WeAuto Terms and Conditions
Last updated: 08/18/2022
By using this website or app, for any purpose including making a booking for service or repairs to your vehicle you confirm that you have read and understood and agree to abide by these Terms of Service (Terms).
These Terms of Service apply to your use of this website (Website) operated by WeAuto Service LLC, a Georgia Company (referred to below as "WeAuto" or "us" or "we" or "our") and also applies to any information provided by us on this Website or our mobile, and any messages sent to or from us electronically.
By using this Website or our mobile app, the user (you) confirms his/her agreement to all of the Terms. We may vary our Terms at any time without notice and, if we do, we will provide an updated version of our Terms on this Website.
If you do not agree to any of our Terms, you must not use any of the services offered on our Website.
The content on or accessible through WeAuto is for informational purposes only and does not constitute technical advice related to your vehicle.
Agreement
Our Service
(a) WeAutois a booking service matching users requests for service and repairs to vehicles with service providers (Suppliers) that wish to perform the requested services.
(i) WeAuto has created a network of third party Suppliers in the US that are experienced in servicing vehicles and making repairs.
(ii) WeAuto facilitates booking requests from its users with third party Suppliers registered with AutoGuru.
(iii) WeAuto is not a party to, or responsible for, any service or repair work provided by a Supplier / Business to you. WeAuto IS NOT LIABLE.
(iv) WeAuto will not be a party to any disputes between Suppliers and you.
(v) WeAuto is not liable in any way for any service delivered or service failure by any Supplier for any reason.
(b) To register to make a booking to have your vehicle serviced or repaired, you must:
(i) Be at least 18 years of age and legally capable to agree to these Terms and Conditions of Use of Service.
(ii) Accurately complete a booking request form on our Website which includes your personal contact and other information and your vehicle details such as (but not limited to):
(A) make;
(B) model;
(C) vehicle registration number;
(D) scheduled service interval per the manufacturer's log book and / or vehicle odometer reading; and preferred location postcode;
(E) selecting the required (Service) from available choices;
(F) selecting a preferred Supplier; and
(G) selecting a preferred day and time of arrival for service at the selected Supplier.
(c) When you make a booking request with AutoGuru, WeAuto will notify the Supplier selected by you. The Supplier has agreed with us that it will then confirm with WeAuto if it can provide the service or required repairs requested and if the day and time selected for service or repair are agreed by the Supplier.
(i) Or when requesting a quote via WeAuto the request is sent to the supplier and any subsequent booking is direct with the supplier. WeAuto will not provide an email confirmation for a direct booking and all communication is between the customer and supplier. WeAuto cannot guarantee a response from the supplier and has included the supplier's contact details on the email so you can make contact directly with the supplier.
(d) If your booking request is accepted by a Supplier, WeAuto will confirm the booking with you in writing (usually by email or SMS).
(e) If any issues arise with your proposed booking with the Supplier, WeAuto may, at its discretion, work with the Supplier and with you to resolve them, if possible. You agree that it may not be possible to fulfil all booking requests you attempt to make with our service.
(f) WeAuto gives no guarantee that a booking will be honoured by the Supplier and in such an event, you should take up the matter with the Supplier.
(g) A booking through our service is intended to create a legal agreement between you and the Supplier. The Supplier will provide services described in the booking. You will pay for services described in the booking.
(h) WeAuto is not a party to or responsible for either party in any such agreement between you and a Supplier. Apart from facilitating the booking, WeAutodoes not provide any vehicle service or repairs and is not responsible for representations made by the Supplier, the quality of the vehicle service or repairs provided to you by a Supplier or any warranties offered by the Supplier or which you are entitled to from the Supplier under the United States Consumer Laws.
(i) The Supplier you select has agreed with you (using us as an intermediary) to provide a service or repair for you and you will be responsible for payment directly to the Supplier if you choose the pay on pick up option; any price indication (by way of quote or estimate) is supplied by the Supplier and merely communicated to the Customer by WeAuto and any variation from a price indication is a matter for the Customer and the Supplier to resolve between themselves.
