RepairMatch Terms and Conditions of Use
Last revised: January 11, 2017
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES PROVIDED HEREUNDER.
Welcome to RepairMatch.ca, the website and online service of Audatex Canada ULC ("RepairMatch," "Company," "we," or "us"). These Terms and Conditions of Use (this "Agreement") govern your use of RepairMatch's service, website and related software (collectively, the "Service"). By using or accessing the Service, you acknowledge, certify and agree that you have read, understood, and agree to be bound by this Agreement, whether or not you are a registered user of the Service.
The Company reserves the right to amend this Agreement at any time and without notice. If we do this, we will post the amended Agreement on this page and indicate the date the Agreement was last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. If you do not agree to any of the terms in the then-posted Agreement, you must immediately cease your use of any part of the Service.
Use of Our Service
RepairMatch provides a platform for you to (i) learn about certain automotive repair service and product offerings ("Repair Services") available in your area, (ii) submit requests for specified Repair Services at a price specified by you ("Price"), and (iii) based on your submitted request, be matched with an automotive repair and repair shop in our selective member network ("Preferred Shop") that is willing to provide the Repair Services at a time and date specified by the Preferred Shop and accepted by you (the "Agreed Repair Service"). In order to accept the Preferred Shop's appointment for the requested Repair Services, you must pay RepairMatch a corresponding fee as specified on our website (the "Fees"). You also agree that you will be obligated to pay the Price to the Preferred Shop upon delivery of the Agreed Repair Services.
RepairMatch grants you permission to use the Service as set forth in this Agreement, provided that: (i) you will not copy, distribute, mirror, frame, reverse engineer, rent, lease, or otherwise disclose any part of the Service in any medium; (ii) you will not alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of this Agreement as well as applicable laws.
You do not have to register in order to visit RepairMatch. However, to access certain features of the Service, including submission of desired Repair Service requests to Preferred Shops, you will need to register with RepairMatch and create a "User" account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You are responsible for your User account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may never use another User's account without such User's permission. You must notify RepairMatch immediately of any breach of security or unauthorized use of your account. Although RepairMatch will not be liable for your losses or damages caused by any unauthorized use of your account, you shall be liable for the losses or damages of RepairMatch or others due to such unauthorized use.
You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," and similar automated systems, that accesses the Service in a manner that sends more request messages to the RepairMatch servers than a human can reasonably produce in the same period of time by using a conventional online web browser. You agree not to collect, scrape or harvest any personal information or other data, including, without limitation, User account names, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or illegal purpose.
RepairMatch may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability, if, in RepairMatch's sole determination, you violate any terms of the Agreement, including the following prohibited actions: (i) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (ii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (iii) uploading invalid data, viruses, worms, or other software agents through the Service; (iv) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (v) interfering with the proper working of the Service; or, (vi) bypassing the measures we may use to prevent or restrict access to the Service. Upon termination for any reason, you continue to be bound by this Agreement.
Some areas of the Service may allow Users to post feedback, comments, questions, and other information ("User Content"). Your User Content may include, without limitation, facts, ratings, reviews, or other discrete pieces of information relating to your experiences with or opinions relating to any services or products provided to you by us or a Preferred Shop, including personal information ("Services Data"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You are responsible for obtaining all necessary consents to post the User Content on the Service.
User Content will be considered non-confidential and RepairMatch is under no obligation to treat such User Content as confidential or proprietary information. Without limiting the foregoing, RepairMatch reserves the right to use the User Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. RepairMatch is under no obligation to offer you or make any payment for User Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify User Content once it has been submitted to RepairMatch. RepairMatch shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties. You hereby waive all moral rights associated with any User Content.
You agree not to send or post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem in our sole discretion to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. RepairMatch reserves the right, but is not obligated, to reject and/or remove any User Content that RepairMatch believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, the Canadian Intellectual Property Office or any other rights organization or public authority.
