1.1. In using the Jazz Q-Kaart service, the Parties shall be guided by the legislation of the Republic of Estonia, their articles of association, this service contract (hereinafter: “Service Contract”), the annexes to the Service Contract, and the general terms and conditions of the Jazz Q-Kaart service (hereinafter: “General Terms and Conditions”, available at: www.jazzpesulad.ee/jazz-q-kaart-service-contract). The annexes and General Terms and Conditions to the Service Agreement form an integral part of the Service Contract.
1.2. The conclusion of the Service Contract shall give the Customer the right to use the service provided in the Service Contract according to the procedure and on the grounds specified in the Service Contract.
2.1. The Service Contract shall govern the conditions for the provision and use of the car wash service provided by the Service Provider and used by the Customer (hereinafter: “Service”) at the service points listed under the General Terms and Conditions (hereinafter: “Service Points”). The Service shall be provided at the Service Points.
2.2. The Service Provider shall have the right to unilaterally change the content of the Service by updating the description of the Service in the General Terms and Conditions and notifying the Customer of such changes to the contact address given by the Customer at least 1 month in advance. The Customer shall have the right to unilaterally cancel the Service Contract, within the 1-month period referred to above, in accordance with the simplified procedure, i.e. without regard to the provisions of clause 5.3 of the Service Contract. If the Customer does not cancel the Service Contract within the 1-month term indicated, the Customer shall be deemed to have accepted the changes to the Service Contract.
2.3. The Service shall be provided to the vehicle specified by the Customer and registered based on the specific registration number. The use of the Service shall therefore be based on the Customer's vehicle registration number, which is identified at the Service Point through the relevant number identification systems.
2.4. The service is not available for individuals, companies, or sole proprietors providing taxi or ride-sharing service.
2.5. The Customer shall notify the Service Provider of any changes to the vehicle and/or vehicle registration number associated with the Service. A maximum of one change to the vehicle and/or registration number can be made in one calendar month. If the Customer violates this obligation, the Service Provider shall have the right to unilaterally limit the provision of the Service to the Customer.
3.1. The Customer shall use the Service, among other things, in accordance with the instructions provided at a particular Service Point. The Service Provider shall not be liable for any damages that may arise to the Customer due to failure of the Customer to observe the instructions given at the Service Provider’s Service Point. The Customer shall compensate for the damage he or she has caused and/or for any damage caused by failure to observe such instructions.
3.2. The Service Provider shall have the right to perform repair, maintenance and renovation works at the Service Points (hereinafter: “Maintenance Work”). The Parties mutually accept the fact that normal provision and use of the Service is inevitably disrupted during the Maintenance Work. The Service Provider shall not be liable for any disruptions in the Service due to the Maintenance Work and the Customer shall not have any right of claim against the Service Provider as a result.
3.3. The liability of the Service Provider shall also be limited as specified in clause 3.2 in a situation where the Maintenance Works have caused a disruption in the provision and/or use of the Service to the extent that the Service is factually disrupted, but by the moment the disruption occurs, the Customer's vehicle number has already been identified at the Service Point (hereinafter: “Borderline Incident”). A Borderline Incident is considered, for example, to be a situation where the Customer's vehicle number is identified immediately prior to the occurrence of an accident (or a similar event) at a Service Point, after which the provision and/or use of the Service is inevitably disrupted. For the sake of clarity, to illustrate the above:
3.4. In the event of a Borderline Incident, the Service Point operator shall give the Customer a coupon for one free-of-charge car wash at a Jazz Pesulad car wash at the same Service Point, valid for 1 calendar month. If, for any reason, the Service Point operator is unable to give the Customer a free-of-charge coupon at the Service Point (the Customer refuses, there are no coupons left, etc.), the Customer shall have the right to notify the Service Provider of the Borderline Incident to the Service Provider’s e-mail address. The notification must specify (i) the Service Point, (ii) the date and as precise a time as possible, (iii) the registration number of the Customer’s vehicle and (iv) other circumstances the Customer finds necessary regarding the Borderline Incident. Upon receipt of notification of a Borderline Incident, the Service Provider shall provide the Customer, within 1 week after receipt of the notification, with a free-of-charge Jazz Pesulad car wash coupon for one car wash at the same Service Point, valid for 1 calendar month, provided that the information sent by the Customer about the Borderline Incident is true and correct. The Service Provider shall have no other liability towards the Customer regarding Borderline Incident.
