Auto Monkey Platform Terms AND Conditions
Ownership of the Site
All pages within this Platform and any material made available for download are the property of Auto Monkey, LLC (“Auto Monkey”). The Platform is protected by United States and international copyright and trademark laws. The content of the Platform, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved by Auto Monkey. You may not frame or utilize any other techniques to enclose, or link to, any name, trademarks, service marks, logo, content or other proprietary information (including; images, text, page layout, code or form) of Auto Monkey without our express written consent.
Automotive Repair Services
All Auto Monkey Automotive Repair Services constitute a technology platform including websites, social media platforms, and mobile applications (the “Platform”) that enables users to access a network of independent third party vehicle service providers (mechanics, technicians, or other independent contractors) (“Mobile Mechanic”), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, or related services (“Automotive Repair Services”). WE DO NOT PROVIDE VEHICLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD PARTY, OR CONTRACTED, PROVIDER. You acknowledge that we do not supervise, direct, or control a Mobile Mechanic's work or Automotive Repair Services performed in any manner. A Mobile Mechanic provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Auto Monkey for any purpose whatsoever, and is responsible to provide their own automotive repair insurance.
Scheduling a Job
To request an appointment for Automotive Repair Service (a “Repair Request”), you may be asked to specify the type of service that you think is required, the location where you would like the Repair Request to be performed, and the date and time that you would like the Repair Request to take place. You agree that it is your responsibility to provide a suitable location for the Repair Request, and to ensure that the Mobile Mechanic has proper access and permission, and is legally authorized to complete the Repair Request at the location.
Once you submit a Repair Request, we may provide you with a price. We reserve the right to modify, add, or delete items and/or price at any time prior to billing you. If you have agreed with the Mobile Mechanic to modify, add, or delete items in the Repair Request, or to reschedule a Repair Request, it must be notated inside the Platform using the Chat feature. When you reschedule a Repair Request, you agree to do so through the Auto Monkey Platform.
Customers are provided the ability to cancel their requests up until the mechanic has changed their status to On The Way without any fees being incurred. This option is easily found in the repair request. If any order needs to be canceled, users must notate in the app's chat feature they wish to cancel the order before canceling to the order to communication their notification.
You agree to treat Mobile Mechanics courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Mobile Mechanic to complete the Repair Request. We do not control the availability of the independent Mobile Mechanics on the Auto Monkey Platform. You acknowledge that your selected Mobile Mechanic may be unavailable from time to time, e.g. due to illness, or vacation.
Plastic, composite and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that Auto Monkey will not be held liable for these types of component failures, and that in the event of such, Auto Monkey will provide you with a revised estimate to include the replacement of the failed component.
If you would like to receive the replaced vehicle parts upon completion of the Repair Request, please tell the Mobile Mechanic on site or email@example.com ,and, if applicable, you will be charged the core price for the replacement part and you will be responsible for proper disposal of such parts in accordance with all applicable laws, regulations and rules. Notwithstanding the foregoing, any defective parts removed from your car in connection with the servicing of a claim under our Limited Warranty must be returned to us.
Automotive Repairs Disclaimer
By approving the charges for the repair request you authorize the automotive repair services as written in the estimate to be done along with any necessary material, and agree that you may not hold Auto Monkey or its authorized platform users liable for any theft, loss of articles, damage caused whether it be directly or indirectly related to the automotive repair work performed, nor may you hold any party liable for any delays due to weather, force majeure, logistics, supply chain or transportation.
As the authorized approver, you grant Auto Monkey and its authorized platform mechanic users permission to operate the vehicle, as presented in the estimate, on streets, highways or elsewhere for the purpose of testing and/or inspection. An express garagemen's lien is hereby acknowledged on the vehicle being repaired to secure the amount of repairs thereto.
You understand that you have the right to know, before authorizing any automotive repair services, what the repairs to the car will be and the associated costs. Auto Monkey will always obtain express approval by writing, text or other electronical form, prior to performing any automotive repair services. If the total amount for such repairs does exceed a previous authorized amount, you will be required to submit a subsequent repair request and authorize those charges before resuming or finishing the outlined automotive repair services.
