CUSTOMER TERMS AND CONDITIONS
LAST UPDATED:
These Terms of Use, privacy policy available at ("Privacy Policy"), and the rules, policies, terms, and conditions set forth
in, referred to, and/or linked herein, all of which are incorporated herein by
reference, are, collectively, the “Agreement.” This Agreement constitutes a
legal agreement between you ("you") and “CALL2MECHANIC” This
Agreement sets forth the terms of Use (“Terms”) that govern the access or use
by you of applications, websites, content, products, programs, and services made
available by “CALL2MECHANIC” (the “Services”), including an agreement
to engage in binding arbitration to resolve any disputes between us.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE
SERVICES.
Your access and use of the Services constitutes your agreement to be bound by
this Agreement. If you do not agree to the Terms, you may not access or use the
Services. The Terms, together with any Supplemental Terms (as defined below),
expressly supersede prior agreements or arrangements with you and supersede
content or information you read or have access to at other places, such as our
website, emails, or applications. ‘‘CALL2MECHANIC” may immediately terminate
this Agreement or any Services with respect to you, or generally, cease offering
or deny access to the Services or any portion thereof, at any time for any
reason or no reason.
THE SERVICES
Restrictions. You may not: (i)
remove any copyright, trademark, or other proprietary notices from any portion
of the Services; (ii) reproduce, modify, prepare derivative works based upon,
distribute, license, lease, sell, resell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Services except
as expressly permitted by us; (iii) decompile, reverse engineer or disassemble
the Services except as may be permitted by applicable law; (iv) link to, mirror
or frame any portion of the Services; (v) cause or launch any programs or
scripts for the purpose of scraping, indexing, surveying, or otherwise data
mining any portion of the Services or unduly burdening or hindering the
operation and/or functionality of any aspect of the Services; or(vi) attempt to
gain unauthorized access to or impair any aspect of the Services or its related
systems or networks.
Ownership. The Services and all rights therein are and shall
remain our property. Neither these Terms nor your use of the Services conveys or
grant to you any rights in or related to the Services, or to use or reference
in any manner our company names, logos, product and service names, trademarks, or service marks. All content appearing on the CALL2MECHANIC Platform is our
property or the property of our partners and is protected by international
copyright laws. Certain names, graphics, and logos are trademarks, service
marks, or trade dress (together, “Marks”) of CALL2MECHANIC. Our Marks may not
be used for any purpose except pursuant to our Trademark Usage Policy. All
other marks are the property of their respective owners and may not be used
without their prior written consent.
YOUR USE OF THE SERVICES
User Accounts. In order to use most aspects of the
Services, you must register for and maintain a user account
("Account"). Account registration requires you to submit certain
personal information, such as your name, email address, address, vehicle information,
and/or mobile phone number, and/or at least one valid payment method (e.g., a
credit card). You agree to maintain accurate, complete, and up-to-date
information in your Account. Your vehicle information may include the license
plate number, VIN (Vehicle Identification Number), make, model, year, engine
size, trim, etc. Your failure to maintain accurate, complete, and up-to-date
Account information may result in your inability to access and use the Services
or CALL2MECHANIC’S termination of this Agreement. You are responsible for all
activity that occurs under your Account, and you agree to maintain the security
and secrecy of your Account username and password at all times.
Payment Terms
You understand that use of the Services may
result in charges to you for the Vehicle Services you receive from a Technician
(“Charges”). Charges may include any applicable central, state, and local taxes.
At the time you schedule a Job, we will record your preferred payment method
information and validate your payment information. You authorize the payment of
Charge(s) according to your preferred payment method information, or, if
applicable, the payment of a cancellation fee if you cancel the Job and the
payment of a rescheduling fee if you reschedule the Job. You agree not to make any
alternative payment arrangement with the Technician who performs the Job. While
we will use commercially reasonable efforts to ensure the security of all
credit cards and all other personal information, we expressly disclaim any
liability for any damage that may result should any information be released to
any third parties, and you agree to hold Us harmless for any damages that may
result therefrom.
After you have received Vehicle Services
obtained through your use of the Service, we will facilitate your payment of
the applicable Charges. Charges paid by you are final and non-refundable unless otherwise determined by us. All Charges are due immediately. If your
primary payment method is determined to be expired, invalid, or otherwise not
able to be charged, you agree that we may, as the Technician's limited payment
collection agent, use a secondary payment method in your Account, if available.
We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If a Technician changes the Vehicle Services needed or adds additional Vehicle Services, you authorize the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician is not able to perform such work, you may be charged a separate diagnosis fee.
Termination; Cancellation
Termination
by CALL2MECHANIC: We may
terminate this Agreement or terminate or suspend your Account immediately at
any time for any reason or for no reason upon notice to you. If we terminate or
suspend your Account, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third
party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your Account, we reserve the right to pursue any
available legal action. When terminating your Account, we may delete the
Account and any information in it. You have no ownership rights to your
Account.