Terms of Service
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Purpose and Scope:
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These Terms of Service ("Terms") govern the relationship between Visionary Automotive ("Company," "we," "us," or "our") and the users of our mobile mechanic services ("Customer," "you," or "your"). By requesting, scheduling, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
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Acceptance of Terms:
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By using our services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not use our services. We may amend these Terms at any time by posting the amended version on our website.
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Definitions:
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"Mobile Mechanic Services": These refer to the vehicle repair and maintenance services performed by Visionary Automotive at a location specified by the customer, rather than at a traditional mechanic shop.
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"Cancellation Fee": A fee charged to the customer if they cancel an appointment with less than 24 hours' notice or fail to be present at the scheduled time.
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"Written, Electronic or Verbal Authorization": Refers to consent provided by the customer either in writing, through electronic means like text or email, or verbally over a phone call or in-person conversation.
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"Intellectual Property": Refers to the original creative works owned by Visionary Automotive, including the logo, artwork, images, text, videos, and other material on our website.
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"Arbitration": Refers to a dispute resolution process in which a neutral third party (the arbitrator) decides a dispute between the parties, following the rules of the American Arbitration Association.
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"Severability Clause": A provision that allows for the removal or modification of any part of the Terms if it is found to be illegal or unenforceable, without affecting the remaining parts.
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"Termination of Services": Refers to the ending or discontinuation of services by Visionary Automotive for various reasons, including but not limited to the customer's failure to comply with these Terms.
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Services
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Visionary Automotive offers professional mobile automotive repair and maintenance services, including but not limited to;
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Diagnostics
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Repairs
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Maintenance
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Inspections for various types of vehicles.
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The specific services provided will be agreed upon between the Company and the Customer during the appointment scheduling process.
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We reserve the right to refuse service at our discretion, for any reason.
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Appointments and Cancellation
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Appointments
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Customers may schedule an appointment for our mobile mechanic services on;
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Our website
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Phone
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Email
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Yelp
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Customer must schedule appointments at least 2 business days in advance.
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Cancellations
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We require a minimum of 24 hours' notice for cancellations.
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Customer may cancel through contacting the Company through any of the following avenues:
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Email: scheduling@visionaryauto.net
Call or Text: (408) 529 - 1026
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If you cancel an appointment with less than 24 hours' notice or fail to be present at the scheduled time, you may be subject to a cancellation fee of $25.
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Quotes and Estimates
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Motor Vehicle Repair Estimates
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Company will provide a written estimate prior to performing any repairs or routine maintenance work on a vehicle.
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Estimates will contain a description of the specific job and the estimated price for all parts and labor. Each part listed in the estimate shall be new unless specifically identified as a used, rebuilt, or reconditioned part.
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Estimates are subject to change based on further inspection or additional necessary services.
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Sales tax is not included in estimates.
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Specialized Estimates
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All specialized estimates will contain the same information as a standard estimate plus any other information required in relation to the specific type of estimate including but not limited to;
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Teardown estimates
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Auto Body/ Collision Repair estimates
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Automatic Transmission estimates
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A second estimate will be provided to the customer by the Company if required.
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Authorization
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Company will not under any circumstances perform any form of repair work or maintenance to a customers vehicle unless obtaining a written, electronic or verbal authorization.
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Authorization will be obtained in person, through text or call, or email correspondence.
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Any costs outside of the original estimate must be authorized as well.
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Invoices & Payments
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Invoices
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Customer will be provided with an itemized invoice at the time of completion and will contain any information required by the State of California.
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Invoices may be in either paper or paperless form.
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Payments
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Customer agrees to pay all applicable fees per the invoice provided to the customer
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Customer agrees to pay upon completion of services.
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Company will collect payment in the following forms;
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Cash
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Check
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Electronic Payment
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In the event of non-payment or a disputed charge, the Company reserves the right to pursue legal action to recover the outstanding balance.
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Warranty Refunds & Returns
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The Company offers a limited warranty on parts and 1 year warranty on labor for services rendered, as specified in the written warranty document provided to the Customer at the time of service. This warranty does not cover damage or defects resulting from misuse, accidents, modifications not authorized by the Company, or normal wear and tear.
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The Company offers a 30 day refund request period for labor on any services that did not fix the Customer's concern or did not provide a satisfactory solution to the Customer's concern. These requests are subject to review by the Company.
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In the case of a warranty claim within the 30 day refund request period, the Customer loses eligibility for a refund.
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Intellectual Property
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All content, logo, artwork, images, text, videos, and all other material ('Content') on our website are the property of Visionary Automotive and/or its licensors and may be protected by copyright and other intellectual property laws. Any use, reproduction or redistribution of the Content which is not in accordance with the terms agreed upon is explicitly prohibited.
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Limitation of Liability
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To the fullest extent permitted by the state of California, the Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our services, including but not limited to loss of use, loss of profits, or loss of data. Our total liability for any claim relating to our services shall be limited to the amount paid by the Customer for the services that gave rise to the claim.
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Indemnification
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To the fullest extent permitted by the state of California, the Customer agrees to indemnify, defend, and hold harmless the Company, its affiliates, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with the Customer's use of our services or breach of these Terms.
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Changes to Terms
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We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
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Privacy Policy
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We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into these Terms, and it governs your access to and use of the services. Please review our Privacy Policy so you understand our privacy practices.
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Dispute Resolution
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Any and all disputes, controversies, or claims arising out of or relating to these Terms of Service, or a breach thereof, including any issues relating to the applicability of this arbitration clause, shall be exclusively resolved through binding arbitration pursuant to the then-current rules of the American Arbitration Association ("AAA") for commercial disputes.
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This agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law in the State of California. The arbitrator's decision shall be final and legally binding, and judgment may be entered thereon.
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The arbitration will be conducted in the State of California. The parties shall each bear their own costs and attorney's fees in any arbitration proceedings, unless the arbitrator directs one of the parties to pay the other party's costs and attorney's fees as part of the arbitrator's award.
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By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes.
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This arbitration clause shall survive the termination of these Terms of Service.
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Governing Law
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These Terms of Service and any disputes arising out of or related to these Terms or the services provided by Visionary Automotive ("Company") shall be governed by, and construed and enforced in accordance with, the laws of the State of California, United States, without regard to its conflict of law rules that may lead to the application of any other jurisdiction's laws.
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The parties agree that any claims or litigation resulting from or related to these Terms of Service will be resolved within the jurisdiction of the state or federal courts located within the State of California. You hereby expressly consent to personal jurisdiction and venue in such courts and waive any defense of inconvenient forum.
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Severability Clause
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If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, that provision will be modified so as to make it enforceable to the maximum extent permissible under applicable law, and the legality, validity, and enforceability of the remaining provisions of these Terms of Service will not be affected thereby.
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If modification is not possible, the unenforceable provision will be severed from these Terms of Service, and all other provisions will remain in full force and effect.
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Termination of Services
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We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our services.
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If you fail to comply with any provision of these Terms, or if we are investigating suspected misconduct, we may, without liability to you, restrict access to our services without prior notice.
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Upon termination, all rights and obligations will be extinguished, except such rights and obligations which by their nature should survive will remain in effect.
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