Terms of Use

Motokaptia Corp. o/a MicroMech ("MICROMECH", "we" or "us") welcomes you (hereinafter referred to as "you" and/or "customer" to www.micromech.net (the "Site"). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of the Site is expressly conditioned on your acceptance without modification of the following Terms of Use (the "Terms of Use"). These Terms of Use, together with the Privacy Policy and Limited Warranty are collectively referred to as the "Agreement". By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by this Agreement and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT AGREE TO ANY OF THE FOLLOWING TERMS OF USE, DO NOT ACCESS OR USE THIS SITE. By accessing or using this Site, you acknowledge that you have read this Agreement and you agree that each use by you of this Site signifies your continuing agreement to be bound by this Agreement. Subject to applicable law, MICROMECH, reserves the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement prior to the date the amendment comes into effect, and will indicate the date this Agreement was last revised. In addition, if you have registered for an account on our Site (an "Account") we will provide you notice of the revision to your registered email address. To the fullest extent permitted by applicable law, your continued access to and/or use of the Site after the revised date specified in the Agreement constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised. You hereby acknowledge and agree that MICROMECH reserves the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that MICROMECH will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

By accessing or using this Website, you acknowledge that you have read this Agreement and our Privacy Policy and Limited Warranty. You agree that each use by you of this Website signifies your continuing agreement to be bound by this Agreement.

1. The Site

The Site is operated and maintained by MICROMECH. MICROMECH is platform offering customers access to a network of independent automotive technicians, vehicle service providers and heavy equipment technicians (collectively referred to as the "Service Providers") . Through the Site, Customers can schedule appointments for the repair, maintenance, inspection or diagnostic services of the customer's vehicle (the "Service" or "Services"). The Service Providers are not employees of MICROMECH, but are engaged as independent contractors. MICROMECH does not provide the Services directly, but does offer a Limited Warranty on work performed by a Service Provider engaged by MICROMECH. The terms of the Limited Warranty can be reviewed here.

MICROMECH, THROUGH THE SITE, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY, OTHER THAN AS SPECIFIED IN THE LIMITED WARRANTY, FOR ANY SERVICES PROVIDED TO THE CUSTOMER BY A SERVICE PROVIDER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.

MICROMECH checks the backgrounds of Service Providers via third party background check services to the extent permitted by applicable law. However, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with any person whom you do not know. By using the Site, you agree to hold MICROMECH free from the responsibility for any liability or damage that might arise out of the Services. MICROMECH is not responsible for the conduct of any Service Provider, and will not be liable for any claim, injury or damage arising in connection with any Services.

2. User Name and Password

Certain features and/or portions of this Site are password-protected and require you to complete a registration process to set up an Account in order to obtain access and/or participate. In certain circumstances, MICROMECH will automatically create an account for you when you submit your first Service request or request a Quote if an Account profile has not yet been created.

In the event that you do not provide or update such information, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using the Site, or any such features of the Site.

Your Site Account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of MICROMECH. MICROMECH recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.

All login names and passwords remain the property of MICROMECH, and may be cancelled or suspended at any time by MICROMECH without any notice or liability to you or any other person. MICROMECH is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify MICROMECH of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

3. Requesting a Quote and Scheduling an Appointment

Requesting the Quote

Prior to scheduling a Service with one of our Service Providers, MICROMECH will provide a detailed estimate of the parts, labour and inputs which will be required to perform the Service (a "Quote"). All Quotes are provided free of charge, and without any obligation to book a Service. To receive a Quote from MICROMECH, submit a request for a Quote through the Site. When requesting a Quote, you will be asked to provide the following information:

  1. the type of Service that you think is required on your vehicle;
  2. certain information about yourself, including your name, email address and phone number and address, and
  3. information about your vehicle including the Vehicle Identification Number (VIN), make, model, year, engine, trim, transmission, mileage and previous service history if applicable.

After assessing the information, MICROMECH will provide you with a Quote. The Quote is valid for thirty (30) days and is subject to change at the discretion of MICROMECH. The Quote is only for the items specified thereon, which MICROMECH considers required Services at the time of requesting the Quote.

Scheduling the Appointment

Once you receive a Quote, you may book an appointment for the Service with one of MICROMECH's network of Service Providers (an "Appointment"). An Appointment can be booked by submitting a request for an Appointment through the Site and by providing the following information:

  1. the location where you would like the Service to be performed;
  2. the date and time that you would like the Service to take place;
  3. other information as required about the desired Service location conditions; and
  4. your credit card and billing information.
Confirmation of Appointment

MICROMECH will review the request for an Appointment and will provide you with a confirmation of Appointment (on your account and by email) which shall contain the following information:

  1. the name and contact information of the Service Provider;
  2. a description of the Service(s) to be provided at the Appointment;
  3. the price of the Services as specified in the Quote; and
  4. the date, time and location of the Appointment.

