Driver Terms of Use
These Terms & Conditions (together with the documents referred to in them) govern your use of our website at www.autorepairmechanic.shop and all related sites, services, applications, and tools, which we operate from time to time (the “ARM Website/Service”).
These Terms & Conditions apply to any person registering as a “driver” on the ARM Website/Service, or using the ARM Website/Service as a driver (“Driver”).
By using the ARM Website/Service you confirm that you accept these Terms of Use and that you agree to abide by them.
The ARM Website/Service is operated by www.autorepairmechanic.shop (“We or “ARM”).
You may contact us regarding all queries by email at arm.mechanics@mail.com
REGISTERING AS A DRIVER
In order to benefit from all the features of the ARM Website/Service available to Drivers you will need to register with us as a Driver by following the online prompts. You will be asked to provide certain information about yourself including your name, telephone number and email address.
You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
By registering as a Driver you are forming a contract with us. The contract between us will consist of your registration details, these Terms of Use and our Privacy Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms of Use and our Privacy Policy, or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.
PROVISION OF SERVICES TO DRIVERS
Following registration, we will make certain services available to you free-of-charge. The services will include the ability to post details of any automotive repair or servicing work you need a Mechanic to do for you (a “Job”), the ability to receive quotes from Mechanics to Jobs you have posted (“Quotes”), the ability to Schedule a Service with a Mechanic ("Bookings", “Schedule Service”).
You must only post a Job if you have a genuine requirement for the work detailed in the Job to be performed. In addition, you must ensure that the content of any Job you post complies with the provisions of our Acceptable Use Policy set out in Section 8 below.
If you do decide to use the services of a particular Mechanic as a result of your use of the ARM Website/Service, you agree to notify us by updating your Job details accordingly. You can do this by clicking the relevant button on the "Requests" page to view "Quotes", "Bookings", "Service Record", or "Schedule Service" from Quotes View.
Full details of the services available to Drivers will be published on www.autorepairmechanic.shop from time to time. We are continually seeking to develop and improve the services offered and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.
OUR RESPONSIBILITIES TO YOU
We will provide the ARM Website/Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the ARM Website/Service as a Driver you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
Although we have asked all users to use the ARM Website/Service responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the ARM Website/Service, which is provided by, or based on information submitted by third parties. This includes any information contained in the details of Mechanics who use and/or are listed on our website as well as any Quotes, Confirmations, Rescheduling, Emails and/or other Communication you may receive from Mechanics.
If you use the ARM Website/Service, you acknowledge and agree that we do not endorse or recommend any of the Mechanics who are listed or who use the ARM Website/Service and we do not check or verify all the information which Mechanics post on or transmit via the ARM Website/Service. You shall be solely responsible for checking and verifying any information which you access via or receive via the ARM Website/Service before acting on it and/or placing any reliance on it. If you choose to use the services of any particular Mechanic because of information you have received through your use of the ARM Website/Service you do so entirely at your own risk.
If you use the ARM Website/Service, you also acknowledge and agree that information contained in any Quotes for Jobs you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any Mechanic. This is the case even if you accept a quote or "schedule service" by clicking the relevant button on the ARM Website/Service. If you choose to instruct a Mechanic to carry out any work for you as a result of your use of the ARM Website/Service, we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Mechanic as a result of your use of the ARM Website/Service. Further information about how Quotes are formulated and their status is set out in Section 5 below.
PLEASE NOTE: We (www.autorepairmechanic.shop) will not under any circumstances have any responsibility to you, or liability to you, for the performance or quality of any work which you ask any Mechanic to carry out, or for any acts or omissions on the part of any Mechanic. Mechanics will at all times remain solely responsible to you for the work they undertake and their own acts and omissions.
STATUS OF QUOTES
When you post a Job on the ARM Website/Service you will receive Quotes from Mechanics based on the information you have provided, including your vehicle year, make and model and job type ("Service Type/Description"). The Quotes you receive will either be standard Quotes or "Auto Quote". All "Auto Quotes" will be clearly identified as such, with a "Diagnosis" estimate to your Quote Request.
Standard Quotes are generated where a Mechanic has either prepared a Quote in direct response to your Job, or previously provided a Quote which matches your specific Job/Service Type, or has otherwise provided us with information about what they would quote for your specific Job Description.
Auto Quotes are generated where we do not hold quoting data for a Mechanic which is an exact match for your Job Description. In these cases our Auto Quote Responder uses the quoting data we do hold for a Mechanic, as well as algorithms we have developed, to predict what the Mechanic is likely to quote for the Job.
