If you are not completely satisfied with the Service or the Website, or have any questions or concerns about this Agreement, the Service, the Website, the Service fees, or any general inquiries, you may contact us via email at email@example.com.
AutoMech LLC (“AutoMech”) is pleased to offer our Concierge Maintenance service (the “Service”) via our website (the “Website”)
under the terms and conditions comprising these Customer Terms of Service (“Terms of Service”). If you are accessing or
using the Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity
to these Terms of Service.
The auto repair shops, auto technicians, drivers, and other third-party providers (“Service Providers”) in our network are independent contractors.
Please read these terms of service carefully as they bind you to a contract with AutoMech. This includes a binding individual arbitration and class action wavier clause in the Arbitration section that governs how disputes between you and AutoMech will be resolved.
These Terms of Service may change from time to time. When accessing the Website or through other means of notice as described in the Notices section below, you may be invited to review and accept material changes to these Terms of Service. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, whether or not you have actually reviewed them. AutoMech is not responsible for notifying you of changes to the Terms of Service. Please check the Terms of Service periodically for updates.
Eligibility/No Use by Minors
The Website and Service are intended solely for users 18 years of age or older. By using the Website or Service, you represent
and warrant that you are 18 or older and otherwise have the capacity to contract.
Use of the Website and Service is void where prohibited. The Service is not available to any individual whose account has been terminated. The Website and Service are intended for a United States audience and are controlled and offered by AutoMech from Chicago, Illinois and hosted in the United States of America. AutoMech makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Our Goal is to make taking care of your vehicle convenient. AutoMech enables its customers to access and use the Website and Service to help busy people service their vehicles in a time efficient, reliable, and cost-effective way. Through our Website, you can control each step of getting your car serviced from arranging a pickup time to requesting specific auto repair and maintenance services. Everything will be handled by the AutoMech team and our Service Providers, and we will work our hardest to ensure reaching your expectations.
You do not have to register to visit the Website. However, to access certain features of the Service, including submission
of Service Requests (as defined in Scheduling a Service Request), you will need to register and create a user account and
password through the Website. Your account gives you access to the Service and any other features and functionalities that
we may establish and maintain from time to time in our sole discretion. When you register, you will be asked to provide or
and mobile number. You represent and warrant that all of your information is accurate and correct, and agree to keep this
account information current. Your account may not be used to request auto repair or maintenance work to be performed for
another person or business entity.
Scheduling a Service Request
You may submit a maintenance or repair request through the Website (“Service Request”). Before submitting a Service Request,
(ii) details about the vehicle, (iii) the requested date and time for pick-up of your vehicle, (iv) location information
and (v) whether you have a promo code.
After submitting the Service Request, AutoMech will get in contact with Service Providers. After getting in touch with the Service Providers, we will send you an email with options (including quoted prices for the service you have requested, the forecasted service time, and the pickup time). After you receive the reply email from us, you will have to decide whether any of the options interest you and if one does then you will choose the Service Provider you would like to use.
You are entitled to have any replaced parts returned to you, and you will be responsible for the proper disposition of such parts in accordance with all applicable laws, regulations, and rules. AutoMech reserves the right to dispose of any such parts if not requested to be returned to you by your request submitted through the Website specifying the parts you are requesting to be returned at the time the Service Request is submitted. The replaced parts will be returned to you with your vehicle upon the completion of the Service Request and will be placed either near the driver seat or the trunk. Your history of Service Requests submitted through the Website, including fees charged and maintenance and repair information about your vehicle will be stored on your account.
You must be available during your scheduled vehicle pick-up and delivery times to personally transfer the vehicle key to the driver.
You are responsible for removing all items of value from your vehicle before your scheduled pick-up. AutoMech shall not be responsible for and hereby disclaims any and all liability for any loss or damage to items left in your car during the Service.
You are responsible for providing an operable vehicle fulfilling the requirements of applicable laws, regulations, and rules. If your vehicle is or becomes inoperable, we may engage a towing company to tow your vehicle to a repair shop in our network for an additional charge.
Service Fees / Payment Terms
After you have selected a Service Provider and service, we will place a hold charge on the credit card we have on file,
for the quoted service amount. We will keep this hold on the card until our service has concluded, at which time you will
be charged the final price of the service. All payments to AutoMech will be handled by Stripe, Inc.’s payment processing
Direct payments or other transactions outside of the Service to the drivers or other Service Providers is strictly prohibited. We do not require you to tip your drivers or other Service Providers. Rather, we recommend giving your drivers and other Service Providers favorable ratings and positive reviews to show your appreciation.
