Terms & Conditions

TERMS AND CONDITIONS

These Terms & Conditions (together with the documents referred to in them) govern your use of our website at servo.nz and all related sites, services, applications, and tools, which we operate from time to time (the “SERVO Service”).

These Terms & Conditions apply to any person registering as a “CAR OWNER” on the SERVO Service or using the SERVO Service as a CAR OWNER (a “CAR OWNER”) or if you are registering to use the SERVO Service as a Service provider, or you are using the SERVO Service as a Service Provider (a “Service provider”)

By using the SERVO Service you confirm that you accept these Terms & Conditions and that you agree to abide by them.

INFORMATION ABOUT US

The SERVO Service is operated by Servo Ltd (“We or “SERVO ”).We are a limited company registered in New Zealand

Our company number is: 1854043

Our GST registration number is: 094-646-914

Our Servo TradeMark registration number is: 1200783

REGISTERING AS A CAR OWNER

In order to benefit from all the features of the SERVO Service available to CAR OWNERS you will need to register with us as a CAR OWNER by following the online prompts. You will be asked to provide certain information about yourself including your name, telephone number and email address.

You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.

By registering as a CAR OWNER you are forming a contract with us. The contract between us will consist of your registration details, these Terms & Conditions, our Privacy Policy and our Feedback Policy. Unless we have expressly stated otherwise, in the event of any conflict or inconsistency between these Terms & Conditions and our Privacy Policy or Feedback Policy, or any other document or legal notice published on our Service from time to time, these Terms & Conditions shall take precedence.

PROVISION OF SERVICES TO CAR OWNERS

Following registration, we will make certain services available to you free-of-charge. The services will include the ability to post details of any automotive repair or servicing work you need a Service Provider to do for you (a “Job”), the ability to receive quotes from Service providers to Jobs you have posted (“Quotes”) and the ability to post feedback in relation to any Service Provider you have used as a result of your use of the SERVO Service (“Feedback”).

You must only post a Job if you have a genuine requirement for the work detailed in the Job to be performed. You must only post Feedback in relation to a Service Provider if you have used them as a result of your use of the SERVO Service.

If you do decide to use the services of a particular Service Provider as a result of your use of the SERVO Service, you agree to notify us by updating your Job details accordingly. You can do this by clicking the relevant button on your Job page.

Full details of the services available to CAR OWNERs will be published on servo.nz from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.

OUR RESPONSIBILITIES TO YOU

We will provide the SERVO Service to you using reasonable skill and care and in accordance with these Terms & Conditions. However, if you use the SERVO Service as a CAR OWNER you acknowledge and agree that the services, we provide are subject to the following limitations and disclaimers:

Although we have asked all users to use the SERVO Service responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the SERVO Service, which is provided by, or based on information submitted by, third parties. This includes any information contained in the details of any Quotes you may receive from Service Providers.

If you use the SERVO Service, you acknowledge and agree that we do not endorse or recommend any of the Service Providers who use the SERVO Service and we do not check or verify all the information which Service Providers post on or transmit via the SERVO Service. You shall be solely responsible for checking and verifying any information which you access via or receive via the SERVO Service before acting on it and placing any reliance on it. If you choose to use the services of any particular Service Provider because of information you have received through your use of the SERVO Service you do so entirely at your own risk.

If you use the SERVO Service, you also acknowledge and agree that information contained in any Quotes for Jobs you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any Service provider. This is the case even if you "accept" or "confirm" the Quote by clicking the relevant button on the SERVO Service. If you choose to instruct a Service Provider to carry out any work for you as a result of your use of the SERVO Service, we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a Service Provider as a result of your use of the SERVO Service.

PLEASE NOTE: We (Servo Ltd) will not under any circumstances have any responsibility to you, or liability to you, for the performance or quality of any work which you ask any Service Provider to carry out, or for any acts or omissions on the part of any Service provider. Service providers will at all times remain solely responsible to you for the work they undertake and their own acts and omissions.

STATUS OF QUOTES

When you post a Job on the SERVO Service you will receive Quotes from Service providers based on the information you have provided, including your vehicle make and model and job type.

All Quotes provided via the SERVO Service are indicative only and are subject to refinement or change by Service providers before they commit to undertake any work. We cannot guarantee the accuracy of a Quote or that at a Service Provider will ultimately be able to able to complete your Job for a Quoted price. We recommend that you seek confirmation of a Quote direct from a Service provider, before you instruct them to undertake your Job.

PASSWORDS AND SECURITY

If you register to use SERVO Service you will be asked to provide a valid and current email address. You must keep your ID confidential and must not disclose it or share it with anyone else. You are responsible for preventing unauthorised use of your ID.

If you believe there has been a breach of security such as the disclosure, theft or unauthorised use of your ID, you must notify us immediately. If we reasonably believe that your ID is being used in any way which is not permitted by these Terms & Conditions, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your ID until the issues has been resolved.

