PLEASE CAREFULLY READ THIS AGREEMENT BEFORE INSTALLING, DOWNLOADING OR OTHERWISE USING THIS CO-OP CARWASH APPLICATION (“APPLICATION”). BY DOWNLOADING THIS APPLICATION YOU AGREE THAT YOU HAVE READ THIS AGREEMENT (“AGREEMENT”), UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS.

The following terms and conditions (“Terms and Conditions”) constitute a legal agreement between you and Federated Co-operatives Limited (“FCL”). By downloading the Application you consent to the transmission of certain device information and to the automatic downloading and installation of Application updates on your mobile device. Your installation of this Application constitutes your acceptance of and agreement to comply with the following Terms and Conditions which FCL may change from time to time without notice. If the Terms and Conditions are updated or amended, FCL will publish the amended version on this Application. It is your responsibility to revisit this site periodically check for such updates as they will be binding on you. The last revision date for these Terms and Conditions is OCTOBER 29, 2019.

1. Application and Use

This Application is provided for your use by FCL. FCL grants to you the personal, non-transferable, non-exclusive right to use and to display one copy of the Application on any mobile device, owned or controlled by you, that supports this Application.

You agree not to use this Application for any purpose except for purposes related to the purchasing of a carwash or carwash subscription. You are responsible for managing your account and password and for keeping your password confidential. You acknowledge that you are solely responsible for any and all activities and transactions that occur on your account or through the use of your password by yourself, or other persons. Paying for a carwash through the Application does not guarantee the availability of the carwash location. Further, your use of the carwash is subject to the terms and conditions of use of each individual carwash location.

2. Third Party Materials

This Application may display, include or make available content, data, websites, information, applications or materials from third parties (“Third Party Materials”). By using this Application, you acknowledge and agree that FCL is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, quality or any aspect of the Third Party Materials. You acknowledge that your use of any Third Party Materials is at your own risk. No endorsement of or affiliation with any Third Party Materials, products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Application. Further, some features of Third Party Materials and applications may be device dependent. Third Party Materials are provided solely as a convenience to you.

3. No Warranty

You use this Application at your own risk. Information provided on the Application is provided “as-is”. FCL does not guarantee the quality, accuracy, completeness or timeliness of the information provided. FCL assumes no obligation to update the Application. Information contained on the Application may be deemed offensive, may contain errors and may be changed without notice. Access to this Application is provided on an “as is” basis. You should not assume that the Application will be error-free or that the Application will operate without interruption. FCL is not responsible for any content or information that you may find undesirable or objectionable.

FCL disclaims all express, implied, or statutory warranties, representations and conditions of any kind with respect to the Application, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, accuracy, quiet enjoyment, or warranties arising from a course of dealing, usage or trade practice.

Further, FCL disclaims all warranties, representations and conditions regarding use of the carwash. FCL is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of, related to or in connections with the use or availability of the carwash, whether such action is in contract, tort (including negligence) or other tortious action.

4. Application Modifications

FCL reserves the right, in its sole discretion to modify, suspend or discontinue any part of the Application at any time, without notice to you or any third party. FCL also reserves the right, in its sole discretion, to impose limits on certain features and services.

5. No Liability

FCL is not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Application or Third Party Materials or in reliance on the information available on the Application or the Third Party Materials, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. FCL disclaims any liability for unauthorized use or reproduction of any portion of the Application.

6. No Solicitation

No part of the Application should be taken to constitute an offer or solicitation to buy or sell products. Certain products may only be available in certain areas or jurisdictions. Products on the Application are made available in accordance with local law and only where they may be lawfully offered for sale.

7. Privacy

This Application collects information based on visitor’s Internet Protocol (IP) address and location if enabled. Information collected also includes a timestamp of every communication, the mobile device make and model and the operating system/ version of the device that is used to access the Application. This data is used to provide localized content, create statistics on Application usage and to improve services.

If you choose to purchase a carwash or carwash subscription, you will be asked to open an account with FCL. Opening an account requires you to complete an online registration form, during which you will be asked to provide your name and email address. You will also be asked by FCL’s payment processor, Moneris, to provide credit card information and postal code, which information is used to process any purchase that you make using this Application. FCL does not save your credit card information on any FCL infrastructure.

This personal information that you provide is necessarily required for the complete functioning of this Application. Any personal information collected, used or disclosed may be used by FCL in the resolution of any issues that arise from the usage of this Application. Further, FCL will share the required personal information with those of its member retail co-operatives when required to facilitate your purchase. Any personal information collected, used or disclosed by FCL is subject to FCL’s policy related to the protection of personal information which policy can be found at https://www.fcl.crs/contact-us/app-privacy.

8. Viruses

While every effort is made to ensure that all information provided on the Application does not contain viruses, you should take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your device. You must follow your mobile device provider’s security recommendations to protect against any malware or virus.

8. Confidentiality Warning

Mobile-internet applications (including this Application) are not a secure medium and confidentiality cannot be ensured. FCL will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to FCL through this Application, or that you expressly or implicitly authorize FCL to make.

10. Trade-marks and Copyright

The content displayed on this Application is owned by or licensed to FCL, and FCL shall retain any and all ownership and intellectual property rights in the Application. The Application is protected by copyright, trade-mark, intellectual property and other law. You must comply with all such laws and applicable copyright, trade-mark or other legal notices or restrictions. Nothing contained on this Application should be construed as granting, by implication or otherwise, any license or right to use any trade-mark displayed on this Application without the prior written permission of FCL. Any unauthorized downloading, retransmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal or common law, trade-mark and/or copyright laws and could subject the copier to legal action.

11. Conformance with Law

You agree that your use of the Application shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.

12. Choice of Law

The laws of the Province of Saskatchewan shall govern as to the interpretation, validity and effect of this Agreement without application of any principles of conflict of laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or proceeding instituted under or related to this Application.