4. Cancellation Policy

Once an Appointment has been scheduled, you may cancel the Appointment through the Site or by telephone for no additional charge provided the cancellation is at least 24 hours prior to the scheduled Appointment. If you cancel your Appointment by providing less than 24 hours' notice, MICROMECH may, at their discretion, charge your credit card a $50.00 cancellation fee. If you do not notify MICROMECH to cancel your appointment, or if you are unreachable at your scheduled appointment time, MICROMECH may, at their discretion charge your credit card a $90.00 cancellation fee.

When a Service Provider cancels a scheduled Appointment, MICROMECH will notify you and will substitute an alternative Service Provider to perform the Services. However, MICROMECH cannot guarantee that an alternative Service Provider will be available, or will be available at the designated Appointment time. In such cases the Appointment will be rescheduled with your consent, at no additional cost.

5. Additional Services

If in the process of performing a Service, the Service Provider identifies additional repair work for your vehicle, or determines that your vehicle requires additional services that are different from the ones you requested ("Additional Services"), the Service Provider will notify MICROMECH and MICROMECH shall provide you with a revised Quote ("Revised Quote"). If you accept the Revised Quote for Additional Services, you will be required to sign an authorization form provided by the Service Provider indicating your acceptance of the Revised Quote.

If in the process of performing a Service, the Service Provider determines that your vehicle requires Additional Services, but is not able to perform such Additional Services, you may be charged a separate diagnostic fee.

6. Diagnostic Service

MICROMECH offers diagnostic inspection services provided by the Service Providers in our network ("Diagnostic Service"). When conducting a Diagnostic Service, the Service Provider will seek to diagnose the problem with your vehicle. This will involve a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate testing procedures. Although the Service Providers utilize their auto repair experience in performing diagnoses in accordance with industry standards, we cannot guarantee that any particular diagnosis performed on your vehicle will identify all of the problems with your vehicle (and/or solutions) during the first inspection. After performing the Diagnostic Services, the Service Provider will identify and recommend the Services for your vehicle MICROMECH will provide you with a Quote for those Services. If you accept the Quote for the Services, you will be required to sign an authorization form provided by the Service Provider indicating your acceptance of the Quote for the Services.

7. Payment for Service

MICROMECH offers diagnostic inspection services provided by the Service Providers in our network ("Diagnostic Service"). When conducting a Diagnostic Service, the Service Provider will seek to diagnose the problem with your vehicle. This will involve a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate testing procedures. Although the Service Providers utilize their auto repair experience in performing diagnoses in accordance with industry standards, we cannot guarantee that any particular diagnosis performed on your vehicle will identify all of the problems with your vehicle (and/or solutions) during the first inspection. After performing the Diagnostic Services, the Service Provider will identify and recommend the Services for your vehicle MICROMECH will provide you with a Quote for those Services. If you accept the Quote for the Services, you will be required to sign an authorization form provided by the Service Provider indicating your acceptance of the Quote for the Services.

MICROMECH uses a third party service to process credit card information. All payments by you must be made through the Site. Any payments for Services paid outside of the Site are not subject to MICROMECH's Limited Warranty.

No refunds or credits will be provided once your credit card has been charged, except that in MICROMECH's sole discretion, refunds or credits may be granted in extenuating circumstances, such as to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

8. Limited Warranty

The Service Providers will perform the Services and Additional Services in accordance with industry standards, backed by our Limited Warranty, available here. Note that the Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your vehicle (other than a problem with the replaced part itself).

9. Ownership

This Site, its design, all text, graphics, content, video, audio and the selection and arrangement of the Site are the property of MICROMECH, and/or its various subsidiaries, affiliates, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on the Site may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of MICROMECH or the applicable Third Parties.

The Site and all other related trademarks and design marks displayed on the Site (collectively, the "Trademarks") are registered and common law trademarks of MICROMECH. Other trademarks and design marks appearing on this website are trademarks of their respective owners. The trademarks of Third Parties are used under license. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of MICROMECH or the other party that may own the applicable trademarks.

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MICROMECH or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on this website is the exclusive property of MICROMECH and protected by Canadian and international copyright laws. All software used on this website is the property of MICROMECH or its software suppliers and protected by Canadian and international copyright laws.

11. Use of Site

You may use this Site only if you are a resident of Canada, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use this Site if you live in a jurisdiction where access to or use of the Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of this Site is lawful, and you must comply with all applicable laws. MICROMECH only provides Services within Canada.

Neither the Site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of MICROMECH, except that you may download, display and print the content presented on the Site for your personal, non-commercial use only. Unauthorized use of the Site and/or the content contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this Site. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information from the Site for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the Site.

You are prohibited from contributing, posting or transmitting to this Site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MICROMECH reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

In its sole discretion, in addition to any other rights or remedies available to MICROMECH and without any liability whatsoever, MICROMECH at any time and without notice may terminate or restrict your access to any component of the Site.

