• Car wash chain
  • Customer Service
  • LT RU
    • Terms of Service

    H2AUTO APP and website TERMS OF SERVICE

    effective as 2021.08.16

     

    These terms of service (hereinafter – the “Terms”) govern Your access to the H2AUTO website and app (the “App”), electronic services, content and any functionality provided in the App or website.

     

     

    [Delca invest, UAB, code 303251135, address Parodų g. 2, LT-04133 Vilnius; Manta CWS, UAB, code 304492648, address Gėlyno g. 10, LT-68100 Marijampolė], and as the context may require referred to as “Company”, “We”, “Our”, “Us”, etc. has developed, owns and maintains the App. The Company is a member of the ELCA group of companies.

     

    By accessing, creating an account and/or using the App You confirm that You have read these Terms and You enter into legally binding agreement with the Company, as well as agree to be bound by these Terms.

     

    The main purpose and functionality of the App is to facilitate and assist You to use, pay and monitor the Company’s car wash and related car maintenance services („H2AUTO Services”).

     

    If You do not agree to be bound by these Terms, please do not install and do not use the App.

     

     

    Using the App

    The App may be used by persons aged at least 16 years old. You are disallowed to install and use the App if You are a competitor of Our business, or if You have been prohibited to access the App, or if Your account was closed due to any reason, or if You are unauthorized or disallowed to use the H2AUTO Services for any reason.

     

    We grant You a permission to use the App subject to the restrictions set forth in these Terms. Your use of the App is at Your own risk, including the risk that while using the App You might be exposed to services that are incomprehensible, inaccurate, misleading, You may experience loss of Your personal data, or loss of money and incur other harm. We reserve the right to suspend or refuse the App and / or the H2AUTO Services to anyone at any time for any reason.

     

    The App may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to You, caused by this.

     

    If You are installing the App for the business use, You shall have the right to act, to use H2AUTO Services and to make payments on behalf of that business, and to accept these Terms in the name of the respective business.

     

    In order to use the functionality offered by the App, You must create an account and provide certain information about Yourself, including personal data and payment instrument data. You are responsible for maintaining the security and confidentiality of Your account password. You are also responsible for all activities that occur in connection with Your account, as well as the correctness of Your information. You agree to notify us immediately of any unauthorized use of Your account. We reserve the right to close or restrict Your account at any time for any or no reason.

     

    You agree to provide only true, complete and precise information about Yourself. It is strictly prohibited to impersonate someone else, create or use an account for anyone other than Yourself, provide an email address other than Your own, or create an account for multiple users. In order to establish Your identity, We may require payment data and We may use such data for the identity verification. For more information on how We use Your personal data please read our Privacy Policy.

     

     

    By creating an account, You agree to receive certain communications from Us. For example, You might receive offers, marketing materials, responses or other messages. We may also send You newsletters. You can opt-out of marketing communication at any time.

     

     

     

    Payments and refunds

    The App functionality includes payment for the H2AUTO Services, which are ordered, paid for and rendered instantly, and/or may include subscription payments, and/or automatic balance (refill) payments depending on Your service level and Your preferences. You choose the Service level, payment type and the payment method Yourself when You sign up for the App. You may change it in App Settings.

     

    You confirm that You have the legal right to use the payment instrument (payment card or other instrument) that You have registered with the App and that such payment instrument contains or provides sufficient funds to cover Your use of the H2AUTO Services. The payment instrument registered with the App must allow automatic withdrawals from the linked payment account.

    Charges for the H2AUTO Services will be automatically debited from the payment instrument registered with the App, or against Your balance that You have in the App (if applicable). In case of failure of automatic withdrawals from the linked payment instrument, due to insufficient funds We have the right to charge 5 EUR (five euros) administrative fee and to suspend (or cancel in repetitive cases) Your account.

    On the last day of the subscription period, and in other cases (e.g. at the end of accepted service period, or when Your App balance falls under the default amount), payment for the next period or balance refill charges will be automatically debited from the payment instrument registered with the App, or against Your balance that You have in the App (if applicable), unless You decide to not to renew the subscription or cancel Your use of the App and/or the H2AUTO Services.

