QwikPass Terms & Conditions

Qwikpass Unlimited &
QwikPass Auto-Pay Programs

Terms & Conditions

Last Updated: April 24, 2018

 

Overview

1. Charlie’s Car Wash LLC (“Charlie’s”) sponsors two QwikPass programs:

a. QwikPass Unlimited
b. QwikPass Auto-Pay
The programs hereafter are either referred to individually by name or collectively as
(“programs”).

2. By participating in the programs, you agree to abide by Charlie’s current Terms and Conditions. Charlie’s reserves the right to terminate, modify, revise, or change the programs and/or Terms and Conditions, in whole or in part, at any time with or without notice. When the Terms & Conditions or Privacy Policy are updated, we will revise the “last updated” date that is located at the top of these respective documents. The current Terms and Conditions can be found at https://www.charliescarwash.com/qwikpassterms.

3. Further, you consent to Charlie’s privacy policy located at https://charliescarwash.com/privacy-policy/

4. Further, Charlie’s has the right to change, limit, modify, or cancel awards at any time with or without notice to members. In the event that any of these conditions occur, members may not be able to obtain certain awards.

5. The availability of the QwikPass lanes and/or any and all Charlie’s services may be disrupted for periods of time due to maintenance or weather. During periods of unavailability of the QwikPass lanes, program members may use the “Attended Lane” to obtain a wash as provided by their plan. Charlie’s will not refund a program member any monies for the unavailability of the QwikPass lanes and/or any and all Charlie’s services. Further, QwikPass lanes may or may not be constructed at all Charlie’s locations. In the absence of a QwikPass lane you should use the “Attended Lane” to obtain your wash services, the locations without a QwikPass lane will honor these programs.

6. Awards given as part of the programs are not redeemable for cash, and may not be transferred, purchased, sold, or bartered.

7. You must take proper care to protect your account and account information. This includes but is not limited to regularly checking transactions and not sharing your password or account information with others. If you suspect suspicious activity on your account please contact customer service immediately at 785-826-8293 or customer@charliescarwash.com. Please note that for security reasons, Charlie’s customer service is not permitted to provide account information or passwords over the phone. Account information will be provided over the phone only with a valid RFID tag number and other verification information as requested.

 

Eligibility and Enrollment

1. Program enrollment requires a valid email address.

2. You may enroll in these programs by (a) completing an online enrollment form at http://www.charliescarwash.com or (b) visiting any participating Charlie’s location where a Charlie’s employee will assist you through the enrollment process. Providing fictitious, incorrect or false information may result in termination of your account and forfeiture of any other benefits.

3. Charlie’s reserves the right to determine initial and on-going eligibility in the programs. Charlie’s reserves the right to disqualify anyone and terminate any member for any reason, including but not limited to any actions meant to: abuse the programs, the make/model/tire size/body configuration of a vehicle which could cause damage to Charlie’s wash equipment or the vehicle, circumvent the Terms and Conditions, failure to provide timely payment, or utilize the programs in a manner inconsistent with the rules, terms, conditions, or intent of the programs or any portion of the programs. No refunds will be issued for terminated accounts, regardless of termination date.

4. Membership is only valid on the vehicle enrolled.

5. By acceptance of this agreement you acknowledge that you are an authorized signatory of the account/method of payment specified for the collection of charges associated with the programs.

 

QwikPass Unlimited

1. QwikPass-Unlimited provides unlimited washes for a pre-determined monthly fee based on the service(s) selected during enrollment.

2. Members’ monthly fees will automatically be billed to their form of payment on their monthly anniversary date. A member’s monthly anniversary date is the day of enrollment in the plan.

3. Membership will automatically renew each month unless the member cancels their QwikPass-Unlimited enrollment.

4. No refunds will be issued for early cancellation. Upon cancellation, members will retain access to all QwikPass-Unlimited benefits until their next monthly anniversary date.

5. Plan changes (upgrades, downgrades, cancellations) are “pending” and will take effect on the next monthly anniversary date.

6. QwikPass-Unlimited members have the opportunity to add additional services not included in their monthly wash plan each time they wash. In the event that additional services are added, the amount of those additional services not included in the customer’s unlimited monthly wash fees will be charged to the method of payment provided by the member immediately following the wash in which the charges occurred. Based on the availability of the wash transaction data these charges could take up to 96 hours to be posted to the member’s method of payment.

7. The member will be notified by email of any price changes at least ten (10) calendar days before the next monthly fee is to be charged.

8. QwikPass-Unlimited offers Charlie’s greatest discount to frequent washers, and therefore cannot be used with coupons or other discount offers.

9. If QwikPass-Unlimited member enrolls during a limited time promotion such as 2nd Month Free, Charlie’s reserves the right to not honor this promotion for a customer who is suspended for lack of payment or has violated the terms and conditions set forth here.

10. Membership is only valid on the vehicle enrolled. The RFID tag installed by Charlie’s must not be removed. Any QwikPass-Unlimited customer found to have removed their tag will be in violation of these terms and Charlie’s will immediately terminate the account. Furthermore, the member agrees to reimburse Charlie’s for any services provided using an RFID tag which was not registered to the vehicle the services were performed on.

 

QwikPass Auto-Pay

1. QwikPass-Auto-Pay provides members the opportunity to establish an account with Charlie’s and store a method of payment with their account. Each time a QwikPass-Auto-Pay member visits Charlie’s they may select the service(s) of their choice and Charlie’s will charge the method of payment on file following the wash. Based on the availability of the wash transaction data these charges could take up to 96 hours to be posted to the member’s account.

