not assume responsibility or liability for the review or control of these websites or their content or availability. We do not endorse or make any representation about these websites, their content, or the results from using such websites. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk. We do not represent or warrant that any third-party website, is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems.
Linking to the Website
You may link to the Website, provided that:
- you do so in a fair and legal way which does not damage or take advantage of our reputation;
- you do not establish a link from a website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
- any website you link our Website to must comply with the content standards set out in these Terms; and
- we have the right to withdraw linking permission at any time and for any reason.
Liability and indemnity
Magic HCW will abide by its obligations pursuant to the Australian Consumer Law. Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Website (including the use, inability to use or the results of use of the Website) for:
- any loss of profits, sales, business, or revenue;
- loss or corruption of data, information or software;
- loss of business opportunity;
- loss of goodwill; or
- any loss not arising naturally or not arising according to the usual course of things from the relevant breach or acts or omissions.
You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of using our services.
You agree to indemnify and hold Magic HCW, its members, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of any act or omission by you or your vehicle, your breach of these Terms, your use of the Website or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
Disclaimer
We may make changes to the material on the Website, at any time, without notice. This includes changes to any services listed on the Website.
We grant you access to the Website on the basis that, to the maximum extent permitted by the law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Website (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Website, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
Any prices listed on our Website are in Australian dollars unless otherwise stated. These prices may exclude additional charges (such as taxes) and are subject to change without notice. You may be charged more if your vehicle is heavily soiled.
To the extent that the Website and the information and services on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
We do not represent or warrant that the Website or any other material accessible from the Website, is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
Content liability
We are not liable for any content appearing on your Website. You agree to indemnify and protect us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
Terminating your right to use the Website
At our absolute discretion, Magic HCW may terminate or suspend your right to use the Website or any feature on the Website immediately by notifying you in writing (including by email) if we believe that you have breached any of these Terms or the Privacy Policy.
Upon termination or suspension, you must immediately destroy any downloaded or printed extracts from the Website.
Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email (if provided) or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Severability
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
No waiver
Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
Assignment
You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
Headings and explanations
The headings and explanations in these Terms are included for convenience only and do not affect their interpretation.
Governing law and jurisdiction
These Terms are governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) are subject to the exclusive jurisdiction of the courts of Victoria.
CONDITIONS OF ENTRY
Acceptance of Risk: By entering the premises, you acknowledge and accept that car washing and related services involve certain risks, including but not limited to damage to your vehicle or personal property. Magic Hand Car Wash and its operators will not be liable for any such damages unless caused by negligence.
Vehicle Condition: You must ensure that your vehicle is in suitable condition for washing. Magic Hand Car Wash is not responsible for pre-existing damage, including loose or damaged parts, non-factory-installed accessories, or deteriorated paintwork.
Vehicle Modifications: Vehicles with modifications or non-standard accessories (e.g., spoilers, antennas, roof racks) may be subject to additional risks. Magic Hand Car Wash does not take liability for any damage and reserves the right to refuse service if the vehicle is deemed unsuitable for the wash process.
Removal of Personal Items: Please remove all personal items, including electronics, valuables, and loose objects from your vehicle before entering the wash area. Magic Hand Car Wash is not responsible for any loss or damage to personal items left in the vehicle.
Compliance with Instructions: Customers must follow all instructions provided by staff, including the proper alignment of the vehicle on the wash track and adherence to posted signage. Failure to comply may result in refusal of service or liability for any resulting damage.
No Liability for Delays: Magic Hand Car Wash is not liable for any delays caused by high demand, equipment malfunction, or unforeseen circumstances.
Right to Refuse Service: Magic Hand Car Wash reserves the right to refuse service to any customer or vehicle that poses a safety risk or does not meet the required standards for entry.
Payment Terms: All services must be paid for in full at the time of service unless otherwise arranged. Failure to pay may result in refusal of service or additional charges.
Behaviour on Premises: Customers must conduct themselves in a respectful and non-disruptive manner while on the premises. Abusive or aggressive behaviour towards staff or other customers will not be tolerated and may result in removal from the premises.
No Unauthorized Access: Access to restricted areas of the car wash is prohibited. Only authorized personnel are allowed in these areas.
Children and Pets: Children and pets must remain supervised at all times during the wash process for their safety.
Environmental Considerations: Magic Hand Car Wash is committed to environmental sustainability. Please follow any guidelines related to water use, waste disposal, and recycling as posted on the premises.
Liability Waiver: By entering the premises and using the services, you agree to release and hold harmless Magic Hand Car Wash and its operators from any claims or liability arising from the use of the car wash, except where caused by negligence.