(j) WeAuto is not responsible for any transactions and disputes between Suppliers and you.
(k) WeAuto does not represent that it has any skills or expertise pertaining to the service or repair of motor vehicles. We act simply as an intermediary between you and the Supplier.
(l) WeAuto acts as an intermediary between the Customer and Supplier; the contract for performance of any repair work is between the Customer and the Supplier
(m) WeAuto is not liable as to the nature or suitability of the service or repairs provided by a Supplier to you.
(n) To the extent you permit a Supplier to use, operate, repair, service or otherwise take possession of your motor vehicle, you release and discharge WeAutofrom and indemnify WeAuto against any loss or liability WeAuto may suffer or incur of any description whatsoever arising as a result of negligence, or the acts or omissions of the Supplier.
(o) In no event will WeAuto be liable to you for any direct, indirect, incidental or consequential damages or losses whatsoever arising from:
(i) defective service or repair work carried out by a Supplier;
(ii) damage caused to (or the loss of) any property belonging to you or any personal injury or loss of life suffered by you relating to goods and services provided by a supplier, including without limitation, services performed on your motor vehicle or the Supplier’s use and operation of that motor vehicle;
(iii) misleading or deceptive conduct of a Supplier in its dealings with you;
(iv) the failure of a Supplier to comply with any law, including the United States Consumer Laws, product safety laws and workplace health and safety laws
and such damages or losses you may suffer include, without limitation, damages for loss of profits and business interruption.
(p) Payments
(i) WeAut omay determine in its own discretion, from time to time, the methods of payment (payment methods) available on app.weautoservice.com Credit Card through Stripe Connect. We reserve the right to not offer all payment methods. By submitting a payment method, you:
(a) confirm that your use of the payment method is authorized and that all information that you submit is true and accurate;
(b) authorize us to charge to the payment method all amounts payable by you to us (including Vat and any other applicable taxes) based on the items you order.
(ii) you authorise us to make authenticity checks we consider appropriate regarding your payment method and your right to make payment in that manner and if we suspect that any order is fraudulent or involves stolen identity or payment information, we reserve the right to involve any law enforcement and credit agencies we deem fit.
(iii) Where payment is made by the available payment method (WeAuto Stripe ) you must satisfy yourself with the terms and conditions of the relevant provider of that payment method. Once a payment is made to us by a relevant provider, any queries or disputes concerning payment terms, interest (where applicable) or other matters should be addressed to your chosen provider.
(q) Please note, except to the extent required by law, that the Supplier, and not WeAuto is:
(i) the seller, supplier and/or provider of the booked Service
(ii) the party who enters into a contract with you when the booked service is performed; and
(iii) solely responsible for providing the you with the Booking Service and for the Service itself
(r) Under no circumstances is WeAuto acting as the partner or joint venturer of the Supplier.
(s) Prepayments are taken by WeAuto as an agent for the Supplier that actually provides the products or services described in the booking.
(t) In the case of services described, WeAuto is not the provider of such services and has no responsibility for the services performed.
(u) WeAuto makes no warranty or representation regarding the standard of any services provided by a Supplier.
(v) Except to the extent required by law WeAuto has no liability to you for products or services described in a Booking.
(w) Parts - Instantly priced quotes provided through WeAuto are based on the prices of quality aftermarket parts that meet or exceed manufacturer recommendations. If these aftermarket parts are unavailable at the time of your booking, genuine parts from the manufacturer may be required. If genuine parts are required, this will be at an additional cost. Customers will be advised of this prior to these parts being installed on their vehicles.
((z) Cancellations:
Additiona Payment Terms
WeAuto uses a third party payment processor,Stripe Connect, a division of Stripe, to validate credit and debit cards and process payments. WeAuto does not directly receive or store your credit or debit card information. When you schedule a Job you will be asked to authorize a charge to your card upon completion of booking the Job for the amount of the quote you accepted on the App or the Site for the Job you want performed. Upon completion of the Job, your debit or credit card will be charged for the amount specified, as well any applicable sales tax, if any. Although your credit or debit card provider may give you notice of the authorized charge, your card will not be charged, and no funds will be transferred to WeAuto, until the Job is completed.
