TERMS OF MEMBERSHIP

These terms and conditions of membership (Terms) set out the legal terms under which Priority One Wash Club Pty Ltd – ACN 667 241 910 (Program Manager) will provide membership to its ‘Priority One’ carwash membership program (Program), to the exclusion of all other terms. In applying for membership to the Program you agree to be bound by these Terms. Please read these Terms carefully, if you do not agree to be bound by these Terms you must not apply for membership to the Program.

Benefits of Membership

Participating car wash facilities will be as listed from time to time on the website priorityonewashclub.com (Program Website) or on the downloadable Program application (App). Members of the Program acknowledge that the number and location of participating car wash facilities is subject to change, and that such changes will not entitle a member to terminate its membership in the Program or receive a refund of its membership fee.

An ‘express wash’ will exclude: An ‘outside wash’ or ‘express wash’ shall consist of: an exterior hand shampoo, high pressure rinse removing dirt and dust, exterior chamois dry and hand finish. The express wash, our outside wash shall include the valeting of the car within premium high end participating car wash facilities across Australia.

Members may pay an additional surcharge, as determined by the applicable participating car wash facility, to receive additional wash features not forming part of an express wash for their nominated vehicle. This fee will be agreed between the customer and the participating car wash facility on the day and payable to the participating car wash facility.

To arrange for a car wash of a nominated vehicle, a member may:

(a) where available, pre-book their nominated vehicle into a participating car wash facility in accordance with the booking requirements of the participating car wash facility.

(b) subject to the existing backlog of the participating car wash at the time, simply drive into a participating car wash and request that the participating car wash provide an express car wash of the nominated vehicle.

(c) show their product QR code found within the downloadable Program app for any redemption

Your nominated vehicle

Your membership to the Program is not transferable and may only be used in respect of the vehicle you nominated in your application for membership. Separate and additional memberships will apply if you wish to nominate more than one vehicle to the Program.

Classes of membership and eligibility requirements

In administering the Program, the Program Manager may set eligibility requirements, or different classes of membership relating to different eligibility requirements, which are based on the nature of your vehicle.

The relevant eligibility requirements for membership (or for a particular class of membership) will be as specified:

(a) in the applicable application form for membership as established by the Program Manager from time to time; and

(b) on the Program Website or App from time to time.

For example, the Program Manager may set eligibility or classification requirements relating to whether the proposed nominated vehicle is a sedan, wagon, ute, van, or other vehicle. The Program Manager may also set eligibility or classification requirements relating to whether the proposed nominated vehicle is used by the member for personal or commercial purposes.

The eligibility requirements for existing members will be those that applied at the latter of receiving or renewing the member’s membership.

Payment of membership fees

You must pay the applicable membership fee to receive membership to the Program and receive the benefits of the membership. If the Program manager establishes different classes of membership, then the Program manager may set a different membership fee for each class of membership.

The initial membership fee as applicable to your proposed nominated vehicle is specified:

1. (a)  in the application form for membership as established by the Program Manager from time to time; and

2. (b)  on the Program Website or App.

The Program Manager may specify different membership fee structures for different periods of membership. For example, the Program Manager may charge a different upfront fee for a one-year membership versus payment of an upfront fee for a multi-year membership.

The Program Manager may elect to offer auto- pay facilities enabling renewal of membership or payment of the membership fee in regular increments. Where auto-pay facilities form part of the membership, payments will be billed automatically to your nominated credit card or bank account on the relevant anniversary specified on the applicable membership application form. Members must update payment details in the event that payment details expire or change.

Member behavior

Members of the Program must treat members of any participating car wash with respect. Abusive or disrespectful behavior may result in in termination of membership without refund.

Application of terms of the participating car wash facility and limitation of liability

The services provided by the Program Manager are limited to enabling arrangements between members and participating car wash facilities and the Program Manager is not responsible for the car wash services provided by participating car wash facilities. The terms under which each car wash shall be conducted shall be between the participating car wash facility and the member. Members should

review the terms of the relevant participating car wash facility to confirm they accept the terms of that participating car wash facility before arrange a car wash with that facility.

The terms of participating car wash facility will apply to each car wash provided by that facility. Without limitation:

(a) the opening hours of a participating car wash will be determined by the participating car wash in its absolute discretion;

(b) members must comply with the conditions of entry specified by the participating car wash;

(c) legal conditions relating to loss of property or damage to your vehicle will be as specified the participating car wash;

(d) warranties in respect of quality or otherwise will be as specified by the participating car wash; and

(e) complaints in respect of wash quality or other issues should be directed in the first instance to the participating car wash.

The Program Manager shall not be legally responsible for the services provided by participating car wash facilities. Complaints may be directed to the Program Manager only as an informal means to mediate issues between the participating car wash facility and the member and to potentially draw attention to an underperforming car wash facility for the purposes of removing that facility from participation in the Program.

To the maximum extent permitted by law, the Program Manager’s maximum liability to you for any loss or damage incurred by you or any other party resulting directly or indirectly out of your Membership is limited to the amount you have paid to the Program Manager in accordance with this Membership Agreement.

Miscellaneous

These Terms contains the whole of the agreement between the Program Manager and each member regarding the member’s membership.

Personal information of members will be managed in accordance with the privacy policy of the Program Manager, as located on the Program Website.

The relationship between the Program Manager and each member is one of independent contractors and nothing in these Terms creates or evidences a relationship of partnership, joint venture, trust, employment, agency or otherwise.

Any failure by the Program Manager to compel performance by a member of any of these Terms will not constitute a waiver of these Terms nor will it diminish rights arising from their breach.

A member will not assign or attempt to assign or otherwise transfer or encumber any right or obligation arising out of these Terms.

The Program Manager will not be liable for any failure to comply with these Terms where that failure is due to any cause beyond the reasonable control of the Program Manager.

A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining Terms will continue in force.

These Terms are governed by the laws of the state of Australia (Jurisdiction) and each party submits to the courts of the Jurisdiction and its courts of appeal.

To the extent that provision of membership in the Program constitute a service that is subject to the Australian Consumer Law, then the following clause applies.

The Program Manager’s services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, members are entitled:

• to cancel their service contract with the Program Manager; and

• to a refund for the unused portion, or to compensation for

  its reduced value.

Members are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, members are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel the member’s contract and obtain a refund for the unused portion of the contract.