terms-2026-11-04-v3

Terms of Service

Effective 4 November 2026

1. About these Terms

1.1 SA Carwash is operated by SA CAR WASH (Pty) Ltd, registration number 2025/503448/07 ("SA Carwash", "we"). These Terms govern the SA Carwash apps, Web POS, website and related services (the "Platform").

1.2 By creating an account, subscribing or using the Platform, the business you represent ("you" or "the car wash") agrees to these Terms. You confirm that you are authorised to bind that business.

1.3 The agreement is made up of:

• these Terms;
• the Privacy Policy;
• the price and offer you accept at purchase;
• any additional terms you accept in the Platform before using an optional feature.

If they conflict, the additional terms apply to that feature, then these Terms.

2. The Platform

2.1 SA Carwash is business software for running a car wash. Some features are optional, and some carry their own fees or terms.

2.2 We may improve, change, add or remove features at any time. We will give reasonable notice before removing a core feature you rely on during a paid period.

2.3 We do not provide car wash services. We are not a party to your agreements with your customers, even where they pay you through the Platform.

3. Accounts and security

3.1 You must keep your information accurate and your sign-in details and devices secure, and control who has access to your car wash.

3.2 Managers, staff and anyone using your accounts act on your behalf. You are responsible for all activity under your accounts.

3.3 You must tell us promptly if you suspect unauthorised access.

4. Trials and demo accounts

Trial and demo accounts are for evaluation only. They may contain sample data, may be limited in time and features, and may be reset or deleted without notice. They must not be used for real customers or real payments.

5. Fees and payment

5.1 Fees. You pay the fees shown in the Platform when you subscribe or before you use a paid feature, including any usage-based charges shown there. The subscription includes the complete operating platform and vehicle scanning is unlimited. Introductory and promotional prices apply only for their stated period, after which the standard price applies.

5.2 Tax. Fees include VAT where applicable.

5.3 Price changes. We may change our fees for future billing periods by giving you at least 30 days' notice. If you do not accept a change, you may cancel before it takes effect.

5.4 Renewal and duration. There is no minimum period. Subscriptions run for the billing period you choose (monthly or yearly) and renew automatically for the same period until cancelled.

5.5 Cancellation. You may cancel at any time in the Platform. Cancellation stops the next renewal, and access continues until the end of the period you have paid for. Your subscription starts as soon as you ask us to activate it, so the seven-day cooling-off right in section 44 of the Electronic Communications and Transactions Act does not apply to it, as section 42(2)(d) of that Act provides.

5.6 Refunds. Fees are not refundable, except where the law requires it or to correct a duplicate or incorrect charge. Where the Consumer Protection Act applies to you, you may cancel a fixed-term agreement as that Act allows, and we may charge a reasonable cancellation charge as the Act permits.

5.7 Late or failed payment. If a payment fails or is reversed, we may restrict or suspend access until it is paid. Restricting access does not cancel billing.

5.8 Set-off. We may deduct any amount you owe us from any amount we owe or pay to you, including payouts under section 7.

5.9 Payment processing and records. Payments are processed by third-party payment providers that meet card-industry security standards. We do not store full card numbers. Your billing records are available in the Platform, and we will send copies on request.

6. Your records

You are responsible for the accuracy of what you and your staff record, including customers, vehicles, services, prices, payments, accounts and discounts. You must reconcile the Platform with your till, card machine, bank and accounting records. Reports and balances depend on what is recorded. The Platform does not replace records you must keep by law.

7. Online payments (optional)

7.1 If you switch on online payments, your customers can pay you through the Platform. Payments are processed by our third-party payment provider, whose terms also apply.

7.2 You are the seller. You are responsible for:

• your prices, services and any membership or plan rules;
• honouring what customers have paid for;
• refunds, complaints and disputes with your customers, including any refund a customer is entitled to by law;
• your obligations under consumer protection and electronic transactions laws.

We do not refund your customers on your behalf.

7.3 Fees and payouts. You agree to the online payment fees shown in the Platform. We may deduct them from payments before paying out the balance to the bank account you provide. You must give us a correct business bank account and keep it up to date. We are not responsible for payouts made to an account you entered incorrectly.

7.4 Reversals and chargebacks. If a payment is reversed or charged back, you must help us respond. We may recover the reversed amount, and any related fees or charges, from future payouts or by invoice.

