MECHANIC BUDDY INC. TERMS AND CONDITIONS

MECHANIC BUDDY INC. TERMS AND CONDITIONS

  1. This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.

These terms require the use of arbitration to resolve disputes, rather than recourse to the judicial system.

By using this application (app), you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you use this app on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not obtain services from nor provide services through this app if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this app or any of this app's contents, products or services by applicable law.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through the Mechanic Buddy app (the “App”). These Terms are subject to change by Mechanic Buddy Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referred to on the App. You should review these Terms before offering, providing, or purchasing any product or services that are available through this App. Your continued use of this App after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. You should also carefully review our App Privacy Policy before offering or placing an order for products or services through this App (see Section 8).

  1. Use of the Mechanic Buddy App. Mechanic Buddy is a neutral venue for connecting customers with service providers for peace of mind pre-purchase vehicle inspections. Service providers listed on the App are not under the direction or control of Mechanic Buddy, and we make no representations or warranties about the quality of services they provide, nor about your interactions or dealings with them. You agree that your order is an offer to purchase, under these Terms, a pre-purchase vehicle inspection. All orders must be accepted by us or we will not be obligated to facilitate the sale of products or services to We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details.
  2. Prices and Payment Terms.
    • All prices, discounts, and promotions posted on this App are subject to change without notice. The price charged for a product or service will be the price advertised on this App at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include All such taxes and charges will be added to your total price and will be itemized in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

  • Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the App at the time of your order.
  • The purchase of inspection services is a transaction between the customer and the service provider. Mechanic Buddy’s role is to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the customer at the time of booking and pay a percentage to the service provider’s account within a reasonable time period after completion of the service.
  1. Refunds. Payments for services purchased through the App are refundable in our sole discretion, and will generally only be available if a service provider does not inspect the vehicle. If you do not attend the inspection appointment, we reserve the right to charge a no-show fee.
  2. Conduct and Suspension. By using the App, you agree to use it only in a lawful manner for its intended purpose. We reserve the right to suspend or terminate your access to the App at any time, in our sole discretion.
  3. Limitation of Liability.
    • The App will connect you with a service provider of your choosing to perform a pre- purchase vehicle inspection. The service provider you choose is not necessarily a certified mechanic, and the services provided do not replace an inspection or other services provided by a certified mechanic. Your use and / or provision of services, including your reliance on a service provider’s advice, is at your sole and exclusive risk.
    • WE MAKE NO WARRANTY OR CONDITION WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
    • IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR INJURY THAT MAY OCCUR DURING OR AFTER A VEHICLE INSPECTION, TEST DRIVE, OR ANY OTHER INTERACTION BETWEEN CUSTOMER(S) AND SERVICE PROVIDER(S).

  • IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE APP.
  1. Further Terms specific to Service Providers. In addition to all other Terms, service providers also agree to be bound by the following:
    • The service provider is and shall remain at all times an independent contractor and not an employee or dependent contractor of Mechanic Buddy. Nothing in these Terms shall be construed to create any association, partnership, joint venture, agency, fiduciary, or employment relationship between the service provider and Mechanic Buddy, for any purpose, and neither party has the authority to contract for or bind the other party in any manner whatsoever.
    • Mechanic Buddy shall have no liability or responsibility for withholding or remitting any income, payroll, or other federal or provincial taxes, including employment insurance remittances, Canada Pension Plan contributions, or employer health tax or worker's compensation insurance premiums for the service provider. The service provider is responsible for these withholding, remitting and registration obligations, and shall indemnify Mechanic Buddy from and against any order, penalty, interest, taxes, or contributions that may be assessed against Mechanic Buddy due to the failure or delay of the service provider to make any such withholdings, remittances or registration, or to file any information required by any law and any and all costs incurred by Mechanic Buddy and associated with any such failures.
    • The service provider represents and warrants that:
      • the service provider has the required skill, experience, and qualifications to perform the services;
      • the service provider shall perform the services in a professional manner, in compliance with all applicable federal, provincial, territorial, and municipal laws and regulations;
      • the service provider shall devote such time, attention, and energy as is necessary to implement and comply with its obligations under these Terms.
    • The service provider shall defend, indemnify, and hold harmless Mechanic Buddy and its officers, directors, employees, agents, successors and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, arising out of or resulting from:
      • any reliance on the service provider’s advice or representations;
      • bodily injury, death of any person, or damage to real or tangible personal property, resulting from the service provider’s acts or omissions; and
      • the service provider's breach of any representation, warranty, or obligation under these Terms.

  1. Privacy. Our App Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the App.
  2. Governing Law. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule.
  3. Waiver of Recourse to the Courts and Binding Arbitration.
    • YOU AND MECHANIC BUDDY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE, AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE AND / OR PROVISION OF PRODUCTS OR SERVICES THROUGH THIS APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

  • The arbitration will be administered by the ADR Institute of Alberta¸ under its

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If any provision of this arbitration clause is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

  1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
  2. No Waivers. The failure or delay by us to exercise or enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mechanic Buddy.
  3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

    • To We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide and consent to us using; or (ii) posting to the App. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    • To Us. To give us notice under these Terms, you must contact us at: Info@mechanicbuddy.com.
  2. Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
  3. Entire Agreement. Our order confirmation, these Terms, and our App Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these