     

    Charges for the H2AUTO Services are calculated in accordance with the pricing provided in the App and the pricelist published at the H2AUTO Service locations. If You accept automatic subscription payments and pay them, for the paid for subscription period you will receive discount on the H2AUTO Service price as indicated in the App. Pricing will revert to standard after expiration of the chosen subscription period or if the automatic subscription payment was refused. We may change the prices unilaterally at any time, by announcing the changes in the App or at the H2AUTO Service locations.

    Upon ordering and paying for the H2AUTO Services or subscription payment (default), or at the end of the agreed period (a calendar month if no other period is selected) We will generate and provide You with an receipt in the App. If You have registered as a juridical user, App will generate one invoice covering all receipts of the current month, at the end of the month. If You have registered as a regular user, App will not generate invoice, unless You have selected the need for invoice in the settings of the App. For any payments made via website invoice will be issued upon request made via email info@h2auto.lt or phone number +370 677 00222 not later than five days after the payment day. Upon receiving the invoice, You must verify if the data provided in the invoices are true and correct immediately. Any claims related to the information provided in the invoices, received later will not be accepted and the invoice will be considered agreed by You.

     

    We seek Your full satisfaction with our services. If You experience a problem with H2AUTO services, We would like to troubleshoot an issue You experience first. Please contact us immediately through the phone numbers indicated in the H2AUTO Service locations, if You were not able to use H2AUTO Services as expected or if You had any other problem. In cases, when We confirm that Your App balance or Your App-linked payment instrument was charged, but You were not able to use the H2AUTO Services properly, We may offer a refund, however refunds are not available 48 hours after the charge was assessed.

     

    If You wish to claim a refund for the unused part of Your balance, You can do so at any time. Balance which was used to pay for the H2AUTO services is non-refundable.

    You have a right to cancel Your use of the App, H2AUTO Services, and to close Your App account at any time. You can cancel an automatic balance subscription from Your App at any time.

     

    Any refunds shall be returned into the same payment instrument, from which the original payment was made. Payments made using pre-paid cards or gift cards will not be refunded. No refunds will be considered for accounts suspended or terminated for violation of these Terms.

     

     

    Your App Information

    Your personal data, Your payment and contact information, as well as any other information that is registered the App, including payment instruments, payment information, communication with the Us, comments and ratings, also, other information which is/was provided in Your App account is considered “Your App Information.” You alone are responsible for Your App Information, and once provided, it cannot always be withdrawn. You assume all risks associated with Your App Information, including its accuracy, truthfulness, reliability, or any disclosure by You.

    You represent that You have the rights or the necessary permissions to use and provide Your App Information.

    You understand that You may be subject to legal liability, including criminal, administrative and civil liability, for Your App Information that contains false, misleading, or unauthorized information; information that violates any third-party right, including privacy rights, or any other proprietary right; information that is unlawful, including unauthorized payment instruments, false identity information or other information that violates any law or regulation.

     

    We process Your App Information for the purposes of providing the H2AUTO Services, and other purposes outlined in the Privacy Policy.

     

    Rights to the App

    We are the exclusive owner of the intellectual property rights to the App, including, but not limited to, the design and content of the App, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the App excluding Your personal data or the third party content.

    We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world related to the App and the H2AUTO Services, which are protected by copyright, trade mark, patent laws and all other applicable intellectual and proprietary rights.

     

    You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the elements of the App in whole or in part.

    We may publicly display advertisements and other information related to Your use of the App (including depersonalized personal data). You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without Your knowledge and separate notice to You.

     

    Restrictions

    We are under no obligation to enforce the Terms against You. While We encourage You to let us know about the violation of these Terms by any App users, however, in case of such violations We reserve the right to investigate and take appropriate action at Our sole discretion.

     

    While using the App You agree not to, and will not assist, encourage, or enable others to use the Site to:

    • violate general ethic or moral norms, good customs and fair conduct norms, for example, by providing fake and incorrect information, using unauthorized payment instruments;

     

    • violate any third party’s rights, including any breach of confidence, personal data or other proprietary right;
    • manipulate the App, Company’s name, services or products;
    • violate any applicable law.