(aa) Reviews:
Once your service has been completed you will be sent an invitation to review your experience with the service provider. All reviews must adhere to our community guidelines.
Licence to Use Website
(a) WeAuto grants to users of its web service a limited, revocable right to access and use the Website and mobile app as set out in these Terms and to print pages from the Website and mobil only for your personal and informational purposes.
(b) Except as expressly permitted in these Terms and as allowed by applicable laws, no part of our Website may be reproduced, adapted or transmitted in any form or by any process, without the specific written consent of WeAuto.
(c) To use this Website or mobile app, you agree to receive communications from us and from our third party service providers and you agree to accept "cookies" and other similar devices used by this Website or mobioe to perform our services. You also agree that we may call or email you about any incomplete or unconfirmed enquiry you make through our Website or mobile app.
(d) WeAutomay terminate your licence to use this Website at any time for any reason at WeAuto's sole discretion, including but not limited to:
(i) Failure by you to accept services pursuant to any confirmed booking made via this Website;
(ii) Failure by you to pay any invoice rendered to you by a Supplier pursuant to booking you make via the Website;
(iii) Supply by you of inaccurate information to WeAuto or to a Supplier or another service provider of ours;
(iv) Harassment by you of other users of the Website;
(v) Violation by you of any law or rights of a third party, including but not limited to third party intellectual property rights;
(vi) Posting by you of material on the Website which promotes non WeAuto authorised commercial activity;
(vii) Misuse by you of the Website including using it to send spam or other unsolicited electronic communications or distributing viruses or malware to us or to other Website users;
(viii) Misuse by you of our content, or of third party content, posted on the Website or mobile, including unauthorised reproduction of all or portions of this Website or for posting false, misleading or harassing content or any content that you are not authorised to post; or
(ix) Conduct by you that we consider detrimental to our business and our other Website users.
(e) WeAuto may immediately terminate, without any liability to you, any confirmed Booking request at any time, without giving reasons.
Warranties and indemnification obligations
(a) To the maximum extent permitted by law, the service on this Website is provided by WeAutoon an "AS IS, WHERE IS" basis and without any warranty as to accuracy or suitability for any purpose.
(b) In using our service, you acknowledge and agree that you have not relied upon or been induced by any representation by WeAuto and that, without limiting the foregoing, WeAuto gives no warranty or representation as to:
(i) the results that may be obtained through the use of the Website or mobile app;
(ii) the accuracy, reliability or otherwise of any information obtained from or displayed on this Website or mobile app;
(iii) the Website or mobile app being available at any time or at all;
(iv) the Website or mobile app being error free;
(v) the nature or quality of any services provided by any Supplier to you as a result of a booking through the Website or mobile app; and
(vi) the goods and or services purchased or obtained through the Website or mobile app being of merchantable quality or otherwise suitable for your purposes.
(c) To the maximum extent permitted by law, you agree to indemnify, keep indemnified and hold harmless WeAuto and its officers, employees, agents, subsidiaries and affiliates against all claims (including third party claims), demands, damages, costs (including legal costs), penalties or suits arising out of or consequential upon:
(i) the use of the Website;
(ii) any dispute between you and a Supplier;
(iii) any negligence by a Supplier in the provision of any service to you;
(iv) any loss or damage suffered by or through you arising from or related to the provision of any service by a Supplier; and
(v) any loss or damage suffered by or through you arising from or related to the use of the Website.
(d) WeAuto accepts no liability in respect of any loss or damage arising from any third party content displayed on the Website or mobile app, including any information provided by or relating to Suppliers and other information which appears on the Website or mobile app. Information displayed on the Website or mobile app may be:
(i) out of date;
(ii) inaccurate in whole or in part; or
(iii) the result of duplication or confusion between Suppliers where two or more Suppliers have the same or similar name
(e) WeAuto will determine, in its sole discretion, the method by which it confirms to you the results of your use of our booking system.
