The Terms and Conditions set forth below comprise the agreement (“Agreement“) between you and CHNGr Auto Inc. (“CHNGr“), a Texas corporation, governing your use of our mobile automotive maintenance and repair service (the “Service“) which is available through https://CHNGr-Auto.com (the “Site“) or through use of our consumer app (the “App“).
CHNGr provides you with easy access to highly qualified automotive service members with whom you can schedule an oil change or other service of your vehicle to be performed at your home, place of work, or other location you select. Any work performed by a service members through the Service is referred to as a “Job”. All service members performing a Job through the Service are contract employees of CHNGr.
Registering with CHNGr
You must register with CHNGr to use the Service. When you schedule your first Job you will be asked to create a CHNGr account. At that time you will be asked to provide your contact information, including your name, email address and phone number, and to select a password. You also will be asked to identify the vehicle that will be serviced when you schedule a specific Job. When you schedule a Job you will be asked to provide a credit card you will use to pay for the Service.
Scheduling a Job
To request an appointment with a service members for a Job, submit a request through the App or on the Site (a “Job Request“). You will be asked to specify the following information: (i) the make, model, and year of your vehicle or its license plate number (which would allow us to obtain the details of your vehicle), (ii) the location where you would like the Job performed, and (iii) the date and time you would like the Job performed. You will then be able to book your job.
If you need to cancel a Job you previously scheduled before the work is performed, you may do so on the App or the Site. We ask that if you need to cancel you do so at least 1 hour before the Job is scheduled to be performed.
CHNGr uses a third party payment processor, to validate credit and debit cards and process payments. CHNGr 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.
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. CHNGr 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.
Subject to the terms and conditions of this Agreement, CHNGr hereby 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 CHNGr or 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.
We provide a Limited Warranty for work performed through the Service. For most maintenance and repair work provided through the Service the length of the Limited Warranty is 6 months or 6,000 miles, whichever occurs first. For oil changes the length of the warranty is 90 days or 3,000 miles whichever occurs first. The terms and conditions of our Limited Warranty are available below. We may change the Limited Warranty from time to time, with any changes effective for Jobs scheduled after such changes are posted to the Site.
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. CHNGr 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 SERVICE MEMBERS, NOT BY CHNGr. ACCORDINGLY, EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, CHNGr HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES OR PARTS PROVIDED TO YOU BY SUCH MECHANICS.
UNDER NO CIRCUMSTANCES WILL CHNGr’S 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 CHNGr 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 CHNGr 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.
Governing Law. This Agreement and the relationship between you and CHNGr will be governed by the laws of the State of Texas, 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 CHNGr 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 Houston, Texas. 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 CHNGr or the service members, 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 CHNGr 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. CHNGr, Inc. 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. You must give notice to CHNGr by first class USPS mail to: CHNGr, Attn: Legal Department, 3000 Greenridge Drive #1701, Houston, TX , 77057.
Questions. Please contact us with any questions regarding this Agreement by sending an email to CHNGr.firstname.lastname@example.org