For the purposes of this Agreement, "Intellectual Property Rights" means all inventions and patent rights, industrial designs, copyright rights, mask work rights, moral rights, rights of publicity, trademark, tradename, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction.
RepairMatch takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. RepairMatch is neither responsible nor liable for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that RepairMatch shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other Users and Preferred Shops. We reserve the right, but have no obligation, to monitor or resolve disputes between you and other Users or Preferred Shops.
Use of RepairMatch Matching Service
All information regarding Repair Services available from the Preferred Shops or other third parties provided by or through the Service and on our website is supplied by the Preferred Shops or other third parties. RepairMatch is not responsible or liable for the accuracy or completeness of such information whatsoever. Furthermore, RepairMatch is not responsible or liable for the quality, completeness, or any other aspect of the information regarding Repair Services provided by the Preferred Shops or other third parties. RepairMatch provides the Service and all information and materials without any representations, warranties or conditions of any kind, either expressed or implied, including, without limitation, warranties or conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights. RepairMatch is not a party to any transaction between you and the Preferred Shops and/or other third parties that originate from information found directly or indirectly through the Service or on our website. Prices shown on our website or payable to a Preferred Shop or other service provider do not include any applicable governmental fees or charges; local, provincial and federal taxes of any jurisdiction; or applicable credit card charges (collectively, "Additional Fees"). You shall remain solely responsible for such Additional Fees and such Additional Fees shall be added to the Price.
Without limiting the foregoing, you expressly acknowledge and agree that (i) unless otherwise expressly set forth in the "Refunds" section of this Agreement, any Fee paid by you to RepairMatch shall be non-refundable; (ii) any transaction you elect to enter into with a Preferred Shop shall be entirely and solely at your own risk; (iii) RepairMatch makes absolutely no representations, warranties or conditions, express or implied, including, without limitation, warranties of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, with respect to the Preferred Shops, including, without limitation, the quality of the Repair Services provided or sold to you by such Preferred Shops, all of which are hereby expressly disclaimed; and (iv) RepairMatch and its affiliates shall not be responsible or liable for any disputes, actions, claims or litigation between you and any third party, including any Preferred Shop, that you may interact or enter into a transaction with directly or indirectly through the Services, this website, or otherwise.
You expressly acknowledge and agree that the sole warranties and conditions with respect to the Repair Services provided or sold to you by the Preferred Shops are those that are expressly provided to you in writing by such Preferred Shops, and you shall otherwise have no recourse against RepairMatch or any other party with respect to such Repair Services.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal, non-transferrable, non-sublicensable, revocable license to access and use the Service only as expressly permitted in this Agreement. Except for this limited license, we do not grant you any other rights or license with respect to our website, the Service and the RepairMatch Content (as defined below). RepairMatch reserves all rights and licenses not expressly granted herein in the Service and the RepairMatch Content (as defined below). RepairMatch may terminate this license at any time for any reason or no reason, with or without notice.
Our Proprietary Rights
Except as otherwise indicated, the Service and all materials and information therein or transferred thereby, including, without limitation, all software, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "RepairMatch Content"), and all Intellectual Property Rights related thereto, are the exclusive property of RepairMatch and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create any grant, license or right in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the RepairMatch Content or materials or information on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including, without limitation, about how to improve the Service ("Comments"). By submitting any Comment, you grant RepairMatch a non-exclusive, perpetual, irrevocable, transferable, sub-licensable, worldwide, fully-paid, royalty free license to copy, distribute, display, perform, create derivative works from, and otherwise fully use and exploit your Comments without restriction. Your submission of any Comments will not place RepairMatch under any fiduciary or other obligation, and you agree and acknowledge that we are free to disclose the Comments on a non-confidential basis to anyone or otherwise use the Comments without any compensation to you. You acknowledge that, by acceptance of your submission, RepairMatch does not waive any rights to use similar or related ideas previously known to RepairMatch, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use, or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. RepairMatch may terminate your account, delete any content or information that you have posted on the Service (including Services Data and Comments), and/or prohibit you from using or accessing the Service (or any portion, aspect or feature of the Service) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Service only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
You use the Internet solely at your own risk and subject to all applicable local, provincial, state, national, and international laws and regulations. Although RepairMatch has endeavored to create a secure and reliable website, the confidentiality of any communication or material transmitted to/from our website over the Internet cannot be guaranteed. RepairMatch is not responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on our website, or for the consequences of any reliance on such information. RepairMatch shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using our website and Services.