Changes to or cancellations of a Service Request may be made on the Website at no charge at least 24 hours prior to the confirmed
vehicle pick-up time. For changes or cancellations made with less than 24 hours’ notice before the confirmed vehicle pick-up
time, a cancellation fee of $30 will apply and will be charged to your credit card. Changes to or cancellations of a Service
Request while your vehicle is being serviced shall be subject to a Service fee based on the work performed up to the time
of change or cancellation of the Service Request. In the event of any changes or cancellations after the completion of the
Service Request, the full Service fee shall apply. If we are unable to reach you at the mobile number you provided to us
for pick-up or delivery of your vehicle, fees may apply.
Security and Usage Restrictions; Termination
You will use the Website only for personal, non-commercial use.
You will not circumvent, disable, or otherwise interfere with the security and functionality of the Website or of features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website or its content.
You will not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
You will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or its content.
You will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
You will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack or introduce any viruses or malware into the Website.
Failure to abide by these provisions may subject you to civil or criminal legal action and may result in termination of your account or in termination of your license to use the Website or Service.
grants to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable, right to access and use the Website
and Service in the United States.
You acknowledge and agree that AutoMech and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Website and Service, and no rights in the foregoing are transferred to you hereunder. Text, images, graphics, sound, animations, videos, and other content, as well as the arrangement of the same on the Website, are protected by copyright and other intellectual property rights of AutoMech and its third-party licensors. The foregoing content of this Website may not be copied, disseminated, altered, or made accessible to third parties for commercial purposes.
All AutoMech trademarks, service marks, typefaces, company designs, logos, and emblems on this Website are protected by trademark law. The marks and design elements used on our Website are the intellectual property of AutoMech LLC and its affiliates. You will not copy, use, infringe upon, misappropriate or otherwise violate these marks and design elements. The Website may also contain other product, service and/or company names that may be the trademarks of their respective owners.
You will not and will not cause others to (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, offer for sale, or create modifications, enhancements, or derivative works based on the Website or Service, or any intellectual property rights therein or thereto, or any portions thereof, or (ii) rent, lease, loan, sell, or offer for sale access to or use of the Website or Service, or any intellectual property rights therein or thereto, or any portions thereof.
Links / Third-Party Websites
The Website may contain links to third-party Websites that are not owned or controlled by AutoMech. A link to a non-AutoMech Website does not mean that AutoMech endorses or accepts any responsibility for the content, or the use, of such Website. AutoMech has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites.
It is the policy of AutoMech to respond to claims of copyright infringement.
You may not post, upload, or otherwise place any content or information on or through
the Website that belongs to a third party, unless you have the legal right to do so.
If you believe in good faith that your copyrighted work has been reproduced on or through our
Website without authorization in a way that constitutes copyright infringement, you may notify
our designated copyright agent for the Website (“Designated Agent”) at the phone number, email
or mailing address set forth below. AutoMech will promptly process and investigate notices of
alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17,
United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
520 S STATE STREET
CHICAGO, IL 60605
To be effective, the notification must be a written communication that includes the following:
Reliance on Information
You acknowledge and agree that communications on or through the Website, or with AutoMech, our Service Providers, or other users, are at your sole and exclusive risk. We do not represent, warrant or guarantee that any Service Provider, user or other person contributing to the Website or Service has achieved any particular level of expertise or knowledge or has any specific qualifications or credentials, including, without limitation, as to the subject matter to which their contributions relate. We do not independently verify or attempt to confirm any information they provide, nor their qualifications or credentials. AutoMech cannot and does not represent or warrant the accuracy, completeness or truthfulness of the contributions of any Service Provider, user or other person contributing to the Website or Service.