ACCEPTABLE USE POLICY

The SERVO Service allows registered users (including both Car Owners and Service Providers) to create, edit and submit material for inclusion on or transmission via the Service, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs, posting Feedback (collectively “User Content”). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

You agree to comply with all applicable laws and regulations when using the SERVO Service. You are solely responsible for all User Content you submit for inclusion on or transmission via the SERVO Service. You must ensure that all User Content you transmit via the SERVO Service is lawful and honest. In particular you must not post or transmit via the SERVO Service any User Content that:

1. Is fraudulent, dishonest or misleading;

2. Is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;

3. Encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;

4. Infringes the copyright or other rights of any third party;

5. Is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

By submitting any User Content to us, or via the SERVO Service, you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the User Content on or through the SERVO Service for the purpose of operating the SERVO Service.

GENERAL DISCLAIMERS

Whilst we endeavour to ensure that the information available on or through the SERVO Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the SERVO Service permits you to access and receive information supplied by third parties, or which is based on information or data supplied by third parties, including third party User Content. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

Although we aim to offer you the best service possible, we make no promise that the SERVO Service will meet your requirements. We cannot guarantee that the SERVO Service will be fault or virus free or continuously available. Your access to the SERVO Service may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may change or discontinue the SERVO Service, or any part thereof, by giving reasonable notice at any time.

LIABILITY

To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of SERVO Service or any fault or problem relating to the SERVO Service or any content received via the SERVO Service.

Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which cannot be excluded or limited under applicable law.

Your statutory rights as a consumer are not affected by these Terms & Conditions.

TERMINATION OF SERVICES

We may suspend or cancel your registration and/or terminate your access to or use of the SERVO Service and/or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the SERVO Service.

You may cancel your registration at any time by informing us in writing. If you do so you must stop using the SERVO Service.

The suspension, cancellation or termination of your registration and your right to use the SERVO Services shall not affect either party’s statutory right or liabilities.

INTELLECTUAL PROPERTY

Unless otherwise stated, the copyright, database right and other intellectual property rights in the SERVO Service (including without limitation all content, data, materials and technology used or appearing in the SERVO Service or transmitted through it) belongs to us or our licensors. All rights are reserved.

By using the SERVO Service you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the SERVO Service and the Jobs and Quotes and Quoting Data submitted to or via the SERVO Service. You agree that all intellectual property rights and other rights in such aggregated and anonymised data shall belong to Whocanfixmycar.com Ltd and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the SERVO Services (including any CAR OWNERs or Service provider) can be identified.

PRIVACY AND COOKIES

The servo.nz website and the SERVO Service includes areas where you are requested to, or can, input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.

We use cookies on our website and as part of the Servo Service. Further information about cookies and how we use them can be found in our Privacy Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy.

GENERAL

All notices shall be given to us via email or by post using the contact details set out in Part 1 above, or to you at either the email or postal address you provide during registration. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.

If any provision of these Terms & Conditions is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms & Conditions and the remainder of the affected provisions shall continue to be valid.

The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.

We may revise these Terms & Conditions at any time. You are expected to check these Terms & Conditions from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms & Conditions may also be superseded by provisions or notices published elsewhere on our website or the SERVO Service.

These Terms & Conditions will be subject to the laws of England and Wales and the English courts shall have jurisdiction to resolve any disputes between us.

These Terms and Conditions were last updated on 7 June 2022.

SUCCESS FEES

By becoming a member and by submitting Quotes or by allowing for Quotes to be submitted on your behalf, in respect of Jobs, you are also entering into a legally binding contract with us under which you agree to pay the applicable success fee (the “Success Fee”) in the event that your Quote is selected by the CAR OWNER, or you are otherwise engaged by the CAR OWNER to undertake the Job. Full details of the applicable Success Fee for a particular Jobs will be published on the SERVO Service from time to time and will be provided whenever a Job is notified to you.

You agree that Success Fees are payable if you are selected or engaged to undertake a Job, irrespective of whether the Job is ultimately completed or is cancelled. We shall be under no obligation to refund such fees in respect of any Jobs which are not completed or cancelled and refunds will only be given in our absolute discretion. Under no circumstances will requests for refunds be considered where:

They are made later than thirty (30) days after we have successfully collected a Success Fee, or invoiced you for a Success Fee, or made our first attempt to collect the Success Fee from your designated credit or debit card or other payment method; or
They are made in respect of Jobs where we hold insufficient evidence that follow-up actions have been taken to manage the booking with the CAR OWNER, which must include attempts to contact the CAR OWNER by telephone and through the SERVO Services’ messaging system, after the date that the booking was confirmed within the system and within a reasonable time of any contact from the

CAR OWNER.