Additional Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person's name, personal information or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and RepairMatch's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
If (i) you cancel a scheduled appointment for Agreed Repair Services ("Scheduled Appointment") at least 24 hours in advance of the Scheduled Appointment, (ii) you cancel a Scheduled Appointment with less than 24 hours advance notice because (x) the Preferred Shop declines to (A) perform the Agreed Repair Services or (B) honour the Price (excluding any applicable Additional Fees) it accepted for the Agreed Repair Services or (y) prior to the commencement of the Agreed Repair Services, the Preferred Shop recommends or offers additional services to be performed that you decline, and in any such case you notify us in writing of such cancellation within three (3) days after the Scheduled Appointment at Customer Support Questions or Comments or by e-mailing us at help@RepairMatch.ca, RepairMatch will provide a refund of the Fee you paid RepairMatch but in no event shall it be obligated to refund any amounts you paid or owe a Preferred Shop or any other third-party providers of products or services. For avoidance of doubt, if you do not show up to the Scheduled Appointment or are late to it and the Preferred Shop declines to provide the Agreed Repair Services on that basis, you shall not be entitled to a refund of the Fee.
Third-Party Websites, Advertisers or Services
You agree to defend, indemnify and hold harmless RepairMatch and its subsidiaries and affiliates and their respective managers, members, owners, shareholders, directors, officers, employees, representatives, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, legal fees) arising from: (i) your use of and access to the Service, including any User Content, data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including, without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights, or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Canada or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; (vi) any other party's access and use of the Service with your unique username, password, or other appropriate security code; and (v) any disputes, actions, claims or litigation between you and any Preferred Shop, including those due to your failure to pay a Preferred Shop for any Repair Services provided or sold to you or due to the Preferred Shop's failure to deliver the requested Repair Services to your satisfaction.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, REPAIRMATCH, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
REPAIRMATCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE WHATSOEVER ADVERTISED, OFFERED OR RENDERED BY A THIRD PARTY, INCLUDING PREFERRED SHOPS, THROUGH THE REPAIRMATCH SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND REPAIRMATCH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING PREFERRED SHOPS.
Without limiting the foregoing, you expressly acknowledge and agree that (i) unless otherwise EXPRESSLY set forth in the "Refunds" section of this Agreement, any FEE paid by you to RepairMatch shall be non-refundable; (ii) any transaction you elect to enter into with a Preferred Shop shall be entirely and solely at your own risk; (iii) RepairMatch makes absolutely no representations, warranties OR CONDITIONS, express or implied, including, without limitation, warranties OR CONDITIONS of merchantabLE QUALITY, fitness for a particular purpose and non-infringement of third party rights, with respect to the Preferred Shops or the quality of the REPAIR services provided or sold to you by such Preferred Shops, all of which are hereby expressly disclaimed; and (iv) RepairMatch and its affiliates shall not be responsible or liable for any disputes, actions, claims, or litigation between you and any third party, including any Preferred Shop, that you may interact or enter into a transaction with directly or indirectly through the Services, this website, or otherwise.