4.1. Under the Service Contract, the Customer has two options to pay for the Service – (i) a monthly fee or (ii) a standing payment order. This Section 4 of the Service Agreement first covers the monthly payment option (clauses 4.2.–4.3.) and second, the standing payment option (clauses 4.4.–4.7. of the Service Contract). The remainder are general regulations that apply to both payment options.
4.2. At the time of conclusion of the Service Contract, the price of the Service to be paid under the monthly payment option shall be as set out in the current price list (hereinafter: “Monthly Fee”). The current price list is available at www.jazzpesulad.ee/Q-Card and at Service Points.
4.3. Unless indicated otherwise on a specific invoice, the Customer shall pay the Monthly Fee in the amount and to the account indicated on the invoice issued by the Service Provider on the date of signing the Contract / activation of the Service as an advance payment for the next 30-day period. The Service Provider shall invoice the Customer (i) on the day of the first conclusion of the Service Contract and (ii) after the conclusion of the Service Contract, after each 30-day accounting period of each subsequent calendar month. For the sake of clarity, to illustrate the above:
4.4. As an alternative to the Service provided under the monthly payment option, the Customer has the option to conclude a standing payment order with the Service Provider at the cash register of the Service Point. At the time of conclusion of the Service Contract, the Service price to be paid under the standing payment option shall be as set out in the current price list (hereinafter: “Fixed Fee”). All prices are inclusive of VAT.
4.5. In case of the standing payment option, the first period for the use of and payment for the Service shall be divided in two: (i) the first 15 calendar days and (ii) the remaining calendar days until the end of the calendar month (13–16 calendar days depending on the specific calendar month).
4.6. If the Customer concludes a standing payment order (i) within the first 15 calendar days (inclusive) of a month, the first payment by the Customer based on the Fixed Fee option, if the Customer has a loyalty card, shall be the Fixed Fee payable according to the loyalty card divided by the number of calendar days in the respective calendar month and multiplied by the number of calendar days remaining until the end of the calendar month. Further payments shall automatically be made based on the standing payment order on the 3rd calendar day of each calendar month. In a situation where the standing order payment fails on the 3rd calendar day, the same payment shall be made on the 5th calendar day of the same calendar month. In a situation where the standing order payment fails on the 5th calendar day, the Service Provider shall have the right to unilaterally cancel the Service Contract and terminate the provision of the Service to the Customer under the Service Contract. For the sake of clarity, to illustrate the above:
Formula: Fixed Fee / total days in month x days left in month
4.7. If the Customer concludes a standing payment order (ii) after the first 15 calendar days, the first payment by the Customer based on the Fixed Fee option, if the Customer has a loyalty card, shall be for the days left in the specific calendar month according to the loyalty card, plus full amount of the Fixed Fee for the following calendar month. For the sake of clarity, to illustrate the above:
Formula: ( Fixed Fee / total days in month x days left in month ) + next month′s Fixed Fee
4.8. The Service Provider shall have the right to unilaterally change the price of the Service by updating the price of the Service in the General Terms and Conditions and notifying the Customer of such changes to the contact address given by the Customer at least 1 month in advance. The Customer shall have the right to unilaterally cancel the Service Contract, within the 1-month period referred to above, in accordance with the simplified procedure, i.e. without regard to the provisions of clause 5.3 of the Service Contract. If the Customer does not cancel the Service Contract within the 1-month term indicated, the Customer shall be deemed to have accepted the changes to the Service Contract.
4.9. The provision of other services provided by the Service Provider that are beyond the volume of the Service shall be based on the standard prices of the services listed in the Service Provider's price list.
5.1. The Service Contract shall be concluded for an indefinite term.
5.2. The term of the Service Contract shall start from the signature of the Service Contract, upon which the Customer's Jazz Q-Kaart is activated, and shall be valid until its expiry or termination in accordance with and on the basis of the Service Contract, provided that the Customer has paid the Service Fee for the Service.