7.5 Holds and suspension. We may delay or hold payouts, or suspend online payments, where we reasonably suspect fraud, an unusual level of disputes, a breach of these Terms, or where our payment provider or the law requires it.

7.6 Customers who pay online are bound by Part B of these Terms. You must not promise customers anything about online payments that conflicts with Part B.

8. Customer information and POPIA

8.1 For information about your customers, their vehicles and your operations, you are the responsible party. SA Carwash processes that information as an operator on documented instructions from you, to provide the Platform.

8.2 You must have a lawful basis to collect your customers' information and to message them, give them any notices the law requires, and handle their requests about your records.

8.3 As your operator, we will:

• keep the information confidential and secure;
• use only service providers bound to appropriate confidentiality and security;
• transfer information outside South Africa only as POPIA allows;
• tell you without undue delay about a security compromise affecting your information;
• help with reasonable requests from data subjects or the Information Regulator;
• delete or return your information at the end of the service, as set out in section 15.

8.4 We process information about you, your account and your staff as a responsible party, as described in the Privacy Policy.

9. Messages to your customers

Where you enable it, the Platform can send operational messages to your customers, for example when a car is ready. You must get your customers' permission where the law requires it. Messages are not for marketing unless the law allows it. Delivery depends on third-party services and is not guaranteed.

10. Your offers and programmes

Loyalty rewards, specials, discounts, memberships and similar offers are yours. You set them up, check that they work as intended, and honour them. Unless you tell your customers otherwise, rewards have no cash value.

11. Collection PIN

A collection PIN is a tool to help you hand vehicles to the right person. You remain responsible for your handover process, for checking the PIN and identity where appropriate, and for vehicles and keys in your care. We are not liable for a vehicle released to the wrong person.

12. AI features

12.1 Some features, including Splash, use artificial intelligence provided by third parties. AI output may be inaccurate or incomplete. Check anything important, and contact support about specific records or payments.

12.2 AI features do not give legal, tax, financial or professional advice.

12.3 Do not enter passwords, card numbers or other people's personal information into AI features.

12.4 We may limit, change or withdraw AI features at any time.

13. Acceptable use and protecting the Platform

You must not, and must not let anyone else:

• copy, modify, reverse engineer, decompile or try to extract the source code of the Platform;
• scrape, harvest or bulk-export data from the Platform except through features we provide;
• resell, sublicense or provide the Platform to others, except as an approved SA Carwash partner;
• use the Platform, or information about how it works, to build, train or improve a competing product or service;
• get around security, access, usage or subscription controls;
• access another business's information without authority;
• enter false information, or misrepresent your identity, role, eligibility for an offer, or payment status;
• use online payments for anything other than genuine sales to your customers;
• use the Platform unlawfully, to send unlawful or unsolicited messages, or in a way that harms us or others.

14. Confidentiality

Information about the Platform that is not public is our confidential information. This includes unreleased features, documentation, pricing arrangements made with you, and the terms of any partner or special arrangement. You may use it only to use the Platform, and you must not disclose it to anyone else without our written permission.

15. Your data and leaving

15.1 Your business information remains yours. During your subscription, you can export reports and statements using the Platform's features.

15.2 For 30 days after your subscription ends, you may ask us for an export of your records. After that, we will delete or anonymise your information within a reasonable time. We may keep information that we must retain by law or for accounting, tax, payment, dispute, security or audit purposes, and information in backups until those backups expire.

15.3 Anonymised data. We may create and use anonymised, aggregated data derived from use of the Platform. It does not identify you, your customers or any person, and we may use it to operate, secure, analyse and improve our services. This continues after the agreement ends.

16. Intellectual property and feedback

16.1 We and our licensors own the Platform and everything in it, including software, designs, content, guides, Splash and our brands. We give you a limited, non-exclusive, non-transferable right to use the Platform during your subscription, under these Terms.

16.2 You give us the rights we need to host and process your information to provide the Platform.

16.3 If you send us ideas or feedback, we may use them freely without any obligation to you.

17. Availability

We aim to keep the Platform available and reliable but do not guarantee uninterrupted or error-free service. Maintenance, power or network outages, third-party services and events beyond our reasonable control may affect it.

18. Suspension and termination

18.1 We may suspend access, online payments or payouts if:

• payment is overdue;
• we suspect fraud, a security risk or unlawful use;
• you breach these Terms;
• the law or one of our providers requires it.

Where appropriate, we will give notice and a chance to put things right.