By registering as a Service Provider you are also understand and agree that CAR OWNERs who have used your services will be able to provide Feedback and we may give you a rating based on the Feedback you have received. Whilst we have asked all users of the Services to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Servo Ltd) shall not have any responsibility to you or liability to you for any Feedback which is posted by any CAR OWNER and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or libellous, contact us and we will investigate but we shall not be obligated to take any action. Please refer to our Feedback Policy for further information concerning our approach to Feedback.

YOUR RESPONSIBILITIES

You agree to abide by these Terms and Conditions when using the SERVO Service and in your dealings with CAR OWNERs.

You agree that we shall be entitled to permanently or temporarily suspend your access to and use of the SERVO Service and / or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms & Conditions, or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental the SERVO Service or its reputation. Under these circumstances we shall not be obliged to give you a refund of any Success Fees you have paid.

You agree that you will only use any information concerning any CAR OWNER and any Jobs they have posted, which we provide to you or which you obtain via the SERVO Service, for the purpose of submitting Quotes and (if you are selected to undertake the work) for the purposes of discussing that work with the CAR OWNER and undertaking the Work. You agree that you will not use such information for any other purpose without first obtaining the CAR OWNER's prior consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.

You shall be solely responsible for checking and verifying the details of any Job which is transmitted to your via the SERVO Service before you agree to undertake any work for a CAR OWNER and for agreeing with the CAR OWNER the terms on which any work will be performed.

You shall be solely responsible for complying with all applicable laws and regulations in your dealings with CAR OWNERs and for the performance and quality of any work which you agree to undertake for any CAR OWNER.

You agree that you must only use the SERVO Service in connection with your own business and must not (without our prior written consent) use the SERVO Service for the benefit of any other business providing automotive repair and maintenance services.

PLEASE NOTE: By registering as a Service Provider and by using the Services you are agreeing that you shall be solely responsible for all products, services and work you may undertake or perform for any CAR OWNER or supply to any CAR OWNER and for your dealings with any CAR OWNER. You agree to indemnify us and hold us harmless from any costs, losses or claims which we may suffer or incur and which result from any information you submit or transmit via the SERVO Service or from any work which you may agree to perform for any CAR OWNER or from your dealings with any CAR OWNER or your use of their information.

ACCEPTABLE USE POLICY

The SERVO Service allows users (including Service providers and CAR OWNERs) to create, edit and submit material for inclusion on or transmission via the SERVO Services, including (without limitation) by creating Listings, posting Jobs, submitting Quotes for Jobs, posting Feedback and sending messages (“User Content"). Whilst we do not seek to monitor or control the submission of User Content, we do reserve the right to delete, move and edit any User Content submitted where (in our absolute discretion) we consider it prudent or necessary to do so.

1. Is fraudulent, dishonest or misleading;

2. Is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;

3. Encourages conduct that constitutes a criminal offence, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;

4. Infringes the copyright or other rights of any third party;

5. Is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).

By submitting User Content to us you are granting us a royalty-free, non-exclusive licence to use, reproduce, modify, translate, make available and distribute the User Content on or through the SERVO Service for the purpose of operating the SERVO Service.

GENERAL DISCLAIMERS

Whilst we endeavour to ensure that the information available on or through the SERVO Service is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the SERVO Service permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.

LIABILITY

If we are found to have any liability to you under or in connection with these Terms & Conditions or in relation to the SERVO Services more generally, whether under contract, tort (including negligence) breach of statutory duty or otherwise, our total aggregate liability to you shall not, in respect of any and all liabilities arising in any Membership Year, exceed an amount equal to the total Membership Fee and Success Fees paid by you to us in that Membership Year.

TERMINATION

We may suspend or cancel your registration and/ or terminate your access to SERVO Service and/ or our agreement with you, if you are in breach of these Terms & Conditions or have made improper use of the SERVO Service or we have reason to believe that you may have breached these Terms and Conditions or made improper use of the SERVO Service.

We may also terminate our agreement with you (and your membership) for convenience with effect from the end of your current Membership Year by giving not less than fourteen (14) days prior written notice to you.

You may cancel your registration at any time by informing us in writing. If you do so you must stop using the SERVO Service. If you terminate your subscription early, you will not be entitled to a refund of any Membership Fees and Success Fees you have already paid.

The suspension, cancellation or termination of your registration and your right to use the SERVO Service shall not affect either party’s statutory right or liabilities.

INTELLECTUAL PROPERTY

PRIVACY AND COOKIES

The servo.nz website and SERVO Service includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy.

We use cookies on our website and as part of the Servo Service. Further information about cookies and how we use them can be found in our Cookies Policy. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy and Cookies Policy.

GENERAL

The failure to exercise a right or remedy provided by these Terms & Conditions or by the law does not constitute a waiver of other rights or remedies.

These Terms & Conditions will be subject to the laws of New Zealand and the New Zealand courts shall have jurisdiction to resolve any disputes between us.

These Terms and Conditions were last updated on 6 June 2022.