PLEASE NOTE: All Quotes (including both standard Quotes and Auto Quotes) provided via the ARM Website/Service are indicative only and are subject to refinement or change by Mechanics before they commit to undertake any work. Whilst we work closely with Mechanics and continually seek to improve our systems and processes to ensure that Quotes are as accurate as possible, we cannot guarantee the accuracy of Quotes or that a Mechanic will ultimately be able to complete your Job for a Quoted price. We recommend that you seek confirmation of a Quote direct from a Mechanic, before you instruct them to undertake your Job.
THIRD PARTY/ ANCILLARY PRODUCTS AND SERVICES
From time to time we may offer, promote or make available via the ARM Website/Service, certain ancillary products and services offered by us (such as roadside assistance policies) ("Ancillary Products") and/ or products and services offered by third parties (such as repair finance) ("Third Party Products").
If you choose to purchase any such Ancillary Products or Third Party Products, you understand and agree that they will be subject to a separate agreement and terms and conditions, details of which will be provided to you as part of the purchase process.
All Third Party Products are provided by the relevant third party supplier and they (not ARM) shall be solely responsible to you for providing the Third Party Product in question.
PASSWORDS AND SECURITY
If you register to use ARM Website/Service you will be asked to provide a valid and current email address. You may also be required to create a password (“ID”) in order to activate and access your dashboard and use ARM Website/Service. You must keep your password/ID confidential and must not disclose it or share it with anyone else. You are responsible for preventing unauthorized use of your password/ID.
If you believe there has been a breach of security such as the disclosure, theft or unauthorized use of your password/ID, you must notify us immediately. If we reasonably believe that your password/ID is being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your password/ID until the issues has been resolved.
ACCEPTABLE USE POLICY
The ARM Website/Service allows registered users (including both Drivers and Mechanics) to create, edit and submit material for inclusion on or transmission via the Website/Service, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs, Scheduling a Service and sending messages (collectively “User Content”). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.
You agree to comply with all applicable laws and regulations when using the ARM Website/Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the ARM Website/Service. You must ensure that all User Content you transmit via the ARM Website/Service is lawful and honest. In particular you must not post or transmit via the ARM Website/Service any User Content that:
-
is fraudulent, dishonest or misleading;
-
is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
-
encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
-
infringes the copyright or other rights of any third party;
-
is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).
By submitting any User Content to us, or via the ARM Website/Service, you are granting us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the User Content on or through the ARM Website/Service for the purpose of operating the ARM Website/Service.
GENERAL DISCLAIMERS
While we endeavor to ensure that the information available on or through the ARM Website/Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the ARM Website/Service permits you to access and receive information supplied by third parties, or which is based on information or data supplied by third parties, including third party User Content. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.
Although we aim to offer you the best service possible, we make no promise that the ARM Website/Service will meet your requirements. We cannot guarantee that the ARM Website/Service will be fault or virus free or continuously available. Your access to the ARM Website/Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the ARM Website/Service, or any part thereof, at any time.
LIABILITY
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of ARM Website/Service or any fault or problem relating to the ARM Website/Service or any content received via the ARM Website/Service.
Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.
Your statutory rights as a consumer are not affected by these Terms & Conditions.
TERMINATION OF SERVICES
We may suspend or cancel your registration and/or terminate your access to or use of the ARM Website/Service and/or our agreement with you, if you are in breach of these Terms of Use or have made improper use of the ARM Website/Service.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using the ARM Website/Service.
The suspension, cancellation or termination of your registration and your right to use the ARM Website/Service shall not affect either party’s statutory right or liabilities.
INTELLECTUAL PROPERTY
Unless otherwise stated, the copyright, database right and other intellectual property rights in the ARM Website/Service (including without limitation all content, data, materials and technology used or appearing in the ARM Website/Service or transmitted through it) belongs to us or our licensors. All rights are reserved.
By using the ARM Website/Service you acknowledge and agree that we collect aggregated and anonymized data concerning usage of the ARM Website/Service and the Jobs and Quotes, Quoting Data Service Scheduling and Calls submitted to or via the ARM Website/Service. You agree that all intellectual property rights and other rights in such aggregated and anonymized data shall belong to www.autorepairmechanic.shop and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the ARM Website/Service (including any Drivers or Mechanic) can be identified.