(f) Our confirmation of the booking you have made with a Supplier is the only service WeAuto provides to you via the Website.
(g) From the time you drop your vehicle off to be serviced all further dealings and communication regarding the service or repair is between you and the Supplier. WeAuto is there to help when issues arise however are in no way liable for the outcome with the Supplier.
(h) WeAuto is not liable for liability, costs or damages suffered or incurred by you resulting from any communication directly between you and the Supplier.
(i) Except where otherwise indicated in these Terms and Conditions, WeAut ois not an agent or partner of any of the Suppliers included with or on this Website and WeAuto has no responsibility for and no liability whatsoever in respect of the conduct of an appointment by the Supplier, timing of or attendance at an appointment or quality of service provided by a Supplier.
(j) A Supplier has no authority to make representations on our behalf or bind us in any way.
Review of content and Linked Third Party Websites and Information
(a) WeAuto may from time to time review and remove content posted on our Website or mobile app by you and by other Website users at its sole discretion.
(b) WeAutore serves the right to cooperate with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law on the Website.
(c) If you would like WeAuto to review any material on our Website, please contact us by email at the address set out on this Website.
(d) The Website may contain links to third party information and products. Such third party content and links are not owned, operated or maintained by WeAuto and they are not endorsed by or affiliated with WeAuto in any way, unless otherwise indicated on the Website.
(e) WeAuto is not responsible for the content of any third party material appearing on the Website or any third party sites linked to the Website. Such information, advertisements or links are purely for information purposes only and are not endorsements by WeAuto as to the quality, accuracy or completeness of the third party information or third party websites.
(f) If you decide to access any of the third party services or websites advertised or linked to our Website, you do so entirely at your own risk and, as far as lawfully possible, WeAuto accepts no liability or responsibility for your actions or omissions on the linked sites.
User Supplied Content
Subject to AutoGuru's legal obligations with respect to privacy:
(a) Any information or material submitted by you through any facility on our Website or mobile app (User Material) will be considered as having been voluntarily submitted by you for use by WeAuto and is not confidential. By providing WeAuto with User Material via the Website or mobile app, you:
(i) grant WeAuto a non-exclusive, royalty-free, perpetual, irrevocable and fully sub licensable and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display, such User Material throughout the world in any media and irrevocably grant WeAuto the right to publish the name you use to submit the User Material;
(ii) You represent and warrant that you own or otherwise have the exclusive right to grant us the licence in (i) and that the User Material is accurate, does not violate these terms and conditions or our policies and that it will not cause injury to any person or entity; and
(iii) agree to indemnify and hold WeAuto and its directors, officers, agents and employees (for whom WeAuto accepts the benefit of this clause as trustee and agent) from and against losses, damages, costs and claims (collectively, Claims) resulting from publication on our Website or mobile app of User Material you post, including but not limited to any Claims by you or against you. Without limiting the foregoing, you irrevocably agree and undertake in favour of WeAuto never to bring any claim against WeAuto related to any User Material or your name that you post on the Website or mobile app .
(b) You represent and warrant in favour of WeAuto that you are authorised to submit any User Material you submit to WeAuto and that WeAuto is free to use any such User Material without any restriction or prior notice to you, whether for WeAuto commercial or non-commercial purposes and without any compensation to any person or entity.
(c) If you post any User material, such as reviews or comments, on our Website, you represent to us and we rely on that representation in publishing such material, that the User Material is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
(d) You acknowledge your understanding that if you post User Material about your experience with a Supplier on our Website or mobile app, we may also publish that Supplier's response to your post on our Website or mobile app and that such response will be visible to other users of our Website or mobile app.
(e) Without limiting any other provision of these terms and conditions, WeAuto may at its sole election and at any time, remove or edit User Material, but has no obligation to review User Material or responses posted by Suppliers and other persons.
Copyright in Website or mobile app Content
Copyright in all content contained on the Website, including but not limited to text, drawings, photographs, page layout and look and feel, subsists under and is protected by, the Copyright Act 1968 (Cth), the Trade Marks Act 1995 and other international copyright laws and is, unless stated otherwise, owned by WeAuto or used by WeAuto under licence.