12. Privacy

You have read MICROMECH'S Privacy Policy, the terms of which appear on the Site here and are incorporated into these Terms of Use, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by MICROMECH in accordance with the terms of and for the purposes set out in the MICROMECH's Privacy Policy.

13. Feedback

MICROMECH enables visitors to the Site to provide MICROMECH with feedback by email or otherwise ("Customer Content"). If you provide Customer Content you grant MICROMECH a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant MICROMECH the right to use the name you submit with the Customer Content, if any, in connection with the MICROMECH's rights set out in this section.

14. LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY

Except as explicitly provided in these Terms of Use and the Limited Warranty as amended from time to time, MICROMECH and the Third Parties make no representations or warranties of any kind, express or implied, regarding the Site and Services, all of which are provided on an "as is" and "as available" basis. MICROMECH and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the Site, or any of the content or data found on the Site, and expressly disclaim all warranties and conditions in respect of the Site, its content or data, and any products or Services offered for sale on the Site, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Without limiting the foregoing, neither MICROMECH of the THIRD PARTIES make any warranty as to the Service Provider's professional registration, accreditation or license, nor do they make any warranty, other than as set out in the Limited Warranty, as to the results that may be obtained from the use of the Services, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness of the Services or any products provided through or in connection with the Services, use of the Site or this Agreement.

MICROMECH and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.

MICROMECH and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.

Limitation of Liability

Except as provided below, in no event will MICROMECH or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or in connection with this Agreement, connected with any use of the Site or its content, the operation of this Site or any failure or delay in the operation of this Site (including, but not limited to the inability to use any component of the Site for purchases), or any of the products or Services offered on the Site, even if advised of the possibility of damages.

The liability of MICROMECH and any of the Third Parties, including the Service Providers with respect to any and all claims arising out of the performance or non-performance of MICROMECH's obligations in connection with this Agreement, including any failure or delay in performing any obligation hereunder, and/or including with the sale of the Services, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the amount paid by you under these Terms of Use for the specific product or service to which the loss or damage relates. Such amount shall be the Customer's sole remedy, and MICROMECH's sole liability for such matters.

This limitation of liability shall prevail over any conflicting or inconsistent provision contained in any provision of this Agreement.

Indemnification

You will indemnify and save harmless MICROMECH and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought in connection with or resulting from, directly or indirectly:

  1. your use or misuse of or inability to use the Site, and/or any Service;
  2. your violation of this Agreement;
  3. your violation of any applicable law or regulation;
  4. your violation of the rights of another (including but not limited to Service Providers); and
  5. your information and content that you submit or transmit through the Site.

MICROMECH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of MICROMECH.

15. Accuracy of Information

We rely on the information you provide through this Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

The Site contains links to websites owned or operated by other entities which are not associated or affiliated with MICROMECH or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by MICROMECH or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. MICROMECH and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the Site or any of its content in any form and by any method is strictly prohibited.

Linking to any other website is at your sole risk and MICROMECH will not be responsible or liable for any damages in connection with such linking. In addition, MICROMECH does not endorse or approve of any websites linked from or to the Site, except for other websites operated by MICROMECH.

You may not gather, extract, reproduce and/or display on any other non- MICROMECH website or other online service, any material on or from the Site, whether or not by the use of spiders or other 'screen scraping' software or system used to extract data without the express consent of MICROMECH.

If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms of Use.

17. Survival

The provisions above that follow the heading "Liability Disclaimer" will survive the termination of your access to the Site.

18. Relationships

The relationship between MICROMECH and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of this Agreement or your use of the Site.

19. Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of Calgary, in the Province of Alberta, Canada, in all disputes arising out of or relating to the use of the Site and these Terms of Use. This Agreement and its performance will be governed by the laws of the Province of Alberta, Canada, and the federal laws of Canada applicable in that Province.

20. Severability

This Agreement will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of this Agreement.

21. Headings

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect this Agreement.

22. Entire Agreement

These Terms of Use, together with those incorporated or referred to in these Terms of Use, including the Privacy Policy and the Limited Warranty, constitute the entire agreement between us pertaining to the subject matter of these Terms of Use, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Use, and may not be amended or modified except by MICROMECH as set out above. There are no representations, warranties or other agreements between us, express or implied in connection with the subject matter of these Terms of Use, except as specifically set out in these Terms of Use or in those incorporated or referred to in these Terms of Use. No party has been induced to enter into these Terms of Use in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Use or in those incorporated or referred to in these Terms of Use.

23. Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

24. Business Name and Business Ownership

The legal business name of MICROMECH is Motokaptia Corp. o/a MicroMech. Please direct enquiries to the MICROMECH'S registered business address at 441 11th ave SE, Calgary, Alberta, T2G 0Y5, or by telephone at (587) 318-0066 or e-mail at info@micromech.net.

Last Revised: July 12, 2016