Terms and Conditions
Last updated 23 June 2023
Thank you for using OpenAuto! These Terms and Conditions (the “Terms and Conditions”) govern your use of the OpenAuto services, including any websites, mobile applications, devices, or APIs that are operated by OpenAuto or its subsidiaries and affiliates (collectively, the “Services”), and are entered into by you and OpenAuto Inc., a Delaware corporation, and its subsidiaries and affiliates (referred to as “OpenAuto”, “we”, “us”, “our”). This Agreement applies to all visitors, users, and other parties who access the Services (each, hereafter, as “you”, “your”, “customer”, “user”).
We may need to modify the Terms from time to time for various reasons (including to comply with applicable laws and regulations, and regulatory requirements). Any minor or non-material changes may be made at any time, and you are advised to review the Terms regularly. The most current Terms will be available on the Website. All significant changes will be notified to you before such changes take effect. If any change is unacceptable to you, you should stop using our Services and/or close your account. However, if you continue to use our Services after the date on which the changes to the Terms come into effect, you will be considered to have accepted those changes.
ONLINE VEHICLE SERVICING
All our online service packages primarily cover service and labor charges before applicable taxes. Unless explicitly stated, these packages do not include the cost of parts. The cost of parts, if not included in the package, will be an additional charge. The total service cost, including parts, will be agreed upon with the customer before the service is completed. Full payment for the service, including parts, and applicable taxes is required after the service is completed but prior to the delivery of the vehicle.
COLLECTION AND DELIVERY
Our complimentary collection and delivery service is a service where either OpenAuto or one of our approved service agents will collect and deliver your vehicle to you for free when you purchase any service through us. The driver will arrive at the agreed location you provide at the time of placing the booking and will carry out an onsite inspection / damage report which once checked you must sign to confirm. This report will then be sent to you via email or SMS given the information you provided upon your registration on OpenAuto.ca.
Please ensure you remove all your valuables and belongings before handing over your vehicle to our driver as we will not assume liability for any missing items. Your vehicle will go through multiple departments involving a third-party workshop. Although our workshops can be trusted, we cannot accept any liability for missing items.
Pick up and delivery charges applicable (charges based on pick up/drop location) in case the services/repair jobs are cancelled anytime by the customer, once the vehicle is collected from the customer location.
Payment must be made online to secure your booking using our secure payment gateway. Please remember our service packages do not include parts and these incur an additional cost. Once the free vehicle health check has been carried out, we will then send you the price for the parts and the price for any additional work your car requires. The service parts must be paid for but the additional work is your choice. You are free to repair your vehicle elsewhere. Visa or MasterCard debit and credit cards in USD or CAD will be accepted for payment.
Once the payment is made, the confirmation notice will be sent to the client via email or SMS within 24 hours of receipt of payment.
Parts warranty is only for manufacturing defects; wear and tear of components are not covered under the warranty policy.
Warranty coverage will be provided once the services are completed and only after the payments are made.
Start and end date of the warranty will be mentioned in your invoice.
Any electrical component failure is not covered under the warranty.
Warranty will get void in case any alterations (part uninstalled/reinstalled/damaged etc.) are observed in the jobs/repairs performed by OpenAuto.
For all warranty claims, the affected parts would be uninstalled, reviewed, and the observations will be shared by our technical team, vehicle delivery timeline will be subjective to the parts availability & repairs on the vehicle.
OpenAuto is only liable for collection and delivery of the vehicle under warranty claims, any Courtesy Car or Rental Cars will not be accommodated.
Initially diagnosing & recovery charges will be applicable for all returning/complaint vehicles regardless of the warranty policy. However, if concerns are related to the previous jobs/repairs these charges will be waived off.
LAW AND JURISDICTION
Every service contract with us will be governed by the US federal law and the laws of the State of Delaware and any dispute or claim arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the United States and the State of Delaware unless the physical inspection of the car takes place in a different country, in which case it will be governed by that respective country's law and any dispute or claim arising out of or in connection with it shall be subject to the exclusive jurisdiction of the courts of the country we operate in.