2. QwikPass-Auto-Pay members are charged only when they visit Charlie’s and for the services they choose. There are no inherent discounts provided to QwikPass-Auto-Pay members and therefore they may use coupons for discounted wash services (coupons only accepted in the Attended Lane).

 

Plan Suspensions / Resolution of Unpaid Balances

When the Charlie’s system attempts to charge a member’s method of payment and the charge is unsuccessful, Charlie’s will immediately suspend the member’s account until payment of the balance due can be successfully processed. Charlie’s will notify the member by email if an account is suspended and the steps the member can take to resolve the suspension. The primary way to resolve a suspension is for the member to access their account and update their method of payment using the customer website. When a member updates their method of payment, all outstanding charges will attempt to be processed, if all outstanding charges are successfully processed the member’s suspension will be removed. Charlie’s will also attempt to collect the outstanding charges using the member’s method of payment up to 4 additional times. If any of the additional attempts are successful in obtaining payment the suspension will be removed and the member will be notified via email. A member with a suspended account will not be able to use their QwikPass-Unlimited or QwikPass-Auto-Pay plan. If a member on a suspended plan visits Charlie’s they must provide payment at the time of wash. In the event a member cancels their plan or does not provide a valid method of payment after 60 days following suspension, Charlie’s reserves the right to utilize a collection agency to attempt collection of the balance due to Charlie’s.

 

Canceling or Changing Membership

You may cancel or change your membership in our programs by logging into your account at https://secure.charliescarwash.com/QwikPass. If you have any questions or issues you may also call and speak with our account service associates at 785-826-8293 Monday – Friday 8am – 5pm.

 

Redeeming Awards

1. Awards for services or products will be in the form of coupons. Coupons can be redeemed only in the Attended Lane. They cannot be used in the QwikPass Lane.

2. Charlie’s is not responsible for any lost or stolen awards.

3. Awards expire twelve (12) months after the last day of the year during which they are given. If not redeemed during this time frame, all value thereon is forfeited.

4. Members who cancel participation in the programs forfeit any awards that are not used prior to their cancellation date.

5. Coupons or other awards are not redeemable for cash, and are not transferable.

6. Awards are subject to availability and subject to change. Charlie’s is not responsible, and assumes no liability, for changes or discontinuances of awards or the availability of such awards.

 

Privacy

Please refer to the Privacy Statement posted on the website, as it describes any and all uses we will make of any private information posted on this website or included in any filing in connection with the programs.

 

Important Notices

1. Charlie’s provides the programs, these and other materials, and other services and products “As Is” and, to the fullest extent permitted by applicable law, expressly disclaims any representation or warranties of any kind, express or implied, including but not limited to warranties of merchantability, or fitness for a particular purpose. Under no circumstances, including but not limited to, negligence, shall Charlie’s be liable for any direct, indirect, incidental, special or consequential damages arising out of the programs or any such other products or services, even if Charlie’s has been advised of the possibility of such damages. In the event Charlie’s or the programs are held liable for any damages related to these matters, your sole and exclusive remedy will be limited to reimbursement for services or products paid for by you to the entity held liable.

2. Awards may be subject to income or other taxes. Such taxes and all disclosures related thereto are the sole responsibility of the Member. Charlie’s shall not be responsible for correspondence lost or delayed in the mail. Charlie’s is not responsible for, and reserves the right to correct any pricing or typographical errors, errors of description, or errors regarding offers.

3. If Charlie’s improperly denies a member awards or some other benefit, the member’s exclusive remedy shall be the issuance of the improperly denied credit, award or benefit if available, or such other alternative comparable benefit as determined by Charlie’s, which shall have no liability whatsoever. In no event shall Charlie’s be liable to any member, or anyone claiming through a member, for any direct, indirect or consequential damages, or lost revenue or profits, arising out of Charlie’s acts or omissions in connection with the programs.

4. Charlie’s reserves the right to correct any award or other benefit granted in error. In the event Charlie’s improperly denies a membership benefit, Charlie’s liability is limited to supplying said benefit.

5. Any communication or other information sent to Charlie’s via electronic mail or otherwise in connection with your use of these programs, including but not limited to suggestions, ideas and comments will be treated as non-confidential and all such information may be used by Charlie’s for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Charlie’s. Any personal information provided, such as driver’s license, payment information or other like information will be treated as confidential.

6. Charlie’s is not responsible for late, lost, incomplete, or misdirected entry information or communications; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; or for any other technical problems. Charlie’s is not responsible for incorrect or inaccurate entry information, whether caused by members or by any of the equipment or programming associated with or utilized in the programs, or by any technical or human error which may occur in the processing of awards, transactions and account information. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THESE PROGRAMS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, CHARLIE’S RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. These programs are governed by the laws of the United States, the State of Kansas, and the State of Missouri, without respect to conflict of law doctrines. As a condition of participation, you agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with these programs, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than member’s actual out-of-pocket expenses, and member further waives all rights to have damages multiplied or increased.

8. The provisions of this Agreement are several and if any provision is determined to be illegal or unenforceable the remaining provisions and any partially enforceable provision shall nevertheless be enforceable unless otherwise prohibited by state law. Our failure to enforce any remedy or provision of this Agreement shall not be construed as a waiver of such remedy or provision.