Terms And Conditions
Last updated: February 17, 2021
1. PREAMBLE
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with autoserve1.com application (the “Service”) operated by AutoServe1 Inc. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
2. PAYMENTS
By signing below, I agree that AutoServe1 will charge my credit card immediately for the non-refundable set-up fee. I am also committing to a 12-month subscription with an automatic monthly or annual credit card payment. The set-up fee and a pro-rated 1st month subscription fee (the remaining days in the month less 4 days) will be charged within 48 hours of contract signing. The monthly subscription fee will then be charged on the 1st of each month and will auto-renew unless either party provides at least 30 days’ advance written notice of its intent to terminate. All fees are additionally subject to applicable taxes.
3. SUBSCRIPTIONS
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AutoServe1 Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AutoServe1 Inc. successteam@AutoServe1.com and providing at least 30 days advance notice.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AutoServe1 Inc. with accurate and complete billing information including full name, address, province/state, postal/zip code, country, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AutoServe1 Inc. to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, AutoServe1 Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
4. FEE CHANGES
AutoServe1 Inc. , in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions by providing at least 30 days’ advance notice. Any Subscription fee change will become effective at the end of the Billing Cycle during which such 30-day notice period ends.
AutoServe1 Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
5. REFUNDS
Certain refund requests for Subscriptions may be considered by AutoServe1 Inc. on a case-by-case basis and granted in sole discretion of AutoServe1 Inc. To the extent fees are paid annually in advance and you terminate these terms due to a breach by AutoServe1 Inc. that remains uncured for more than 30 days following written notice thereof, you shall be entitled to a pro rata refund of amounts prepaid for the remainder of the then-current annual subscription.
6. ACCOUNTS
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
7. INTELLECTUAL PROPERTY
All materials made available by you, as well as your trademarks, service marks, and logos, shall remain your property, provided AutoServe1 may use such materials in connection with the performance of its obligations to you with your consent not to be unreasonably withheld. The Service and all contents, including but not limited to text, images, graphics or code are the property of AutoServe1 Inc. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of AutoServe1 Inc. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
8. INTEGRATION DATA
In order to provide services to you, AutoServe1 may install software to integrate with Your Shop Management System (SMS) or Dealer Management System (DMS) database (e.g. Napa Tracs). AutoServe1 represents and warrants that it is authorized to integrate with any such third parties with which it enables integrations. AutoServe1 is aware of the sensitivity of the data contained within Your database. This data is valuable to You and AutoServe1 will provide a secure and private method of transmitting certain data from Your D/SMS to the AutoServe1 platform. In order to preserve and protect the confidentiality and privacy of any and all of data utilized, AutoServe1 agrees as follows:
- AutoServe1 requires certain information from Your database to provide its service to You, such as email addresses, cell phone numbers, customer vehicle Information, and repair information. AutoServe1 never requests nor records any customer payment information from your database.
- AutoServe1 acknowledges that all Your information and data is and shall remain Your property. AutoServe1 obtains no interest, right, title or ownership in Your data. This data may be used in an aggregated and anonymous basis to run metrics and analytics for AutoServe1 reporting.
- AutoServe1 will not sell, transfer, deliver to or make the Your data available for use by any other party without first obtaining Your express written consent.
- AutoServe1 will immediately cease all use of Your data upon Your written request.
- Additionally, any and all information which is obtained by way of data integration by any third party data aggregator acting on behalf of AutoServe1 shall not be disclosed, disseminated, or in any way distributed to anyone or any entity other than You, unless required by law.
- AutoServe1 will implement and maintain reasonable and appropriate administrative, technical, and physical safeguards to (i) ensure the security and confidentiality of Your data; (ii) protect against anticipated threats or hazards to the security or integrity of Your data; and (iii) protect Your data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing and the nature of Your data.
- AutoServe1 will notify You promptly after AutoServe1 becomes aware of any actual or suspected misappropriation, or unauthorized access to, or disclosure or use of, Your data or other compromise of the security, confidentiality or integrity of Your data (collectively, “Security Breaches”). AutoServe1 will promptly investigate each actual or suspected Security Breach and assist you in connection with any reasonable investigation that you may desire to conduct with respect to such Security Breach. AutoServe1 will take all reasonable steps requested by you to limit or stop any actual or suspected Security Breach
Upon request, AutoServe1 will at least annually complete and provide a risk assessment survey on its technical, administrative and physical controls and security systems. AutoServe1 shall comply with the requirements applicable to it as set forth in the local state or federal jurisdictions.
9. USER CONTENT (UPLOADED DATA)
When using AutoServe1’s services, you may upload Content to our servers, including (but not limited to) information about your customers, their vehicles, as well as photos and videos of your customers’ vehicles that your employees may take.
Ownership: You retain ownership of all Content that you upload. AutoServe1 does not claim any ownership rights to Your content.
You represent and warrant that (i) you own all rights in and to your User Content, or, if the User Content is subject to third party proprietary rights, including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws, you have all necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the rights granted herein, including permission from all person(s) appearing in your User Content; (ii) you are not a minor, (iii) you are legally entitled to post the User Content, , and (iv) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive and AutoServe1’s use of your User Content as described herein will not violate any other law. You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to AutoServe1’s’ use of your User Content except to the extent arising out of the negligence of AutoServe1.
AutoServe1 reserves the right to remove any User Content from the Site for any reason. If you believe User Content residing on the Site or the Services infringes a copyright, please contact us at info@autoserve1.com
License to your Content: Even though we don’t claim ownership of your content we do need certain licenses to your content in order to operate the Services. When you upload or submit content via our Services, you grant AutoServe1 a worldwide license to communicate, distribute, host, modify, publicly display, publish, reproduce, store, and use such content for the sole purpose of operating and improving our Services.
10. PRIVACY
AutoServe1’s Privacy Policy, which may change from time to time, is published on our website at: https://autoserve1.com/privacy
That policy lays out our obligations to maintain the privacy of data that we receive and store. By accepting this agreement, you accept the terms of our Privacy Policy.
11. LINKS TO OTHER WEBSITES
The Service may contain links to third-party web sites or services that are not owned or controlled by AutoServe1 Inc. .
AutoServe1 Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AutoServe1 Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. You can read our Privacy Policy here.
12. TERMINATION
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms, provided that we shall provide you at least 30 days’ advance written notice before doing so unless immediate suspension is deemed appropriate by AutoServe1 to protect itself, other customers or third parties from potential harm.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease.
13. INDEMNIFICATION
Each Party agrees to indemnify, defend and hold harmless the other Party, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands arising from the Indemnifying Party’s negligence or intentional misconduct, breach of warranty or breach of the terms of this Agreement.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) a Party’s breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
14. LIMITATION OF LIABILITY
Except for Indemnification and breach of the Privacy provisions of Section 11, AutoServe1 Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall be liable for indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
15. DISCLAIMER AND NON-WAIVER OF RIGHTS
AutoServe1 Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course or performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
AutoServe1 Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and AutoServe1 Inc. chooses not to immediately act, or chooses not to act at all, AutoServe1 Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. AutoServe1 Inc. does not waive any of its rights. AutoServe1 Inc. shall not be responsible for any purported breach of these Terms causes by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
16. EXCLUSIONS
As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.
17. GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.
If any provisions of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
18. CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time, provided that you may terminate this Agreement upon 30 days’ advance written notice if you object to such changes. If a revision is material, AutoServe1 will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
19. CONTACT US
If you have any questions about these Terms, please contact us by email: info@AutoServe1.com.