Bubbles Car Wash & Detail Centres Unlimited Wash Mobile Application

Terms of Use

  1. Scope of Use. Bubbles Car Wash & Detail Centres (“Bubbles”) provides this mobile application (the “App”) to you, the user of the App (“you” or “your”), for your informational, noncommercial use, and subject to the following Application Terms of Use (these “Terms”). For the purpose of following Terms, references to “we”, “us” and “our” include Bubbles and its affiliates, subsidiaries, agents, representatives, successors and assigns. Using the App to evaluate whether to enter into a business relationship with us will not constitute a commercial use for the purposes hereof. It is a violation of these Terms for you to use the App in violation of any applicable laws and regulations or in violation of the rules or any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject your compliance with these Terms and all applicable international, federal, provincial and local laws, rules and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the App solely for your own personal use not for republication, distribution, assignment, sublicense, sale, preparation of the derivative works, or other use. You may only access and use the App on devices that you own or control and you may not use the App on devices where you do not have all the necessary permissions and rights to use the App. You acknowledge that these Terms are concluded between you and us only and that we, and not Apple Inc. Or Google LLC (collectively, the “App Providers”), are solely responsible for the App, including providing any maintenance or support for the App and any product liability, intellectual property infringement, consumer protection or privacy claims you may have regarding the App. YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THESE TERMS.

  2. Modifications. We reserve the right to modify the App and the rules governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the App and the “Last Updated” date at the top of these Terms will be revised. You understand and agree that if you use the App after the date on which the Terms have changes, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the App at any time without prior notice to you.

  3. Restrictions on Use. You will not use the App for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the App or the server hosting the App nor will you use the App to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the App in any manner that: (i) uploads or transmits any unsolicited advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the App or server hosting the App; (iii) manipulate other wise displays the App by using framing, mirroring or similar navigational technology or directly links to any portion of the App; (iv) uses any robot, spider, scraper or other automatic or manual means to access the App or copies any content or information on the App; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, supplies or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the App; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the App or any hardware, software, system or network connect with the App; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the App or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the App; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that you constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intended to be made accessible to you. Use of the App is limited to persons sixteen (16) years of age or older.

  4. Privacy Policy. You may view a copy of our privacy policy at this link: The Privacy Policy is incorporated into these Terms, and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the App.

  5. Access & Security. We reserve the right to take any action that we deem necessary to ensure the security of the App. You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the App, and we reserve the right to change the access configuration of the App at any time without prior notice.

  6. No Warranties. THE APP AND ALL MATERIALS ON THE APP ARE PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE APP OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE APP. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE APP BEFORE RELYING ON IT. USE OF THE APP IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP OR THE MATERIALS PROVIDED THROUGH THE APP WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 11 BELOW. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP SHALL BE TO DISCONTINUE USING THE APP. YOU ACKNOWLEDGE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APP.

  7. Trademarks. All trademarks, service marks and logos that are used or displayed on the Apps are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the App may be a violation of provincial, national and international trademark laws. Additionally, our custom icons, graphics, logos and scripting on the App may be covered by trademark, trad dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.

  8. Additional Products or Services. The App may make available to you for your purchase or use additional products or services, Use of these products or services is subject to the Additional Products and Service Terms provided below.

  9. Registration, Access & Security. If you use any of our services or provide us any information through the App, including, without limitation, your name, education background, birth date, age, credit card information, address, postal code, phone number, contact details, email address, and/or your password (collectively, your “Account Data”) for any accounts associated with you (your “Account(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable ground to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the App (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the App and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, cots or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security. 

  10. Alternate Login Methods. You may be able to access your account within the App by using features such as fingerprint recognition, facial recognition, or other biometric input, which are specific to your mobile device. These features are provided through your mobile device’s built-in functionality, and we have no responsibility for any failure of these features, either where such failure may prevent you from accessing your account or where such failure may permit an unauthorized third party to access your account. When you use these features, your biometric data is stored on your device and is not transferred to, processed, or stored by us or on our behalf. Be aware that if you enable features such an fingerprint or facial recognition, anyone with a fingerprint or face profile stored on your device may have access to the information contained within the App, including your Account Data.

  11. Reviews, Comments and Other Content. If you post or submit any reviews, comments, photos, statements, ideas, questions or other content, or any names or user names associated with any of the foregoing, to the App or to us (collectively, the “Content”), you acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 4 above) and you may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as the origin of the Content. Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content that you submit or post complies with any applicable guidelines or rules of the Canadian Trade Commission. You represent and warrant that all Content you submit to the App or us is accurate, truthful and non-deceptive and that all Content has evidence to back up the claims made. 

  12. Violation of Rules and Regulations; Disclosure of Information. We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the App, including, without limitation, these Terms, including the right to block access from a particular Internet address to the App, We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

  13. Indemnity. To the extent permitted under applicable law in the jurisdiction in which You reside, You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the App; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms. 

  14. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUR OF THE OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE APP, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (S) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APPS; (V) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE APP; OR (E) WHETHER CAUSED IN WHOLE OR IN PARTY BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APP, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTS TO THE APP; OR (3) VIRUSES.

  15. Third Party Apps. Some links in the App may navigate you away from the App or redirect you to other websites, including websites operated by us and others by third parties. The linked websites operated by third parties are not under our control, and the content available on the linked third party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites.

We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the App is at your own risk. We are under no obligation to maintain any link on the App and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused by or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.

  1. No Fiduciary Relationship. Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on behalf or bind us in any way.

  2. Right to Monitor. We reserve the right to actively monitor the use of the App and use any information gathered during such monitoring for any permissible purpose under the Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from the App that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the App

  3. Electronic Communications and Notice. When you visit the App or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be give and received on the date we transmit any such electronic communication as described in these Terms.

All notices required or permitted under these Terms to us will be in writing and sent by certified mail. Return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Bubbles is Bubbles Car Wash & Detail Centres 9330 51 Avenue NW, Edmonton, AB T6E 5A6. Any notice sent in the manner set forth above shall be deemed sufficiently given for all purposes hereunder (i) in the case of certified mail, on the second business day after deposited in the Canada mail, and (ii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.

  1. Use Outside of Canada. The App is operated by us from our offices within Canada. We make no representation that the information in the App is appropriate or available for use in other locations, and access to the App from territories where the contents of the App may be illegal is prohibited. Those who choose to access the App from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.

  2. Time Limit on Claims Against us. You agree that any claim you may have arising out of or relating to your use of the App or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. 

  3. Severability and Waiver. The any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these terms. 

  4. Assignment. We may assign these Terms or any part of them without restriction or condition. You any not assign or otherwise transfer these Terms on your rights under Terms without our prior written consent and any assignment in violation of this prohibition will be null and void. 

  5. Our Remedies. You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

  6. Third Party Beneficiaries and App Provider Terms. You acknowledge and agree that the App Providers, and their subsidiaries, are third party beneficiaries of these Terms, and that, upon your use of the App (which we consider your acceptance of these Terms), an App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. You further agree to comply with our App Providers’ terms and conditions: (a) Apple Media Services Terms and Conditions; and (b) Google Play Terms of Service, which are incorporated herein and made part of these Terms by this Reference.

  7. How to Contact Us. If you have any questions regarding the App, these Terms, please contact us at: 

By Mail:

Bubbles Car Wash & Detail Centres

Attn: Membership and Mobile App Manager

9330 51 Avenue NW

Edmonton, AB T6E 5A6

 

By Contact Form: https://bubbles.ca/contact-us/

 

Additional Products and Service Terms

Unlimited Wash Membership Terms and Conditions

Privacy Policy