SPEEDING FINES AND ACCIDENTS
From the time we collect your car to the time we deliver your car, OpenAuto and their Service Agents are responsible for any parking, speeding and any traffic fines. We are also responsible for any road traffic accidents that take place while your vehicle is in the possession of OpenAuto or one of its agents. Any traffic fines will be reimbursed after investigation. Please email email@example.com and one of our advisors will contact you. In the event of an accident, OpenAuto or one of the agents will claim with the insurance company and the process will be handled through the insurance company.
All vehicles parked at our premises over 7 days after repairs or services are completed, will result in parking charges payable to OpenAuto. The parking charges stand at $25 per day. OpenAuto will not take responsibility or accept liability for any new concerns to the vehicle. In order to deliver the vehicle after 7 days the customer must pay the pre-approved pending invoice and a daily parking charge calculated for the total number of days.
DISPUTES & ARBITRATION
This section, (the "Arbitration Agreement"), applies to and governs any dispute, controversy, or claim between you and OpenAuto, including but not limited to those that arise out of or relate to:
These Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, scope, or enforceability thereof.
Access to or use of the Services, including receipt of any advertising or marketing communications or any information contained on the Services.
Any transactions through, by, or using the Services, including any goods or services purchased or sold through, by, or using the Services or your consumption or use of those goods or services.
Any other aspect of your relationship or transactions with OpenAuto as a consumer.
You and OpenAuto agree that the third-party service providers, parts suppliers, or other entities that OpenAuto partners with to provide its services (collectively referred to as "Service Providers") from which services may be ordered and goods may be purchased through the Services are intended third-party beneficiaries of this Arbitration Agreement.
Informal Dispute Resolution: You and OpenAuto agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Therefore, before initiating formal proceedings, you and OpenAuto agree to first attempt to work out any such dispute amicably. The initiating party must give notice to the other party in writing of its dispute, including a written description of the dispute. For any dispute you initiate, you agree to provide written notice to:
ATTN: Legal Department
166 Geary St. 15th Floor Suite
#78 San Francisco, California 94108
Your written description must be on an individual basis and personally signed, and also provide at least the following information:
The email address and phone number associated with your account,
A detailed description of the nature and basis of the dispute, including any transaction details,
And the specific relief sought and how it was calculated.
For any dispute that OpenAuto raises, we will send our written description of the dispute (including the information listed above), signed by an authorized OpenAuto representative, to the most recent delivery address associated with your account.
The initiating party must allow the other party 60 days to respond and attempt to resolve the dispute amicably before initiating an arbitration or other proceeding per the terms set forth below.
You and OpenAuto agree that this informal dispute resolution process is a requirement that must be fulfilled prior to initiating an arbitration proceeding. The applicable statute of limitations period and any filing fee deadlines shall be tolled from the time the initiating party sends their written notice through the 60-day period set forth above.
Write to us at: 166 Geary St. 15th Floor Suite#78 San Francisco, California 94108United States
For cancellations please email firstname.lastname@example.org with the subject field as cancellations along with your name and license plate.
Example : CANCELLATIONS – JOHN DOE – LP 41D690
CONDITIONS FOR REFUNDS
In the event that a customer deems the service provided by OpenAuto to be unsatisfactory, it is incumbent upon the customer to first contact OpenAuto to express their concerns. OpenAuto places a high value on customer satisfaction and will endeavor to rectify any perceived deficiencies in the service provided. It is essential that OpenAuto be given the first opportunity to address and rectify any issues related to the service or repair performed. Please be advised that OpenAuto reserves the right to deny refund requests in situations where the customer has sought rectification of the issue from a third-party service provider without first allowing OpenAuto the opportunity to address the concern. This clause is intended to ensure that OpenAuto is given a fair and reasonable opportunity to uphold its commitment to customer satisfaction and service quality.
For refunds please email email@example.com with the subject field as refunds along with your name and license plate.
Example : REFUNDS – JOHN DOE – LP 41D690
Refunds will be made onto the original mode of payment and will be processed within 10 to 45 days depends on the issuing bank of the credit card once the refund is approved to be issued.
Refunds will not be allowed on any promotional offers.