PRIVACY AND COOKIES
The www.autorepairmechanic.shop website and the ARM Website/Service includes areas where you are requested to, or can, input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.
We use cookies on our website and as part of the ARM Website/Service. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.
GENERAL
All notices shall be given to us via email at arm.mechanics@mail.com, or to you at either the email or postal address you provide during registration. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.
If any provision of these Terms of Use is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms of Use and the remainder of the affected provisions shall continue to be valid.
The failure to exercise a right or remedy provided by these Terms of Use or by the law does not constitute a waiver of other rights or remedies.
We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website or the ARM Website/Service.
These Terms of Use will be subject to the laws of Canada and Canadian courts shall have jurisdiction to resolve any disputes between us.
These Terms of Use were last updated on June 1st 2020.
Mechanic Terms of Use
These Terms & Conditions (together with the documents referred to in them) govern your use of our website at www.autorepairmechanic.shop and all related sites, services, applications, and tools, which we operate from time to time (the “ARM Website/Service”).
These Terms of Use apply to you if you register/agree by verbal consent or written agreement to use the ARM Website/Service as a mechanic, or use the ARM Website/Service as a mechanic (“Mechanic”). If you are registering to use the ARM Website/Service as a driver, or you are using the ARM Website/Service as a driver (“Driver”) please refer to our Driver Terms of Use.
By using the ARM Website/Service you confirm that you accept these Terms of Use and that you agree to abide by them. If you are accepting these Terms of Use on behalf of a company or other business entity, you represent that you are authorized to do so.
The ARM Website/Service is operated by www.autorepairmechanic.shop (“We” or “ARM”).
You may contact us for all inquiries by email at arm.mechanics@mail.com.
REGISTERING “USE” AS A MECHANIC
In order to benefit from all the features of the ARM Website/Service available to Mechanics you will need to register with us as a Mechanic. You will be asked to provide certain information about your business including your business name, location and contact details.
In addition you may need to provide proof of address, insurance documents and any other documentation or information that we may consider necessary from time to time, as part of the registration process. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.
By registering as a Mechanic you are forming a contract with us. The contract between us will consist of your registration details, these Terms of Use our Privacy Policy and Code of Ethics. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms of Use our Privacy Policy and Code of Ethics or any other document or legal notice published on the ARM Website/Service from time to time, these Terms of Use shall take precedence.
PROVISION OF THE SERVICES TO MECHANICS
Following registration, we will make certain services available to you. The services will include the ability to include details of your business in our registration (“Use”), the ability to view or receive details of jobs which have been posted by Drivers (“Jobs”) and the ability to submit quotes in response to Jobs (“Quotes”), including using our Auto Quote responder and other methods and the ability to accept Driver Booking Requests (“Scheduling Service”) and online communication with Drivers using the ARM Website/Service channels.
Please note that Listings/Registration/Use of ARM Website/Service may not contain any contact details for your business, although you will have the ability to communicate with Drivers using the ARM Website/Service online messaging systems, email, and Mechanics Dashboard and you may also be given the opportunity to contact Drivers where you have submitted a Quote in response to a Job they have posted or a Service that has been Scheduled. You must also ensure that any information you post to or transmit via the ARM Website/Service, including any content contained in Registration/Listings and any Quotes, messages and telephone calls, complies with the provisions of our Acceptable Use Policy set out Section 12 below.
Full details of the services available to Mechanics via the ARM Website/Service will be published on our website from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the ARM Website/Service without notice.
USE OF ARM WEBSITE/SERVICES FEES
In order to “USE” the ARM Website/Service and in order to submit Quotes for Jobs, confirm or reschedule bookings and communicate with Drivers, Mechanics must become a member by paying the applicable membership fees (the "Membership Fees"). Information about our Membership Fees will be posted on the ARM Website/Service or sent to Mechanics via email from time to time.
Please note that payments made for Membership Fees are non-refundable irrespective of the number of Jobs which are notified to you and irrespective of whether or not you have submitted Quotes for Jobs or the number of Quotes which are submitted or the number of Services Scheduled or Jobs completed.
By becoming a member you agree that your membership will continue on a monthly basis and renew automatically every month thereafter (each a "Membership Month") and that the Monthly Membership Fee will be automatically charged to you, unless you have notified us 14 days before the renewal date that you do not wish to renew your membership for another Membership Month. You can cancel your membership at any point 14 days prior to the renewal date by emailing us at arm.mechanics@mail.com.