Changes to Conditions: Magic Hand Car Wash reserves the right to modify these conditions of entry at any time. Please review the conditions upon each visit to ensure compliance.
Disputes: Any disputes arising from the use of services must be reported to management on the day of service. Magic Hand Car Wash will make every effort to resolve disputes promptly and fairly.
BOOKINGS AND PAYMENT TERMS & CONDITIONS
Booking times are approximate and may vary slightly. We appreciate your understanding.
Cancellation Policy:
Cancellations made at least 3 hours prior to the scheduled appointment are acceptable and eligible for a refund. No refunds are provided for cancellations made within 3 hours of the appointment. Instead, a store credit will be issued. Refunds do not include credit card surcharges.
No-Show Policy:
No refunds or store credits will be issued for no-shows.
Late Arrivals:
If you are running significantly late, please contact the store as soon as possible. Failure to do so may result in forfeiture of your appointment without a refund or credit.
Incorrect Bookings:
No refunds or credits will be provided for bookings made at the wrong store, for the wrong service, or for the wrong car size.
Store Credit Usage:
If you have received a store credit, you must rebook your appointment through our website.
MAGIC WASH CLUB TERMS & CONDITIONS
The Wash Club is available exclusively at the following locations: Richmond, Kingsbury, Frankston, Balcatta, and Booragoon.
By requesting car washing and related services (collectively, “Services”) from the operator of this Magic Hand Car Wash business (“Operator”), and if the Operator agrees to provide those Services, you and the Operator agree that, subject to any non-waivable legal rights, neither the Operator nor Magic Hand Car Wash Pty Ltd will be liable for any loss or damage you may suffer or incur in connection with the provision of Services by the Operator. This includes, without limitation, any loss or damage to your vehicle or other personal property.
As a Wash Club member, you agree to the following terms and conditions:
- Wash Club membership entitles you to unlimited washes for one registered vehicle per month. The membership is restricted to one vehicle per month per membership.
- Subscription memberships are automatically renewed on a monthly basis from the start date. For example, if you purchase your membership on January 1, 2025, your next payment will be charged on February 1, 2025. By purchasing a subscription membership, you agree to direct debit payments.
- Casual monthly memberships expire one month from the date of purchase. For example, if you purchase a Wash Club membership on January 1, 2025, it will be valid until January 31, 2025, but will not be valid on February 1, 2025.
- Membership is limited to one wash per vehicle per day.
- Wash Club membership will be automatically deactivated if we are unable to charge your nominated credit/debit card.
- Members must notify Magic Hand Car Wash of any changes to vehicle registrations by completing the ‘Change My Rego’ request form online. The reason for the change must be included, and Magic reserves the right to decline the registration change based on the provided reason. The request will be processed within a specified number of days. Vehicle registration can only be changed for specific reasons and may only be done once per month.
- Credit/debit card details, email address, and mobile number can be updated through your Stripe Customer Account.
- Wash Club membership can be cancelled at any time through your Stripe Customer Account. Upon cancellation, your membership will remain valid for the remainder of the current payment cycle. For example, if your membership renews on the 1st of the month and you cancel on the 15th, your membership will remain active until the end of that month. Cancellation notice must be given at least 48 hours prior to the membership renewal date.
- Magic Hand Car Wash is not liable for refunding any unused portion of the plan due to early cancellation.
- Magic reserves the right to close any store or change its hours of operation at its discretion.
- Magic reserves the right to modify or cancel the Wash Club program and membership at any time.
- Magic Hand Car Wash has the right to enforce a fair-go policy to ensure the program’s fair use.
- The Wash Club program cannot be combined with any other programs or discounts.
- Wash Club membership is non-transferable.
- If your membership does not appear as active in Magic’s system, you will be required to provide proof of purchase.
GENUINE RECOMMENDATION TERMS & CONDITIONS
Welcome to the “Genuine Recommendation” feature provided by Magic Hand Car Wash (“we,” “our,” “us”). By utilizing this feature, you agree to comply with and be bound by the following terms and conditions.
- Introduction
The “Genuine Recommendation” feature is designed to assist customers in selecting the most suitable car wash type for their vehicle by answering three specific questions. Upon completion of the questionnaire, customers will receive a personalized car wash recommendation followed by a 10% discount code sent to their provided email address.
- Eligibility
This feature is available to individuals who are at least 18 years of age and possess a valid email address. By participating, you confirm that you meet these eligibility requirements.
- How the Feature Works
To access the “Genuine Recommendation” feature, you must answer three questions about your vehicle. Based on your responses, the system will generate a recommended car wash type tailored to your vehicle’s specific needs. After submitting your answers, a 10% discount code will be emailed to the address you provided during the process.