18.2 Either party may end the agreement by cancelling the subscription. We may also end it if you materially breach these Terms and do not fix the breach within 14 days of notice, or immediately for fraud or unlawful use.

18.3 Sections 5.8, 7.4, 13, 14, 15, 16, 19, 20, 21 and 25 continue after the agreement ends.

19. Disclaimer

To the extent the law allows, the Platform, including AI features and third-party services, is provided "as is" and "as available", without warranties of any kind. We are not responsible for:

• your car wash services;
• damage to or loss of vehicles;
• the conduct of your staff;
• your prices, refunds and obligations to your customers;
• losses caused by failure to keep your accounts secure.

Nothing in these Terms limits rights you have under the Consumer Protection Act where it applies that cannot be excluded.

20. Limitation of liability

To the extent the law allows:

• we are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill or data, however caused;
• our total liability for all claims is limited to the fees you paid us for the Platform in the 12 months before the event giving rise to the claim.

This does not limit our liability for gross negligence or wilful misconduct, or any liability that cannot be limited by law.

21. Indemnity

To the extent the law allows, you indemnify us against claims, losses and costs arising from:

• your car wash services and your dealings with your customers, including refunds, disputes and chargebacks;
• information you or your users enter;
• messages sent or data used without the necessary permission;
• your breach of these Terms or the law.

This does not apply to the extent a claim is caused by our gross negligence or wilful misconduct.

22. Partners

Some car washes subscribe through an approved SA Carwash partner. The partner is responsible for its own services and pricing under its separate arrangement with you, and it sees only the limited account information you agree to. If the partner arrangement ends, you may continue by subscribing to SA Carwash directly. Partners are bound by a separate Partner Agreement.

23. Notices

We may send you notices by email, WhatsApp, push notification or in the Platform. You may contact us at info@sacarwash.co.za. Notices are treated as received when sent electronically, unless the sender learns that delivery failed.

24. Changes to these Terms

We may update these Terms when our services, our business or the law changes. We will tell you about material changes at least 30 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using the Platform after a change takes effect, the updated Terms apply to you. If you do not agree, you may cancel before then. We may also ask you to accept updated Terms in the Platform. We keep records of acceptance.

These Terms replace version terms-2026-09-01-v2: for new accounts from the effective date above, and for existing accounts 30 days after we tell you about them.

25. General

• Whole agreement: these documents are the whole agreement about the Platform. They replace earlier discussions.
• Severability: if any part is unenforceable, the rest remains in force.
• No waiver: a delay in enforcing a right does not waive it.
• Assignment: you may not transfer this agreement without our written consent. We may transfer it to a successor of our business.
• Relationship: nothing in these Terms creates a partnership, joint venture or employment relationship.
• Electronic communications: agreements, acceptances and notices may be electronic.

26. Disputes and governing law

South African law governs these Terms. The parties will first try to resolve a dispute in good faith within 20 business days of written notice. Nothing prevents either party from seeking urgent relief or approaching a regulator where the law allows.

27. About us and contact

SA CAR WASH (Pty) Ltd is a private company registered in South Africa with the Companies and Intellectual Property Commission. Directors: Eduan Naude and Douglas Bruce-Smith. We are not a member of any self-regulatory body and do not subscribe to a code of conduct or an alternative dispute resolution scheme. We accept service of legal documents at our registered address.

Part B: Customers who pay a car wash online

This part applies to you if you pay a car wash online through SA Carwash.

1. Who you buy from. You are buying from the car wash named on the payment page, not from SA Carwash. The car wash is responsible for its prices, its services, your complaints and any refund. SA Carwash provides the payment service through a third-party payment provider.
2. Fees. Any fee for paying online is shown before you pay.
3. Memberships and recurring payments.
   • By joining, you agree to the recurring payments shown when you join, until you cancel, and to your membership starting straight away.
   • You can cancel at any time as shown on your membership page. You stay covered for the period you have already paid for, and you are not charged again.
   • If a payment fails, your benefits may be paused until it is paid.
4. Card details. Your card details are handled by the payment provider. SA Carwash does not store your full card number.
5. Your rights. Your membership starts as soon as you join, at your request, so the seven-day cooling-off right in section 44 of the Electronic Communications and Transactions Act does not apply to it (section 42(2)(d) of that Act). Your other rights under consumer protection and electronic transactions laws are not affected. For refunds or problems, contact the car wash.
6. Your information. The car wash is responsible for your information. SA Carwash processes it for the car wash as described in the Privacy Policy.