PAYMENT TERMS
Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees together with any applicable taxes by such method as we may reasonably require from time to time. Unless we have agreed in writing to invoice you for any fees due under this agreement (or agreed in writing to collect payment by some other method) we require that all fees be paid via a credit card, debit card, e-transfer or other payment method registered with us and you authorize us to collect all such payments immediately on the date that they become due. Where we have agreed to invoice you for any fees you agree to pay all such invoices within three (3) days of the date of our invoice.
In the event that we are unable to collect of any fees from your designated credit or debit card or other payment method, or (where applicable) you have failed to pay any invoice submitted by us by the due date for payment, then (in addition to any other rights and remedies which may be available to us) you agree that we may charge a late payment administration fee of $29.99 (the "Late Payment Administration Fee") together with interest on the overdue amount (from the due date up to the date of actual payment) at the rate of 3% per month above the base rate for the time being of the Bank of Canada. Such interest shall accrue on a daily basis and be compounded monthly. In these circumstances, we also reserve the rights to suspend your access to or use of the ARM Website/Service until any outstanding sums are paid in full and/ or to terminate our agreement with you in accordance with Section 15 below.
SUBMISSION OF QUOTES AND QUOTING DATA
By registering to use the ARM Website/Service, you agree that we may automatically submit Quotes on your behalf in response to Jobs which are posted in your area. Quotes will be formulated based on information provided by the Driver including vehicle make and model and Service type ("Job Description") as well as quoting data we hold for you ("Quoting Data"). Quotes will either be submitted to Drivers as standard Quotes or as "Auto Quotes". All "Auto Quotes" will be clearly identified as such, with a "Diagnosis" estimate to any Quote Request.
Standard Quotes will be generated where you manually submit a Quote in direct response to a Job, or may be automatically submitted on your behalf where you have either previously provided a Quote which matches the Job Criteria, or you have otherwise provided us with information about what you would quote for the Job Description, or a predetermined hourly rate diagnosis estimate as displayed in your Mechanics Dashboard Settings.
Auto Quotes may be automatically generated and submitted on your behalf where we do not hold Quoting Data for you which is an exact match for the Job Description or otherwise set in your Mechanics Dashboard. In these cases our Auto Quotes responder uses the Quoting Data we do hold for you, as well as benchmarking algorithms we have developed, to predict what you are likely to quote for the Job or have otherwise set in your Mechanics Dashboard.
PLEASE NOTE: If you use the ARM Website/Service, you understand, acknowledge and agree that any Quotes we submit on your behalf will be significantly influenced by the Quoting Data we hold for you or don’t hold for you. In general, the more up to date Quoting Data we hold for you the more accurate the Quotes we submit on your behalf are likely to be. We therefore strongly encourage Mechanics to provide as much Quoting Data as possible and to regularly review the Quoting Data we hold to ensure that it is accurate and up to date. We also encourage Mechanics to Login to their Dashboard daily or upon Quote Alerts to provide Quotes for Jobs posted by Drivers.
PLEASE ALSO NOTE: Whilst we are continually working to improve our Auto Quote responder and believe that the Auto Quotes it generates should (in most cases) provide a good indication of what a particular Mechanic is likely to quote for a particular Job, within acceptable accuracy tolerances, we do not represent, warrant or guarantee to that Auto Quotes will be accurate in all cases. Given the complexity involved in quoting for automotive servicing and repair work, no system can be perfect and errors and inaccuracies will inevitably occur. You should take care to carefully review all Auto Quotes which have been submitted on your behalf and update or amend them (either using the ARM Website/Service or in communications with Drivers) if you do not consider that they are accurate. Under no circumstances will we have any liability to you, for any losses or other matters, arising from inaccuracy or other error in any Auto Quote.
You can submit, review and update the Quoting Data we hold for you by emailing us the vehicle make and model, service type and updating the price. or by visiting your Mechanics Dashboard Settings page and updating your hourly rate, minimum diagnosis charge and Auto Quote setting. An Auto Quote can also be updated from the Quotes page in your Dashboard by viewing a specific customer quote, re-entering a Quote and clicking the Send Quote button for that particular Quote request and submit this to the Driver. After a request has Scheduled Service you cannot update the Quote for that specific Job within the ARM Website/Service. However, you can communicate any changes directly with the Driver and edit the price for future Quotes of a similar nature.
You must ensure that all Quoting Data you provide to us is (at the time of submission) accurate and not misleading.