- Use of Information
By participating in this feature, you agree to provide accurate and complete information as requested. The information collected will be used solely for generating the car wash recommendation and issuing the discount code. We respect your privacy and handle your personal information in accordance with our Privacy Policy, which is available on our website.
- Issuance of Discount Code
Upon successful completion of the questionnaire, a unique 10% discount code will be sent to the email address you provided. This discount code is intended for one-time use and must be redeemed within thirty (30) days from the date of issuance unless otherwise specified.
- Terms of the Discount
The 10% discount code is applicable only to the recommended car wash type and cannot be combined with any other promotions, discounts, or offers. The discount applies to the total cost of the service before taxes and additional fees. The discount code is non-transferable, non-refundable, and cannot be exchanged for cash or applied to previous purchases.
- Disclaimer and Limitation of Liability
While we strive to provide accurate and helpful recommendations, Magic Hand Car Wash does not guarantee the suitability or effectiveness of the recommended wash type for your vehicle. The use of the recommendations is at your own risk. Magic Hand Car Wash and its operators shall not be liable for any damages or losses arising from the use of this feature or reliance on the recommendations provided, except where such damages or losses are caused by our negligence.
- Modifications to the Feature
Magic Hand Car Wash reserves the right to modify, suspend, or discontinue the “Genuine Recommendation” feature at any time without prior notice. We also reserve the right to update these terms and conditions as necessary. Any changes will be posted on our website, and continued use of the feature constitutes acceptance of the revised terms.
- Acceptance of Terms
By using the “Genuine Recommendation” feature, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms, please refrain from using the feature.
- Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Magic Hand Car Wash operates. Any disputes arising from the use of the “Genuine Recommendation” feature shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
- Contact Information
If you have any questions or concerns regarding these terms and conditions or the “Genuine Recommendation” feature, please contact us at [insert contact information].
WEATHER OFFER TERMS & CONDITIONS
Welcome to the Weather-Based Discount Offer provided by Magic Hand Car Wash (“we,” “our,” “us”). By participating in this offer, you agree to comply with and be bound by the following terms and conditions.
- Introduction
The Weather-Based Discount Offer allows customers to receive a discount on car wash services based on the weather conditions at their selected Magic Hand Car Wash location. This discount is valid only for the day of selection and must be redeemed at the chosen store within its regular business hours.
- Eligibility
This offer is available to all customers who select their nearest Magic Hand Car Wash location through our website. The offer is limited to one discount per customer per day and is subject to the weather conditions at the selected location.
- How the Offer Works
To participate in the Weather-Based Discount Offer, customers must select their nearest Magic Hand Car Wash location from the list provided on our website. Based on the current weather conditions at that location, a specific discount will be offered. The discount will be displayed on the website and must be used on the same day at the selected store within its business hours.
- Terms of the Discount
The discount is valid only at the store selected during the offer process and must be redeemed on the same day as it is issued. The discount is applicable only to car wash services and cannot be combined with any other promotions, discounts, or offers. The discount is non-transferable, non-refundable, and cannot be exchanged for cash or applied to previous purchases.
- Redemption of the Discount
To redeem the discount, customers must present proof of the offer (e.g., email, SMS, or screenshot) at the time of payment at the selected Magic Hand Car Wash location. The discount is valid only during the store’s regular business hours on the day it is issued. Failure to use the discount on the same day will result in forfeiture of the offer.
- Weather Conditions and Offer Availability
The availability and amount of the discount are determined by the weather conditions at the selected location and may vary throughout the day. Magic Hand Car Wash reserves the right to modify or cancel the offer based on changing weather conditions or other factors beyond our control.
- Disclaimer and Limitation of Liability
While we strive to provide accurate weather-based discounts, Magic Hand Car Wash does not guarantee the availability or accuracy of the offer. The use of the offer is at your own risk. Magic Hand Car Wash and its operators shall not be liable for any damages or losses arising from the use of this offer or reliance on the weather conditions provided, except where such damages or losses are caused by our negligence.
- Modifications to the Offer
Magic Hand Car Wash reserves the right to modify, suspend, or discontinue the Weather-Based Discount Offer at any time without prior notice. We also reserve the right to update these terms and conditions as necessary. Any changes will be posted on our website, and continued use of the offer constitutes acceptance of the revised terms.
- Acceptance of Terms
By participating in the Weather-Based Discount Offer, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. If you do not agree to these terms, please refrain from participating in the offer.
- Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which Magic Hand Car Wash operates. Any disputes arising from the use of the Weather-Based Discount Offer shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.
- Contact Information
If you have any questions or concerns regarding these terms and conditions or the Weather-Based Discount Offer, please contact us at support@magicwash.com.au
Last updated: 30th August 2024