WeAutoTrademarks
(a) Unless otherwise indicated, WeAuto and app.weautoservice.com are trademarks and trade names belonging to WeAuto.
(b) Any use of these trademark and trade names without our prior written consent is expressly prohibited. Please contact us if you would like to use our trademarks and trade names.
(c) Third party trademarks may appear on this Website and all rights therein are reserved by the registered owners of those trade marks.
Linking to the Website
(a) You may not make any part of the Website or mobile app available as part of another website by use of inline imaging, framing technologies or any other method of incorporating parts of the Website or mobie app into another site, without the prior written consent of WeAuto.
(b) You will be liable for any direct or indirect damages to or loss suffered by WeAutodue to unauthorised hyperlinking to or framing of our Website and you agree that you will fully indemnify WeAuto in respect of any loss or damage suffered by WeAuto due to such actions.
Third party incentives and promotions
(a) From time to time, you may be given the option to participate in reward or similar programs to obtain certain products or services provided by third parties (Program Partners) that may be promoted on the Website or app. Participation in those programs will be governed by separate terms and conditions that you must agree to prior to your decision to participate.
(b) WeAuto will integrate Program Partners into the Website at its discretion.
(c) WeAutore serves the right to change the terms of any promotion offered with or through any Program Partners at any time. WeAutois not responsible for changes to or discontinuance of any program.
(d) Unless stated otherwise, the products and services promoted on the Website as being provided by a Program Partner are supplied by that Program Partner and not by WeAuto and the Program Partner's standard terms and conditions (governing for example delivery, refunds etc.) will govern your agreement to acquire those goods or services.
(e) Any offers or representations made by Program Partners are made by the Program Partner only and WeAutodoes not give any warranties, guarantees or representations regarding the quality of any merchandise, products or services offered or provided by any Program Partner. WeAuto is not responsible or liable to you for any losses you may suffer in the event that the Program Partner fails to comply with its obligations to you.
Limitation of Liability
(a) WeAuto does not charge fees to you for use of its service to make a booking with a Supplier using this Website or app . To the maximum extent permitted by law, WeAuto will not be liable to you for any direct, indirect consequential or any other damage you may incur as a result of your use of this Website or app, which is entirely at your own risk.
(b) While WeAuto takes all reasonable care to include accurate and up-to-date information on the Website, the information provided should not be relied upon as being error free or accurate and WeAuto makes no representation or warranty as to the timeliness, accuracy, suitability or completeness of any information, content, services, materials and products provided on or via the Website or app, nor does it accept any responsibility arising in any way for errors or omissions.
(c) To the maximum extent permitted by law, WeAuto accepts no liability or responsibility for the actions or omissions of any Supplier goods or services received by you as a result of your use of this Website or app service.
(d) As far as lawfully possible, WeAuto accepts no liability or responsibility for the actions or omissions of any other users of the Website or app in relation to the content contained herein.
(e) All information provided on the Website or app is general in nature and does not constitute technical or any other form of advice and is provided 'as is' without warranty of any kind, express or implied, to the fullest extent possible under law.
(f) In no event will WeAuto be liable to any party for any direct, indirect, incidental or consequential damages or losses whatsoever arising from access to, reliance on, or use of or downloading of information from the Website or app , (or any associated or linked online service), including, without limitation, damages for loss of profits, business interruption, loss or information or damage to systems due to viruses or other harmful components.
(g) WeAuto is not responsible for the deletion, failure to store, misdelivery or untimely delivery of any material accessed through the Website, app or external sites and will not be liable for any damage or loss whatsoever resulting from any users of the website or app downloading or accessing any information or material through the Website or app.
(h) WeAuto does not accept any responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of the Website or app (including hypertext links to external sites if any) for any reason whatsoever.
(i) WeAuto does not guarantee that files or programs executed and/or downloaded from this Website or app or provided via this Website or app are free from viruses and other unauthorised or malicious code or corruption that could damage or interfere with data, hardware or software and WeAuto is not liable for any such damage or interference which may be suffered in connection with use of our online services.
