This Agreement was last revised on May 04th, 2023.

OUR INTRODUCTION

Welcome to FIXAUTO SMART, the owner of the website www.fixautosmart.com (“Website”). We are pleased to offer you access to our services through our Website, which is subject to the following Terms of this agreement. Please note that we may update these terms from time to time with or without notice to you. By accessing and using our Website, you acknowledge that you have read, understood, and agree to be legally bound by these terms and conditions, as well as our Privacy Policy. This Agreement, which incorporates both the Terms of Service and Privacy Policy, collectively governs your use of our Website. If you do not agree with any of these terms, please do not use our Website.

DEFINITIONS

To avoid any confusion, we have provided the following definitions of key terms and concepts that are relevant to your use of our website, www.fixautosmart.com (“Website”) and the services that we offer:

  • “Agreement” refers to the Terms and Conditions and Privacy Policy documents provided to you by our Website.
  • “Service” or “Services” refer to the services we offer that you may request through our Website.
  • “User“, “You“, “your“, and “Customers” refer to the individuals who access our website and pay for the services offered on our Website.
  • “We“, “us“, and “our” are references to Ed’s Appliance Repair Service.
  • “Website” includes www.fixautosmart.com and any successor website of the Company or its affiliates.
  • “Content” means text, graphics, images, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through our Services.
  • “User Account” refers to an electronic account opened by the user with our platform to avail of the services offered through our Website.

By using our Website and availing of our services, you agree to be bound by this Agreement and the definitions provided herein. If you do not agree with any of the terms or definitions, please do not use our Website.

INTERPRETATION

  • All references to the singular include the plural and vice versa, and the word “includes” should be construed as “without limitation.”
  • Words importing any gender shall include all other genders.
  • Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

COMMITMENT AND SCOPE

  • Scope. These Terms govern the use of the Website and the Services provided by the website owner. However, these Terms do not apply to any Third-Party Products or Services, which are governed by their own terms of service.

 

  • Eligibility: The services provided by the website are only available to individuals who are at least 18 years old. If you are below 18 years of age, you must seek acceptance from your parents or legal guardians to use our website and services.

 

  • Electronic Communication: By using this Website or sending e-mails and other electronic communications from your desktop or mobile device, you are communicating with us electronically. You agree to receive electronic communication from us in response to your communication, and you can keep copies of these communications for your records.

OUR SERVICES

At FixAuto Smart, we specialize in repairing electronic and mechanical parts for a variety of vehicles. Our team of experienced technicians uses state-of-the-art equipment and high-quality parts to ensure that your part is not only repaired but also restored to its optimal performance.

We understand how frustrating it can be to have a malfunctioning part, which is why we go beyond just repairing the part. We take the time to diagnose the root cause of the problem and ensure that the issue does not return. This way, you can rest assured that your vehicle is running smoothly and efficiently.

Our commitment to quality and customer satisfaction is what sets us apart. We pride ourselves on providing fast, reliable, and cost-effective repairs, with a focus on getting you back on the road as soon as possible.

  • MODIFICATIONS TO THE SERVICE 

We retain the right, at our discretion, to modify, add, or remove portions of these Terms of Use (“Terms”) at any time. Any changes made will be communicated to you either through email or by posting a revised version of the Terms on our Website. Your continued use of the Website after any such changes will signify your acceptance and agreement to be bound by the modified Terms.

USER ACCOUNT AND RESPONSIBILITIES

To access certain resources on our website, you may be required to provide specific information and create a user ID and password to establish an account. By doing so, you agree that the information provided by you is accurate and up-to-date. It is your responsibility to ensure the security of your account, user names, passwords, and registration information. You are solely responsible for any authorized or unauthorized use of your accounts. In case of any unauthorized activity or security breaches, you must notify us immediately. We reserve the right, at our discretion, to suspend or terminate any of your user names and passwords at any time with or without prior notice. If you access our website anonymously, you will not be required to create a user name.

RESPONSIBLE CONTENT POSTING GUIDELINES

  1. Content Responsibility. 

We provide you with the option to post comments, feedback, and other content on our website. However, it is important to note that you are solely responsible for any content you post and must ensure that you have the necessary permissions to use it.