You expressly acknowledge and agree that the sole warranties with respect to the REPAIR services provided or sold to you by the Preferred Shops are those that are expressly provided to you IN WRITING by such Preferred Shops, and you SHALL OTHERWISE have no recourse against any REPAIRMATCH OR ANY party with respect to such REPAIR serviceS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REPAIRMATCH, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE MANAGERS, MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF $50 CDN OR THE TOTAL FEES PAID BY YOU IN CONNECTION WITH THE SERVICE IN THE THREE MONTHS PRIOR TO ANY CLAIM, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL REPAIRMATCH BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPAIRMATCH, ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE MANAGERS, MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND LICENSORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL REPAIRMATCH, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE MANAGERS, MEMBERS, OWNERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO REPAIRMATCH HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REPAIRMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from our facilities in Canada and the United States. RepairMatch makes no representations or warranties that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in Canada.
This Agreement, and any rights, obligations and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of RepairMatch, which may be withheld in its sole discretion. Any attempted transfer or assignment of this Agreement, or any rights, obligations, or licenses granted hereunder, by you shall be null and void. RepairMatch may transfer assign this Agreement, in whole or in part, to any third party in its sole discretion.
No Agency Relationship
RepairMatch does not agree to act as your agent or fiduciary in providing any products or services through the Service or our website.
A. Governing Law. You agree that: (i) the Service shall be deemed solely based in Toronto, Ontario, Canada; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over RepairMatch, either specific or general, in jurisdictions other than Toronto, Ontario, Canada. This Agreement shall be governed by and construed in accordance with the internal substantive LAWS IN effect in Ontario, Canada without respect to its conflict of laws principles. Any action, suit, claim or dispute between you and RepairMatch that arises out of or relates to, in whole or in part, the agreement or the Service shall be decided exclusively by a court of competent jurisdiction located in Toronto, Ontario, Canada. you and RepairMatch hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit, or proceeding arising out of this Agreement or the service, in the courts located in Toronto, Ontario, Canada, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. you and repairmatch each HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHTs TO TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT TO THE OTHER PARTY'S ENTERING INTO THIS AGREEMENT.
B. Mandatory Arbitration. Except as specifically stated herein, any dispute or claim between you and RepairMatch arising out of, or relating in any way to, this Agreement, the Services or their content, or your access or use thereof ("Disputes") shall be resolved exclusively by final, binding arbitration, provided, however, that we shall not be restricted from directly seeking equitable relief (including injunctive relief or specific performance) from a court of competent jurisdiction in connection with any Disputes. By virtue of this Arbitration Agreement (defined below), you and RepairMatch are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise expressly set forth in this "General" section). The provisions of this "General Ð Mandatory Arbitration" section shall constitute your and RepairMatch's written agreement to arbitrate Disputes in accordance with the provisions of the Arbitration Act (Ontario) ("Arbitration Agreement"). Any modification to this Arbitration Agreement, to be effective, must be in writing and signed by you and RepairMatch. The arbitration will be administered by the Canadian Arbitration Association ("CAA") and conducted before a single arbitrator pursuant to its rules. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned decision or award.
To begin an arbitration proceeding, you must comply with the limitations provision set forth in subsection and provide us written notice of your election to seek arbitration within such time limitations. Payment of all filing, administration and arbitrator fees will be governed by the CAA's rules. The arbitration will be conducted based upon written submissions unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines an in-person hearing is necessary, the hearing will proceed in Toronto, Ontario, Canada, unless the arbitrator determines or we agree that the matter should proceed in the county in which you reside (which county must be in Canada). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
C. Notification Procedures. RepairMatch may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via e-mail and/or notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by RepairMatch in our sole discretion. RepairMatch reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
D. Entire Agreement/Severability/Reservation of Rights. This Agreement, together with any other legal notices and agreements published by RepairMatch via the Service, shall constitute the entire agreement between you and RepairMatch concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any rights not expressly granted under this Agreement are reserved to RepairMatch.
E. Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and RepairMatch's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
F. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
G. English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Customer Support Questions or Comments
If you have any questions or concerns about the Service, our website, or the Preferred Shops, you may contact us by clicking on the "HELP" link in the footer of the RepairMatch.ca website and providing any required information.
Please contact us any questions regarding this Agreement.