(j) WeAuto does not guarantee the security of any information sent to the Website via the internet and such information is sent at the transmitter's own risk.
(k) WeAuto does not endorse the content of advertisements appearing on the Website and has no liability in respect thereof.
Changes to the Website
(a) WeAutore serves the right to revise, change, modify or delete the content of any part of the Website, including any product or service available through the Website or app , at any time in its sole discretion and without prior written notice.
(b) WeAuto reserves the right to terminate or restrict access to the Website or app or modify, suspend or cancel any of the online services provided via the Website or app at any time without notice.
Updates
WeAutore serves the right to revise, change or modify these Terms at any time by posting new Terms on the Website or app. You are bound by any such revisions and should therefore visit the Terms each time you visit the Website or app to review the current Terms by which you must abide.
Intellectual Property
(a) You acknowledge that all intellectual property contained on or within the Website or app is and remains at all times the property of WeAuto or the other parties identified. You agree not to use the information or other material on the Website or app for any purpose or in any manner that would, in any way, infringe WeAutointellectual property rights or those of the owners of the rights. Except for the temporary copy held in your computer's cache, the material referred to above may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without prior written approval from WeAuto or the approval of the relevant copyright owner.
(b) Nothing displayed on the Website or app grants any licence or right of use of any logo, or trademark displayed without the express written permission of the relevant owner.
Referral Program
(a) You may refer other persons to the Website at any time. From time to time WeAuto may offer a reward based referral scheme to users (Referral Scheme). However there is no obligation to give you rewards unless:
(i) User referrals are made specifically in conjunction with an authorised Referral Scheme;
(ii) Users have complied with the rules and conditions of the Referral Scheme (which will be published on the Website or app);
(iii) User referrals are eligible to use of the Website or app;
(iv) a User referral joins as a User prior to termination of the Referral Scheme; and
(v) a User has not used spam or spamming techniques or other improper means to obtain referrals.
Dispute Resolution
(a) All questions or disputes relating to the Website or app including these terms should be submitted to WeAuto to resolve directly with you.
(b) WeAuto will endeavour to resolve any disputes expeditiously.
(c) The User acknowledges that any complaints or enquiries in relation to any goods or services supplied by any Supplier will be directed to the Supplier in question.
Refunds
Subject to any contrary provisions outlined below and subject to the Competition and Consumer Act 2010 (Cth) or any legislation of the State of Georgia, if you make a prepayment to us for the purchase of a Voucher or when making a booking:-
(i) we will give you a refund, less a $20 cancellation fee, if you cancel the scheduled provision of any products and services by a Supplier, before the date upon the products and services were to be delivered or supplied;
One a supplier has marked a service fulfilled there is NO Refunds to be made
Privacy
(a) We will use and share personal information we have collected about you to provide our service and for our business purposes.
(b) We may contact you about your use of our service from time to time as required to provide our service and to improve our service.
(c) Our third party service providers, including Suppliers, may contact you from time to time as required to provide our service and to improve our service.
(d) Our Privacy Policy (posted on the Website or app) governs how we use information we collect about you. If you do not agree to our Privacy Policy, you may not use our service.
(e) You warrant that you have obtained the consent of any third person whose personal information you post to or via the Website or app.
(f) The Website contains links to other sites that are not affiliated or associated with, or controlled by WeAuto and WeAuto has no responsibility for their privacy practices and our Privacy Policy applies only to those parts of the Website within the control of WeAuto.
(g) WeAuto may change its Privacy Policy from time to time at its discretion and without notice. If any such changes are made, WeAuto will make all reasonable efforts to bring those changes to the attention of users of its website services by posting the revised policy on the Website.
Until such time as you unsubscribe, you authorise WeAuto to send marketing and promotional materials regarding the Website or app, to you.
WeAuto’s handling and use of your personal information is governed by our Privacy Policy.
Applicable Laws
These Terms are governed by the laws of the State of Georgia.