5.3. The Customer shall have the right to terminate the Service Contract at any time by agreement with the Service Provider. If the Customer terminates the Service Contract on dates 1–14 (inclusive) of a calendar month, the Service Contract shall terminate on the last date of the same calendar month. If the Customer terminates the Service Contract from the 15th up to the last (inclusive) date of the calendar month, the Service Contract shall be terminated on the last date of the following calendar month. For the sake of clarity, to illustrate the above:
5.4. The Service Provider shall have the right to unilaterally limit the number of uses of the Service or terminate the Service Contract at any time if the Customer uses the Service in breach of the provisions of the Service Contract or maliciously (for example, washing different vehicles using the same registration number or washing the vehicle more often than specified in the Service Contract).
5.5. The Service Contract shall automatically be terminated if the Customer violates the obligation to pay the Service Fee. Reminders of the obligation to pay the Service Fee shall be sent automatically by the Service Provider to the Customer as the due date is approaching. The first reminder is sent to the Customer 7 calendar days before the end of the Service period. The second reminder is sent to the Customer 3 calendar days before the end of the Service period. The third reminder is sent to the Customer on the day of the expiry of the Service period to notify of the end of the Service. Upon expiry of the Contract, the Customer will have to go to the cash desk of the Service Point to activate the new Q-Kaart. For the sake of clarity, to illustrate the above:
5.6. The termination of the Service Contract shall not release the Customer from the obligation to pay the Service Fee that has become due before the termination of the Service Contract, or from meeting any other related requirements until the end of the Service Contract (see clause 5.3 for the validity of the Service Contract).
6.1. Under this Service Contract, the Customer agrees to the processing of his or her personal data (name, personal identification code / registry code, associated vehicle and its registration number, content and number of the services used, etc.).
6.2. In processing the Customer’s personal data, the Service Provider shall comply with the principles set out in the Personal Data Protection Act and the General Data Protection Regulation (GDPR). The Customer’s personal data are located in the Service Provider's database used by the Service Provider to send monthly offers to customers; to understand how the Customer uses the Service Provider’s Services so that the Service Provider can improve the user experience; to analyse customers, products and services in order to send the most relevant announcements and offers.
6.3. The Service Provider shall process the Customer’s personal data only in the territory of the European Union and shall not transfer the personal data to any third countries.
6.4. The Customer shall have the right to access the personal data processed and know the purposes for which the data are processed.
6.5. The Customer shall have the right to request the modification, specification or correction of his or her personal data. The Customer shall have the right to request erasure of his or her personal data. The Customer shall have the right to withdraw his or her consent. If the Customer wishes to exercise this right, the Service Provider must be notified to the e-mail QKaart@jazzpesulad.ee.
6.6. The Service Provider may transfer the processing of the personal data to third parties that assist the Service Provider in performing and managing the Service Contracts. Such persons may include database software suppliers, database management service providers, data centre, storage and cloud service providers, etc.
6.7. The Service Provider shall provide the data processor only with the data necessary for the performance of a particular task or provision of a particular service. The data processor may process the Customer’s personal data only on the order of the Service Provider and may not use the data for other purposes or transfer the data to other persons without the consent of the Service Provider. The Service Provider may transfer the personal data to the competent national defence and law enforcement authorities, e.g. the police or supervisory authorities, but only on their request and only in cases and according to the procedures provided for by law.
7.1. Any notices concerning the Service Contract shall be sent to the contact addresses indicated on the first page. If, for any reason, the Customer’s contact details have not been provided in the Service Contract or if the Customer's contact details should change during the term of the Service Contract, the Customer shall notify the Service Provider thereof in writing within 14 calendar days to the e-mail address QKaart@jazzpesulad.ee.
7.2. By signing the Service Contract, the Customer declares that he or she has thoroughly read and understood and accepts the Service Contract and the annexes thereto and/or General Terms and Conditions thereof.
7.3. In case of any shortcomings, the Service Contract shall complement the General Terms and Conditions and in case of any shortcomings, the General Terms and Conditions shall complement the Service Contract. In the event of a conflict between the Service Contract and the General Terms and Conditions, the General Terms and Conditions shall prevail.
7.4. The Service Contract shall be governed by the legislation of the Republic of Estonia.
7.5. The Parties shall settle any disputes arising in the course of the performance of the Service Contract by negotiations. In case of failure to reach agreement, the disputes shall be settled at Harju County Court.