We make it clear to all Drivers that all Quotes are indicative only and only become binding on Mechanics once the Driver has confirmed it directly with you. However, you should be aware that if you significantly change or depart from Quotes given, without good reason, this may adversely impact on a Driver's experience and impact on the Feedback and ratings they provide. We therefore, encourage you to provide us with comprehensive and up to date Quoting Data to ensure that your Quotes are as accurate as possible.
OUR RESPONSIBILITIES TO YOU
We will provide ARM Website/Service to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the ARM Website/Service as a Mechanic you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
You acknowledge and agree that we will enable Mechanics to post Quotes in response to a selection of Jobs based on criteria which we (in our absolute discretion) may determine from time to time. The criteria may include your geographical location as well as the quantity or quality of Quoting Data we hold for you amongst other criteria. In addition you acknowledge that the number of Quotes which may be transmitted to a Driver in relation to any particular Job may be limited to Quotes from a specified Mechanic. Accordingly, we do not provide any guarantee that registering as a Mechanic will result in you being able to submit Quotes, or in Quotes being submitted on your behalf, in relation to any Jobs, or in relation to any particular volume of Jobs, unless you have purchased a membership and entered an Exclusive Agreement with Us. Nor can we guarantee that your use of the ARM Website/Service will result in you acquiring any work or any particular volumes of work.
You acknowledge and agree that we do not check or verify the details of any Jobs which are posted. We have asked all users to use the ARM Website/Service responsibly and to provide accurate information, but cannot guarantee the accuracy, integrity or quality of any Jobs or other material which is posted by third parties (including Drivers).
By registering as a Mechanic you also understand and agree that Drivers who have used your services will be able to provide Feedback and we may give you a rating based on the Feedback you have received. Whilst we have asked all users of the Services to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (www.autorepairmechanic.shop) shall not have any responsibility to you or liability to you for any Feedback which is posted by any Driver and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or libelous, contact us and we will investigate but we shall not be obligated to take any action.
YOUR RESPONSIBILITIES
You agree to abide by these Terms of Use when using the ARM Website/Service and in your dealings with Drivers.
You also agree to abide by the ARM Website/Service Code of Ethics at all times when using the ARM Website/Service and in your dealings with any Drivers.
You agree that we shall be entitled to permanently or temporarily suspend your access to and use of the ARM Website/Service and/ or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms of Use or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental the ARM Website/Service or its reputation. Under these circumstances we shall not be obliged to give you a refund of any Membership Fees or Fees you have paid.
You agree that you will only use any information concerning any Driver and any Jobs they have posted, which we provide to you or which you obtain via the ARM Website/Service, for the purpose of submitting Quotes and (if you are selected to undertake the work) for the purposes of discussing that work with the Driver and undertaking the Work. You agree that you will not use such information for any other purpose without first obtaining the Driver's prior consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.
You shall be solely responsible for checking and verifying the details of any Job which is transmitted to you via the ARM Website/Service before you agree to undertake any work for a Driver and for agreeing with the Driver the terms on which any work will be performed.
You shall be solely responsible for complying with all applicable laws and regulations in your dealings with Drivers and for the performance and quality of any work which you agree to undertake for any Driver.
You agree that you must only use the ARM Website/Service in connection with your own business and must not (without our prior written consent) use the ARM Website/Service for the benefit of any other business providing automotive repair, mechanic and/or maintenance services.
PLEASE NOTE: By registering as a Mechanic and by using the ARM Website/Services you are agreeing that you shall be solely responsible for all products, services and work you may undertake or perform for any Driver or supply to any Driver and for your dealings with any Driver. You agree to indemnify us and hold us harmless from any costs, losses or claims which we may suffer or incur and which result from any information you submit or transmit via the ARM Website/Service or from any work which you may agree to perform for any Driver or from your dealings with any Driver or your use of their information.
PARTNER PROGRAMS
From time to time we may work with third parties to make certain opportunities to undertake automotive servicing and repair work available to our membership of Mechanics and/or to enable our membership of Mechanics to access discounted products or services or offers or benefits provided by or in partnership with third parties ("Partner Programs").
If you participate in any Partner Programs, you understand, acknowledge and agree that, in addition to continuing to comply with these Terms of Use, you must also comply with any applicable Partner Program Terms & Conditions or Service Level Agreements.