WeAuto Policies
These Terms must be read with any policy we post on the Website or mobile app, which policies form part of these Terms.
Severance
If any provision contained in these Terms of Service is or becomes legally ineffective, under the general law or by force of legislation, the ineffective provision shall be severed from the Terms of Service which otherwise continue to be valid and operative.
Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of Georgia and the parties hereby submit to the exclusive jurisdiction of Georgia courts and any courts which have jurisdiction to hear appeals from any of those courts.
Additional WeAuto Terms
Prohibited Actions; Termination
As a condition for your access to the Service, you agree not to make any separate payment or other payment arrangements with the mechanic who performs the Job. WeAuto reserves the right to terminate your account for any failure by you to comply with the foregoing or any other terms of this Agreement.
Must of 18 or older to Use the Service
The Service is not available to anyone under 18 years of age, and you represent that you are at least 18 years old when you submit a Job Request.
Job Request Submitted by an Entity
If you submit a Job Request for a business entity, you represent that you have the authority to bind that entity to this Agreement.
Intellectual Property
Subject to the terms and conditions of this Agreement, WeAutohereby grants to you a limited, non-exclusive, nontransferable right to access and use the Service, subject to the terms of this Agreement.
You acknowledge that all of the intellectual property rights in the Service are owned by WeAutoor its licensors. You shall not (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Service; or (ii) rent, lease, loan, or sell access to the Service. We reserve the right to modify, enhance, or discontinue the Service at any time.
Disclaimers
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN "AS IS” AND "WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. WRENCH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitations of Liability
YOU ACKNOWLEDGE THAT ALL REPAIR AND MAINTENANCE WORK IS PROVIDED BY INDEPENDENT MECHANICS, NOT BY WeAuto. ACCORDINGLY, EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, WeAuto HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTS PROVIDED TO YOU BY SUCH MECHANICS.
UNDER NO CIRCUMSTANCES WILL WeAutos LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND ANY JOB EXCEED THE AMOUNT INVOICED FOR SUCH JOB. IN ADDITION, IN NO EVENT WILL WeAuto BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT WeAuto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. The foregoing limitations shall apply to the maximum extent permitted by law and shall survive indefinitely.
Get Where You're Going Guarantee
Miscellaneous
Governing Law. This Agreement and the relationship between you and WeAuto will be governed by the laws of the State of Georgia, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
Dispute Resolution. Any claim or controversy between you and WeAuto arising out of, or relating to, this Agreement shall be finally decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in Atlanta, Georga. During the course of any arbitration hereunder, each party will bear its own costs and attorneys' fees, and share equally the arbitrator's fees and expenses, except that the arbitrator shall award to the prevailing party all reasonable attorneys' fees resulting directly or indirectly from such arbitration. The award rendered by the arbitrator shall be final, and judgment may be entered upon it at any court having jurisdiction. The arbitrator shall have the authority to award temporary, preliminary and permanent injunctive and equitable relief in the arbitration. Any arbitration hereunder will be confidential.
No Assignment. You may not assign your rights under this Agreement without our prior written consent, and any attempted assignment will be null and void.
Force Majeure. Any delay in the availability of the Service or the performance of any Job will not be considered a breach of this Agreement if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers (including Internet service providers), act of God, or any other event beyond the control of WeAuto or the mechanic, provided that performance is resumed as soon as possible.
Severability. If any provision of this Agreement is held or determined to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Entire Agreement; No Waiver. This Agreement constitutes the entire agreement between you and WeAuto regarding the use of the Service. Our failure to exercise or enforce any right or provision of the Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Use of Pictures.WeAuto, LLC . may use all likeness of the vehicle booked for maintenance/repair and location of repair services in internal training and external marketing campaigns. Individual customer information such as residential address, customer name, facial likeness, license plate number/vehicle identification number will be protected and any external use must be expressly approved by the customer/representing party.
Notices. We may give notice to you by email or other reasonable means. Questions. Please contact us with any questions regarding this Agreement by sending an email to support@weautoservice.com