  • Content Guidelines: To maintain a positive online community, we request that you do not post content that contains any of the following:
  • Offensive Language: The content should not contain any ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste. We do not tolerate inflammatory attacks of a personal, racial or religious nature.
  • Misleading or False Information: The content should not be defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration, or unsubstantiated claims.
  • Privacy Violations: The content should not violate the privacy rights of any third party, be unreasonably harmful or offensive to any individual or community.
  • Discrimination: The content should not discriminate on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability or refer to such matters in any manner prohibited by law.
  • Legal Violations: The content should not violate any municipal, state, federal, or international law, rule, regulation, or ordinance. It should not encourage inappropriate behavior or violate any terms of use or upload viruses or other harmful, disruptive, or destructive files.
  • Misuse of Platform: The content should not use or attempt to use another’s account, password, service, or system except as expressly permitted by the Terms of use. It should not send repeated messages related to another user and/or make derogatory or offensive comments about another individual or repeat prior posting of the same message under multiple emails or subjects.

Refusal and Cancellation: We reserve the right to refuse any content that violates these guidelines. In the event of repeated violations, we may cancel user access to the website.

  • PAYMENT TERMS 
  • All payments made through the website will be governed by our terms and conditions.
  • The accepted modes of payment include credit cards and PayPal for online transactions.
  • You must notify us immediately if any payment details provided are incorrect. In case your payment is not accepted, we will provide you with the reasons in writing.
  • By making a purchase on our website, you authorize us (or our third-party payment processor) to charge you.
  • We may request additional information related to your transaction, including your credit card number, expiry date, and billing address, among others.
  • By initiating a transaction, you represent and warrant that you have the legal right to use the payment method(s) provided.
  • To complete your transaction and charge your payment method, we may provide your payment information to third parties and include applicable taxes and charges.
  • You may be required to provide additional information to verify your identity before completing the transaction.
  • We follow a no-refund policy, and all purchases made are final.
  • In case of any inquiry or problem, please contact our back-office team, and we will be happy to assist you.
  • We value customer feedback and use it to improve our products and quality of service continually.

LIMITED GUARANTEE

When you use our services, you have the opportunity to access the Services offered through our Website. However, we do not warrant or guarantee that the descriptions of the Courses and/or Services are accurate, complete, reliable, current, or free from errors. If any Service offered by the Website is not as described, you may notify us and we will take appropriate action. This is your sole remedy in such a situation.

GEOGRAPHIC RESTRICTION

Our company retains the right, although not the obligation, to restrict the use or availability of any course or service to any individual, region, or jurisdiction. We may use this right whenever necessary. Additionally, we hold the right to suspend any service at any time. If the offer to provide any service is not allowed, then it will not be valid on our website.

GENERAL CONDITIONS OF WEBSITE USE

  • We cannot guarantee the accuracy, completeness, validity, or timeliness of the information provided on our website. While we strive to maintain the accuracy of the content, it may be subject to change without notice.
  • We reserve the right to make changes to these terms and conditions at any time, and we may notify you of such changes through prominent posting on the website or via email communication. Your continued use of the website after such changes will indicate your acceptance of the revised terms and conditions.
  • You are granted a limited, non-exclusive, non-transferrable, and non-sublicensable license to use our website and services solely for your private, personal, and non-commercial use. Your use of the website is subject to all the terms and conditions of this agreement as they apply to the service.

AUTOMOTIVE REPAIRS

Our expertly trained and certified technicians handle all repairs of faulty car parts, and we guarantee complete customer satisfaction. If for any reason you are not happy with our auto repair services, we will refund the entire amount paid to us. By placing an order with us, you agree not to pursue any legal or personal action demanding compensation beyond the fees paid for our services.

Please note that we are not liable for any missing items that were sent to us as part of the repair and return service, including screws, bolts, nuts, and plugs. We require that all items sent to us undergo an initial acceptance test upon receipt, during which our skilled technicians will assess and document the part’s condition.

  • LIABILITY & SAFETY

At FixAuto Smart, we strive to provide high-quality and reliable services, but we cannot be held liable for certain situations and costs that may arise during the repair process. For instance, we do not cover the cost of any third-party services such as shipping, mechanical work, or installations.

Furthermore, as the customer, you assume all responsibility associated with the removal, installation, and usage of a re-manufactured item, and we cannot be held liable for any personal injury, additional costs, or death that may result from improper handling or use of the item.