Preconditions to Service
You agree that your use of the Website and Service shall be at your sole and exclusive risk. To the fullest extent permitted
by law, the Website, Service, and Parts are provided on an “as is,” “where is,” “as available,” and “with all faults” basis,
without any warranties or representations, express, implied or statutory. AutoMech expressly disclaims any and all implied
warranties including without limitation warranties of title, merchantability, fitness for a particular purpose, or non-infringement
of intellectual property. AutoMech cannot and does not guarantee or promise any specific results from use of the Website
AutoMech makes no warranties or representations about the accuracy or completeness of the Website or its respective content, or the content of any sites linked to the Website, and assumes no liability or responsibility for (i) any personal injury or death or property loss or damage, of any nature whatsoever, resulting from your access to or use of the Website, Service or from conduct of any AutoMech employees, Service Providers or users of the Website or Service, whether online or offline; (ii) any unauthorized access to or use of our or our Service Providers’ secure servers and/or any and all use of or loss or corruption of personal information (including without limitation, financial information) stored therein; (iii) any interruption or cessation of transmission to or from the website; (iv) any bugs, viruses, malware, Trojan Horses, or the like which may be transmitted to or through the Website or any use of disabling code; (v) any errors, inaccuracies or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, conveyed or otherwise made available via the Website or Service; and (vi) maintenance or repair work or parts, whether coordinated through the Website, Service or otherwise.
AutoMech does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, Service or any hyperlinked website or featured in any advertising, or by any Service Providers outside of the Service, and AutoMech will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event shall AutoMech, its affiliates, its Service Providers and each of their respective contractors, officers, members,
managers, employees, or agents, successors or assigns be liable to you for any direct, indirect, incidental, special, punitive,
or consequential damages whatsoever resulting from (i) any personal injury or death or property loss or damage, of any nature
whatsoever, resulting from your access to or use of the Website, Service, parts or from the conduct of any AutoMech Employees,
Service Providers or users of the Website or Service, whether online or offline; (ii) any unauthorized access to or use of
our or our Service Providers’ secure servers and/or any and all access to, use of or loss or corruption of personal information
(including, without limitation, financial information) stored therein; (iii) any interruption or cessation of transmission
to or from the website; (iv) any bugs, viruses, malware, Trojan Horses, or the like which may be transmitted to or through
the Website or any use of disabling code; (v) any errors, inaccuracies or omissions in any content or any loss or damage
of any kind incurred as a result of the use of any content posted, emailed, transmitted, conveyed or otherwise made available
via the Website or Service; and (vi) maintenance or repair work or parts, whether coordinated through the Website, Service,
or otherwise, whether based on warranty, contract, tort (including negligence), strict liability, statute, or any other legal
theory, whether or not AutoMech has been advised of the possibility of such damages, and notwithstanding the failure of essential
purpose of any remedy.
You agree to release, hold harmless and indemnify AutoMech from and against any and all claims, demands, liabilities, losses, damages, fines and expenses arising from your access to or use of the Website or Service. In no event shall the liability of AutoMech, its affiliates, and each of their respective officers, members, managers, employees, or agents, successors or assigns exceed, in the aggregate for all claims, an amount that is the lesser of (i) the fees paid by you for the service request in which the event giving rise to liability occurred, if any, or (ii) US $1,000.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction and shall survive termination of these Terms of Service.
You and AutoMech acknowledge that these Terms of Service are between you and AutoMech only and that AutoMech is solely responsible for the Website and the content thereof.
Intellectual Property Rights
You and AutoMech acknowledge that, in the event of any third-party claim that the Website or your possession and/or use of the Website infringes that third party’s intellectual property rights, AutoMech will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You and AutoMech acknowledge that AutoMech is responsible for addressing any claims of you or any third party relating to the Website or your possession and/or use of the Website, including, but not limited to: (i) product liability claims; (ii) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Use of the Website does not include the provision of a mobile device or other necessary equipment to access it. To use the Website, you will require internet connectivity and appropriate telecommunication links. AutoMech shall not have any responsibility or liability for any telephone, mobile data or other costs you may incur.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions.
You and AutoMech agree that, the sole and exclusive forum and remedy for any and all disputes and claims relating in any
Class Action Waiver
Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including the breach, termination or validity thereof, shall be finally resolved by arbitration, provided that the foregoing shall not prevent AutoMech from seeking injunctive relief in a court of competent jurisdiction. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
Any delay in the availability of the Service or non-performance of any Service Request shall not be deemed a breach of these Terms of Service if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet Service Providers), labor strike or walk-out, act of God, or any other event beyond the reasonable control of AutoMech or its Service Providers.
These Terms of Service, and all rights and licenses granted hereunder, may not be transferred or assigned by you without AutoMech’s prior written consent, but may be assigned by AutoMech without restriction. Any attempted assignment by you will be null and void.
Entire Agreement; Severability
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and AutoMech’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and fax to
the number you provided to us. By agreeing to being contacted by us, you understand and agree that you may receive communications
concerning your account or use of the Website or Services, including confirmations, other transactional communications and
satisfaction ratings. You may opt out of receiving text messages from AutoMech at any time.