You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the cellular telephone number you provided to us. You understand that you may receive auto generated communications sent by or on behalf of Auto Monkey, or Mobile Mechanics, including operational communications concerning your Account, use of the Auto Monkey Platform or Automotive Repair Services, updates concerning new and existing features on the Auto Monkey Platform, communications concerning promotions, and news concerning us and our Automotive Repair Services. You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text messages may impact your use of the Automotive Repair Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with a Mobile Mechanic. During this process, we will receive and store data, including the date and time of the call, chat or text message, the phone numbers, and the content of the messages. You agree to our use and disclosure of this data for legitimate business purposes. We may send you confirmation and other transactional emails regarding the Automotive Repair Services. We may also send you emails or text messages about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Automotive Repair Services and/or a Mobile Mechanic's services, subject to any additional terms associated with each promotion ("Promo Codes"). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to Auto Monkey; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Auto Monkey reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Accuracy and Integrity of Information
Although Auto Monkey attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Auto Monkey shall have no responsibility or liability for information or Content posted to the Site from any non-Auto Monkey affiliated third party.
Product Information: Limitation on Quantities
In the event a product or service is listed at an incorrect price due to typographical, import or other error or an error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your account or other payment method charged. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your account in the amount of the incorrect price. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
Access to Site; Indemnification
A user ID and password may be required for access to certain areas of the Platform. You agree to access the Platform using only your user ID and password as provided to you by Auto Monkey. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Platform may be revoked by Auto Monkey at any time with or without cause. You agree to defend, indemnify and hold Auto Monkey harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by Auto Monkey arising out of any use or access of the Site through your user ID or any breach of these Terms of Service.
Pricing for Products and Services are proprietary to Auto Monkey and current pricing is maintained through Auto Monkey corporate. Auto Monkey reserves the right to change prices for its Products and Services at any time, and does not provide price protection or refunds in the event of promotions or price decreases. Users are made aware of any pricing at the time of purchase and must accept any pricing estimates before services will be completed. Auto Monkey reserves the right, in its absolute discretion, to determine your eligibility to participate in purchasing its Products and Services and will notify offenders of any perceived fraudulent activity which may result in, but is not limited to, order and/or service(s) cancellation.
Auto Monkey employs the use of Electronic Signatures for authorization and approval of all its automotive mobile repair services. By checking the “I Agree" to the terms of services, and/or the "I Authorize" check box you are electronically signing an E-Sign Agreement and the Terms related to the services. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, user agrees, and acknowledges that it is such party’s intent, that if such party signs any Agreement (or, if applicable, such closing document) using an electronic signature, it is signing, adopting, and accepting this Agreement or such closing document and that signing this Agreement or such closing document using an electronic signature is the legal equivalent of having placed its handwritten signature on this Agreement or such closing document on paper. The use of electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
Auto Monkey DOES NOT ACCEPT, RECOGNIZE, OR APPROVE CASH TRANSACTIONS. ALL TRANSACTIONS ARE REQUIRED TO BE MADE VIA THE AUTO MONKEY APP, INCLUDING TIPS. All mechanics authorized to serve customers derived from this platform are prohibited from taking cash payments and/or side deals or transactions under penalty of Breach of Contract. Customers/Users that paid or compensated any "Auto Monkey" mobile mechanic outside of the app's designated payment services immediately forfeit their right(s) to claim any warranties, seek any legal action, and/or be compensated by Auto Monkey for past, current, and future automotive mechanic, cosmetic, electrical issues, or other complications that may directly or indirectly related to any automotive repairs that may have been rendered as a result of said mechanic that claimed association with the Auto Monkey platform. By way of consumer protection advice, Auto Monkey strongly discourages cash transactions with any mobile mechanic as a measure of fraud prevention.
You agree to pay all fees charged to your account based on Auto Monkey’s fees, charges, and billing terms shown in your account. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to the purchase of services, and you authorize Auto Monkey, or the third party payment processing service provider that we engage, to charge your credit card for any such taxes and fees. All payments shall be made by credit card in advance prior to shipping any Products or performance of any services. If you can not pay on time or if your credit card cannot be charged for any reason, Auto Monkey reserves the right to withhold performing the agreed services until payment is rendered in full according to these Terms of Service. All sales and payments are final and are paid in US Dollars.
Representations and Warranties
You represent and warrant to Auto Monkey that: (a) you are over the age of eighteen and have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to Auto Monkey is truthful, accurate and complete; and (c) you shall comply with all terms and conditions of this Agreement, including, without limitation, the provisions set forth.