    You also agree not to, and will not assist, encourage, or enable others to:

    • violate these Terms;
    • modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the App;

     

    • use any robot, automatic application, or other automated device, process or means to access or use the App;
    • modify any construction, functionality or any portion of the App;
    • remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the App;

     

    • record, process, or mine information about other users of the App;
    • take any action that imposes, or may impose, in Our sole discretion, an unreasonable or disproportionately large load on Our technology infrastructure or otherwise make excessive demands on the App;
    • attempt to gain unauthorized access to the App, user accounts, computer systems or networks through hacking, password guessing or any other illicit means;

     

     

     

    • use any device, software or routine that interferes with the proper working of the App, or otherwise attempt to interfere with the proper working of the App;
    • remove, circumvent, disable, damage or otherwise interfere with any security-related features of the App, features that prevent or restrict the use or copying of the App or features that enforce limitations on the use of the App.

     

    You also agree not to act contrary to the law, and not to perform aforesaid actions, even if permissible under applicable law, without providing 30 days’ prior written notice to Us, which shall be provided together with any information that We may reasonably require giving Us an opportunity to provide alternative remedies or otherwise accommodate them at Our sole discretion.

     

    Agreement with the Terms

    By opening, accessing, browsing and/or otherwise using the App, each time You agree and represent that You have read and understood these Terms and are that You are bound by them.

     

     

    Privacy Rules

    Please refer to the Privacy Policy for the rules on how We process Your personal data.

     

    Liability

    Under no circumstances We are liable for the consequences of the force majeure and similar circumstances, which may not have been reasonably controlled or foreseen.

    You agree to indemnify, defend, and hold Us harmless from any claim or demand made by any third party arising out of and / or relating to (i) Your access to or use of the App, (ii) violation of these Terms, (iii) any services purchased or obtained by You in connection with the App (except H2AUTO Services), or (iv) the infringement by You, or any third party using Your account, of any laws or rights of any person. In the aforementioned cases You are obliged to defend Us and personally assume all pertinent expenses, including judicial and legal services expenses (attorney’s fees), compensations of losses, etc.

     

     

     

    We reserve the right, at Your expense, to take defence of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defence of these claims.

     

     

    Please read this section very carefully since it limits Our liability (up to the maximum extent permitted under applicable law):

    • The App is made available to You on an “as is”, “with all faults” and “as available” basis. Your use of the App is at Your own discretion and risk. We make no claims or promises about the quality, accuracy, or reliability of the App, its safety or security, or functionality of the App. Accordingly, We are not liable to You for any loss or damage that might arise.

     

     

    • We expressly disclaim all warranties, whether express or implied, including warranties as to the products or services, pertaining to the App or available through the App.
    • Your sole and exclusive right and remedy in case of dissatisfaction with the App, services provided in the App, or any other grievance shall be Your termination and discontinuation of access to, or use of the App, as well as Your right to terminate (delete) Your account on the App.
    • Our maximum aggregate liability to You for losses or damages that You suffer in connection with the App or these terms is limited to 100 EUR (one hundred Euros). We in all cases disclaim liability for any indirect, punitive or consequential damages, loss of profits, business interruption, emotional harm, loss of health, or loss of information or data.

     

     

    Applicable Law and Dispute Resolution

    The law of the Republic of Lithuania shall govern these Terms, as well as any claim, cause of action or dispute that might arise between You and Us.

     

     

    All disputes and claims shall be resolved by negotiations. If negotiations fail to resolve the dispute or claim for 30 (thirty) days, such dispute or claim shall be finally resolved through the judicial procedure at the Vilnius city court or Vilnius district court according to the rules of subject matter jurisdiction.

     

    Termination

    You may terminate Your use of App at any time by terminating (deleting) Your account, discontinuing Your use of the App, or by providing Us with a notice of termination.

    We may close Your account, suspend Your ability to use certain portions of the App, and/or ban You altogether from using the App or the App for any or no reason, and without notice or liability of any kind.

     

    In the event of any termination, whether by You or Us, these Terms will continue in full force and effect with respect to all past actions with the App.

     

     

    Other Terms

    We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without notice or liability, as indicated below. We also reserve the right to modify, update, or discontinue the operation of the App at Our sole discretion, at any time, for any or no reason, and without notice or liability.

    Such changes take effect upon posting the updated Terms in the App.

     

    We kindly ask You to review the Terms on a regular basis and on any notice of update. We will notify You in advance of any material changes to the Terms by means of a notice posted in the App or by email. You shall not install and shall not use the App without agreeing to the amendments of the Terms.

     

     

    The Terms are available in Lithuanian and English. In case of discrepancies, the Lithuanian text shall prevail.