It is important to note that proper maintenance and repair procedures are essential for the reliable function of all motor vehicles and the safety of their occupants. Therefore, we encourage our customers to follow standard safety procedures, use proper tools and equipment, and seek professional advice when needed when performing repairs or operating their vehicles.

SHIPPING

When sending your items to FixAuto Smart, you are responsible for all shipping expenses and the risk of any damage, loss, or theft during transit. We are not liable for any undelivered or unclaimed packages, or any lost, stolen, or damaged items. Therefore, it is recommended that you insure your package when shipping to us. Please note that shipping expenses are non-refundable, and any refunds issued in the future will only include the cost of our service, not the shipping expense.

We will ship all items back to you uninsured, but if you wish to have your items shipped back to you insured, you must provide us with a written request to do so. We are not responsible for any undelivered or unclaimed packages when shipping back to you, or for any lost, stolen, or damaged items during transit.

COMMUNICATIONS

FixAuto Smart considers effective communication with customers to be essential for providing satisfactory services. Please read our communication policy below:

  • All communications between the customer and FixAuto Smart, including but not limited to, email, fax, images or photos, phone calls, and direct verbal conversations, are considered the property of FixAuto Smart.
  • Any information conveyed through these communication channels will be used by FixAuto Smart to aid in the repair process.
  • FixAuto Smart values the privacy of our customers and ensures that any personal information exchanged during communication will be kept confidential.
  • Customers are advised to ensure the accuracy of the information provided through communication channels to avoid any inconvenience.
  • FixAuto Smart reserves the right to record any communication with the customer for quality control and training purposes.

By continuing to use our services, you agree to abide by our communication policy.

RELEASE

By using our services, you agree to release FixAuto Smart and its successors from any liability for losses, damages, claims, demands, or actions of any kind, including personal injuries, property damage, or death that may arise from your use of the services. This includes any claims directly or indirectly related to your use of our services.

CONFIDENTIALITY OF CLIENT INFORMATION

We understand the importance of confidentiality and the sensitive nature of the materials provided by our clients. We hereby pledge to keep all such materials confidential and will not disclose them to any third party, except as required by law or for financial auditing and regulatory purposes.

As a customer, you can be assured that we will not use any of the confidential information provided to us for any purpose other than the one specified in this Agreement. We will take all necessary measures to ensure the confidentiality and privacy of your information.

Any breach of confidentiality will result in immediate action, including legal proceedings, to safeguard the rights of our clients.

YOUR COMMITMENT AND RESPONSIBILITIES

By accessing and using the Website and the Services, you agree to the following terms:

  • You will use the Services only for lawful purposes and in compliance with all applicable laws.
  • You will not upload any content that infringes any trademark, copyright, or any proprietary rights of any person, defames someone, affects anyone’s privacy, or contains violence or hate speech.
  • You will not use or access the Website for collecting any market research for competing businesses.
  • You will not use any device, scraper, or any automated tool to access the Website without our permission.
  • You will inform us immediately if you find anything inappropriate or illegal.
  • You will not interfere with the proper operation of the Website or attempt to access any data or files without authorization.
  • You will notify us of any inappropriate content that you become aware of or if you discover any content that infringes any law.

 

We reserve the right, in our sole discretion, to deny access to the Website or Services without notice and to remove any content that violates these terms.

USAGE OF THIRD PARTY CONTENT

Fixautosmart.com cannot review all of the material posted to the Website, including computer software, and cannot be held responsible for its content, use, or effects. The Website may contain offensive, indecent, or objectionable content, as well as technical inaccuracies, typographical errors, and other mistakes. The material on the Website may infringe on the privacy, publicity, intellectual property, and proprietary rights of third parties, and may be subject to additional terms and conditions. The Website does not endorse or imply the accuracy, usefulness, or non-harmful nature of any posted material. We are not liable for any damages resulting from the use or downloading of material from the Website.

EXCLUSION OF LIABILITY

You acknowledge and agree that:

  1. We cannot guarantee the accuracy, completeness, validity, or timeliness of the information listed by us or any third parties, and we are not responsible for any materials posted by us or any third party. Therefore, you must use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
  1. We shall not be liable for any direct, indirect, consequential, or other types of loss or damage suffered by you through the use of the www.fixautosmart.com Website, including but not limited to loss of data or information, financial loss, or physical damage.