Warranties as they pertain to vehicle services and/or parts is based on a 24-month or 24,000 miles warranty program. Parts and/or Automotive Repair Services warranties are determined based on time or mileage, whichever comes first. Parts and/or Automotive Repair Services determined to be at the fault of the vehicle's driver or owner, due to negligence or purposefully tampering, may void Auto Monkey's warranty plan. Auto Monkey reserves the right to review and inspect if Automotive Repair Services or Parts have been tampered with by the customer prior to fulfilling any warranty promises. Customers eligible for any warrantied work with not be required to pay for any labor or parts as part of the initial services performed by Auto Monkey which fall under the immediate warranty in question. Warranties do not hold cash value, and will not be paid out or reimbursed if work is taken elsewhere. Customers must contact Auto Monkey via email, phone, text, or app prior to any warranty work being initiated by any mechanic, whether the mechanic is an approved on the platform or not. If any related work is performed in conjunction with the warrantied work, then the customer will be held liable for any labor and costs associated with those added Products and Services. Any warranties under this provision are considered null and void if a repair is provided using the customer's privately purchased parts per their request. This voiding of the warranty includes any labor associated directly or indirectly with the removal and replacement of the part per the repair order.
Paying Auto Monkey's contracted Mobile Mechanics on the side or outside the platform for added work, side work, parts or any other level of services, including tipping releases Auto Monkey from any and all liability from services that may have been directly or indirectly related to any automotive repair work currently or previously performed. In addition this transaction nullifies and voids any warranties that may have been previously extended through Auto Monkey.
Risk of Loss
Any merchandise purchased from our Platform is shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Auto Monkey does not warrant that access to or use of this Platform will be uninterrupted, or error-free, or that defects within the Platform will be corrected. You understand and acknowledge that Auto Monkey is not the Original Equipment Manufacturer (OEM) of any Products or Parts sold through the Platform, that Auto Monkey has no control over their warranty programs and stipulations. Accordingly, this Platform and Products, or Parts sold through the Platform are provided “as is”, with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. Auto Monkey specifically disclaims all liability for errors or omissions in, or the misuse of, or misinterpretation of, any information obtained through the site or mobile app. Auto Monkey does not warranty the accuracy, completeness or timeliness of the information obtained through the Platform. The only product warranties are the warranties, if any, provided by the actual manufacturer of the products.
Limitation of Liability & Intellectual property
Auto Monkey and any third parties mentioned on its platform, are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to its site(s), Platform-related services, content or information contained within the Auto Monkey platform, and/or any hyperlinked website or social media platform, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the platform, site, site-related services, and/or hyperlinked websites is to stop using the site, platform, and/or those services.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the platform, services or deliverables ; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the platform, services or deliverables except as expressly permitted by Auto Monkey; (iii) decompile, reverse engineer or disassemble the platform, services or deliverables; (iv) link to, mirror or frame any portion of the platform, services or deliverables ; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the platform, services or deliverables or unduly burdening or hindering the operation and/or functionality of any aspect of the platform, services or deliverables ; or (vi) attempt to gain unauthorized access to or impair any aspect of the platform, services or deliverables or its related systems or networks.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Automotive Repair Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Links to Other Sites
Auto Monkey makes no representations whatsoever about any other website, mobile app, or social media platform that you may access through this Platform or affiliated social media platforms or mobile app. When you access a non-Auto Monkey site, understand that it is independent from Auto Monkey, and that Auto Monkey has no control over the Content or Cookies on that website. In addition, a hyperlink to a non-Auto Monkey website does not mean that Auto Monkey endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Choice of law and submission to jurisdiction
Except as may be provided to the contrary in a written, signed dealership agreement between Auto Monkey and purchaser, the validity and interpretation hereof will be governed by and construed and enforced in accordance with the laws of the State of Texas applicable to contracts negotiated and entered into therein. Auto Monkey and purchaser hereby irrevocably appoint each other their respective agents for submitting to the jurisdiction of any court located in the County of Tarrant, Texas in any action arising out of any alleged breach hereof or in any way connected with the subject matter hereof, or performance of either party hereunder. Auto Monkey and purchaser hereby irrevocably agree that any such action will be brought only in such a court and no other.
Last Updated: Feb 24, 2023