PASSWORDS AND SECURITY
If you register to use the ARM Website/Service you will be asked to provide a valid and current email address. You will then be asked to create a password (“ID”) in order to activate and access your Dashboard and use ARM Website/Service. You must keep your password/ID confidential and must not disclose it or share it with anyone outside your business or organization. You are responsible for preventing unauthorized use of your password/ID.
If you believe there has been a breach of security such as the disclosure, theft or unauthorized use of your password/ID, you must notify us immediately. If we reasonably believe that your password/ID is being used in any way which is not permitted by these Terms and Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.
ACCEPTABLE USE POLICY
The ARM Website/Service allows users (including Mechanics and Drivers) to create, edit and submit material for inclusion on or transmission via the ARM Website/Services, including (without limitation) by creating Listings, posting Jobs, submitting Quotes for Jobs, Accepting Booking Requests, Scheduling Service, Rescheduling Service Appointments, posting Feedback, Emails, Telephone Calls and sending messages (“User Content"). While we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.
You agree to comply with all applicable laws and regulations when using the ARM Website/Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the ARM Website/Service. You must ensure that all User Content you transmit via the ARM Website/Service is lawful and honest. In particular you must not post or transmit via the ARM Website/Service any User Content that:
-
is fraudulent, dishonest or misleading;
-
is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
-
encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
-
infringes the copyright or other rights of any third party;
-
is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).
For further information in relation to our approach to Feedback, please see our Feedback Policy.
By submitting User Content to us you are granting us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the User Content on or through the ARM Website/Service for the purpose of operating the ARM Website/Service.
GENERAL DISCLAIMERS
While we endeavor to ensure that the information available on or through the ARM Website/Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the ARM Website/Service permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.
Although we aim to offer you the best service possible, we make no promise that the ARM Website/Service will meet your requirements. We cannot guarantee that the ARM Website/Service will be fault or virus free or continuously available. Your access to the ARM Website/Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the ARM Website/Service, or any part thereof, at any time.
LIABILITY
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of ARM Website/Service or any fault or problem relating to the ARM Website/Service or any content received via the ARM Website/Service.
If we are found to have any liability to you under or in connection with these Terms of Use or in relation to the ARM Website/Services more generally, whether under contract, tort (including negligence) breach of statutory duty or otherwise, our total aggregate liability to you shall not, in respect of any and all liabilities arising in any Membership Month, exceed a monthly equal to the total Membership Fee paid by you to us in that Membership Month.
Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.
TERMINATION
We may suspend or cancel your registration and/or terminate your access to ARM Website/Service and/or our agreement with you, if you are in breach of these Terms of Use or have made improper use of the ARM Website/Service or we have reason to believe that you may have breached these Terms of Use or made improper use of the ARM Website/Service.
We may also terminate our agreement with you (and your membership) for convenience with effect from the end of your current Membership Month by giving not less than three (3) days prior written notice to you.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using the ARM Website/Service. If you terminate your subscription early, you will not be entitled to a refund of any Membership Fees and Fees you have already paid.
The suspension, cancellation or termination of your registration and your right to use the ARM Website/Service shall not affect either party’s statutory right or liabilities.
INTELLECTUAL PROPERTY
Unless otherwise stated, the copyright, database right and other intellectual property rights in the ARM Website/Service (including without limitation all content, data, materials and technology used or appearing in the ARM Website/Service or transmitted through it) belongs to us or our licensors. All rights are reserved.
By using the ARM Website/Service you acknowledge and agree that we collect aggregated and anonymized data concerning usage of the ARM Website/Service and the Jobs and Quotes, Quoting Data, Bookings and Service Scheduling or Rescheduling and Emails or Telephone Calls submitted to or via the ARM Website/Service. You agree that all intellectual property rights and other rights in such aggregated and anonymized data shall belong to www.autorepairmechanic.shop and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the ARM Website/Service (including any Drivers or Mechanic) can be identified.
PRIVACY AND COOKIES
The www.autorepairmechanic.shop website and ARM Website/Service includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.
We use cookies on our website and as part of the ARM Website/Service. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.
GENERAL
All notices shall be given to us via email at arm.mechanics@mail.com. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.
If any provision of these Terms of Use is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms of Use and the remainder of the affected provisions shall continue to be valid.
The failure to exercise a right or remedy provided by these Terms of Use or by the law does not constitute a waiver of other rights or remedies.
We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our website or the ARM Website/Service from time to time.
These Terms of Use will be subject to the laws of Canada and the Canadian courts shall have jurisdiction to resolve any disputes between us.
These Terms of Use were last updated on June 1st 2019.