In no event shall FixAuto Smart be liable for any indirect, incidental, special, consequential, or exemplary damages, including without limitation, loss of profits, revenue, data, goodwill, or other intangible losses, arising from (i) your use or inability to use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

NO RESPONSIBILITY

We shall not be held responsible for:

  • Any losses you may incur as a result of inaccurate or incomplete information provided by you on our website;
  • Any losses you may incur as a result of your inability to access our website at any time;
  • Any errors or omissions in the content of our website;
  • Any losses you may suffer due to relying on any commentary, postings, or reviews (related to our services or those of our partners) on our website;
  • Any unauthorized access or loss of personal information that is not within our control.

 SPAM POLICY

Using the Website or any of our Services for illegal spam activities, such as gathering email addresses and personal information from others or sending mass commercial emails, is strictly prohibited, except for the intended purposes of this website.

THIRD-PARTY LINKS

We may provide links to external or third-party websites (“External Sites”). These links are offered solely for your convenience and should not be construed as our endorsement of the content on such External Sites. The content on External Sites is created and maintained by other parties, and you should contact the site administrator for those External Sites if you have any concerns or issues. We are not responsible for the content provided on any External Sites or the accuracy of the information presented. It is important to exercise caution when downloading files from these websites to protect your computer from viruses and other harmful programs. If you choose to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

We have made every effort to ensure that the information provided on our website is accurate and free of errors. We apologize for any omissions or errors that may have occurred. However, we cannot guarantee that the use of our website will be error-free, timely, or suitable for your specific purposes, and we make no warranties regarding the full functionality, accuracy, or reliability of the website or the server that makes it available. We do not provide any warranty regarding its suitability for any purpose and cannot guarantee that defects will be corrected, or that the site or server is free of viruses or bugs.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We provide our website and service on an “as is” and “as available” basis, and make no warranties of any kind, whether express or implied, including that the website will be error-free or that it, its servers, content, or service are free of viruses or similar contamination. We disclaim all warranties, including but not limited to warranties of title, merchantability, non-infringement of third party rights, and fitness for a particular purpose, as well as warranties arising from a course of dealing, course of performance, or usage of trade. We shall not be liable for any unintended, incidental, or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from your use or inability to access and use the website or its content, even if we have been advised of the possibility of such damages.

The website may contain technical inaccuracies, typographical errors, or omissions. We are not responsible for any such errors unless required by applicable laws. The website may also contain information on certain services that may not be available in all locations. Reference to a service on the website does not imply that such a service is or will be available in your location. We reserve the right to make changes, corrections, and/or improvements to the website at any time without notice.

The information on this website is general in nature and should not be treated as advice. We do not make any representations or warranties, express or implied, about the accuracy, completeness, currency, or reliability of the information on this website. We do not warrant or represent that the information on this website will be constantly available or available at all, or that it is true, accurate, complete, current, or non-misleading.

COPYRIGHT AND TRADEMARK

We have made available certain materials such as graphics, logos, photos, designs, audio recordings, text, software, etc. (referred to collectively as “Content”). The Content may be owned by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You are not entitled to any rights in or to the Content, and you may only use the Content as permitted under this Agreement. No other use is allowed without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose.

If you violate any provision of this Agreement, your access to or use of the website will be terminated, and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos displayed on the Website are registered and unregistered trademarks or service marks owned by us. Other company, product, and service names found on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, together with ours, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks without our prior written permission specific for each such use.

INDEMNIFICATION

You are responsible for protecting, defending, and holding us and our officers, directors, employees, successors, licensees, and assigns harmless from any claims, actions, or demands, including reasonable legal and accounting fees, that arise from your breach of this Agreement or your unauthorized use of the Website or its content. We will inform you of any such claims, suits, or proceedings at your expense. We have the right, at your expense, to take exclusive control of any matter subject to indemnification under this section. In such cases, you agree to cooperate with any reasonable requests we make to help us defend such a matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and be enforceable.

TERMINATION

Term. The Services may be canceled or terminated by us at any time, with or without cause, upon written notice to you. We will have no liability to you or any third party because of such termination.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding the subject matter contained in this Agreement.

 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of the State of North Carolina, United States, without giving effect to any principles of conflicts of law. The Courts of the State of North Carolina shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion, or other force majeure event.

ASSIGNMENT

We shall have the right to assign or transfer this agreement to any third party, including our holding company, subsidiaries, affiliates, associates, and group companies, without your consent.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@fixautosmart.com.