These Terms, rules and conditions to use QUAIQ application are set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the “Agreement.” This Agreement constitutes a legal agreement between you ("you") and QUAIQ INC (incorporated in Canada, hereinafter referred to as “we” or “us”). This Agreement sets forth the terms of use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs and services made available by QUAIQ (the “Services”). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. The access and use of QUAIQ means that you agree to all these terms and conditions.
If QUAIQ updates any previous Terms, then you will be bound to the new terms and rules that are provided on QUAIQ’s website. The registered customers will be notified regarding any changes in the terms and will be asked to carefully read before using QUAIQ (“services”)
By accessing and using the Services, you represent and warrant that:(Test1)
The Services are not available to anyone under 16 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
You (“Vehicle Owners” or “Service Company ”) agree not to hold QUAIQ or, its stockholders, affiliates, licensors, partners, members, directors, managers, officers, employees, agents, successors, assigns and content providers (collectively, "members")liable for any damages, expenses, losses, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the QUAIQ platform or any services, including without limitation any liabilities arising in connection with the conduct, act, delay of performance or omission of any user or third party provider or any transaction or relationship between you and any third party provider, any dispute with any user or third party provider, any instruction, advice, act, or service provided by QUAIQ or members, and any destruction of your information.
Under no circumstances will QUAIQ or its members be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, however caused and on any theory of liability, whether in an action for contract, strict liability, or tort (including negligence) or otherwise, including without limitation lost profits, lost earnings, lost data, personal injury, or property damage, whether or not we have been advised of the possibility of such damages. QUAIQ and members do not accept any liability with respect to the quality or fitness of any work performed in connection with the QUAIQ platform.
The QUAIQ platform is only a venue for connecting users (vehicle owners, insurance companies and mechanics). We are not responsible for assessing the suitability, legality or ability of any third party provider and you expressly waive and release QUAIQ from any and all liability, claims or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way related to any third party provider. We expressly disclaim any liability that may arise between you and any third-party provider. The quality of the services scheduled or requested through the use of the QUAIQ platform is entirely the responsibility of the third-party provider who ultimately provides such services to you. You understand, therefore, that by using the QUAIQ platform, you may be exposed to services that are potentially dangerous, offensive, harmful, unsafe or otherwise objectionable, and that you use the QUAIQ platform, and third-party provider, at your own risk. Nothing in this agreement or the QUAIQ platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
You acknowledge that third party providers may not be professionally licensed or permitted. You agree that we have no responsibility or liability to you relating to vehicle services provided to you by third party providers other than as expressly set forth in these terms.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that QUAIQ or members are liable for damages, in no event will the aggregate and total liability, whether arising in contract, tort, strict liability or cause of action, exceed the amount invoiced for the associated job.
By using the QUAIQ platform, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not believe they are reasonable, you must not use the QUAIQ platform.
The Services constitute a technology platform including websites and mobile applications (the “QUAIQ Platform”) that enables users to access a network of independent third party vehicle service providers (mechanics, technicians, towing service providers, insurance companies or other independent contractors) (“Technicians”), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, towing or related services (“Vehicle Services”). WE DO NOT PROVIDE VEHICLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD-PARTY PROVIDER. You acknowledge that we do not supervise, direct, or control a Technician’s work or Services performed in any manner. A Technician provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of QUAIQ for any purpose whatsoever.
Users are required to have a compatible device (hardware “mobile” phone that runs on android or iOS systems) and network. We will not be responsible for the performance of our application.
Users can maintain their accounts by getting registered. The registration will be done once you provide authentic and verifiable personal details and information such as, name, address, contact/mobile number, vehicle information, and a valid online payment method (e.g. credit card). The vehicle’s accurate and complete details will be required including the VIN (Vehicle Identification Number), license plate number, model, make, year, engine power/size etc. The accurate information about vehicle will result in satisfactory services.
The security of account and secrecy of the password/account ID will be responsibility of user. In case of breach of security from your side, QUAIQ will not be responsible.
While requesting a job (from body shop owners, vehicle mechanics and tow trucks i.e. “SERVICE COMPANY”) you will be required to input the accurate location where vehicle is present and requires the job. The approaching technicians or mechanics must have suitable and safe job performing conditions.
In case of any rescheduling for jobs, you will be required to use QUAIQ platform instead of direct rescheduling with the service provider. All changes in the jobs will be notified and communicated with us.
We will not be liable for any fragile parts of the vehicles that are damaged during jobs including but not limited to rubber, plastic, cooling system etc.
The pricing or billing for a job will be generated through our platform. All prices are subject to change even after making payment. All charges paid are non-refundable unless otherwise determined upon your request and agreed by us.
While we will use commercially reasonable efforts to ensure the security of all credit cards 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.
We may terminate this Agreement or terminate or suspend your account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to pursue any available legal action. When terminating your account, we may delete the account and any information in it. You have no ownership rights to your account.
The Service Company can cancel a job and they should notify you and it is your responsibility to make alternative arrangements through another service provider, however, this is not guaranteed that the charges for the new Service Company will be same. We will not be liable for any cancelled, incomplete or rescheduled jobs.
If you are registered, licensed and authorized to conduct business as a body shop owner, vehicle mechanic, tow truck service provider or any vehicle service provider then you can register with QUAIQ to deliver the jobs requested by the users/clients. All Service Companies have to follow and meet our terms and conditions for delivering the services, setting service charges/pricing, providing the services, successful completion of jobs, rescheduling of jobs or refusal or cancellation of jobs.
We are not liable for any code of conduct, information or job requests that are placed by the users of QUAIQ. The services providers will have to carefully evaluate the job requirements before accepting the job. QUAIQ is not liable for any injuries, accidents, incidents, thefts, fights or mishaps that happen during jobs.
Our Advertising Terms and Conditions set out our standard terms and conditions for advertising for third-party service providers on QUAIQ. Every advertiser (body shop owners, vehicle mechanics and tow trucks i.e. “Service Company”) who submits an order for advertising on our application/platform, agrees to these terms and conditions.
We will, subject to availability, technical limitations and these Terms and Conditions, use our reasonable endeavours to publish your advertisement in the format submitted by you. The positioning or placement of your advertisement will be at our discretion unless we expressly agree otherwise in writing.
We may, at our absolute discretion, refuse to publish any advertisement without giving any reason. No contract is formed between you and us until we accept your advertisement for publication and issue you with a valid invoice. If we do refuse to publish your advertisement, no fee will be charged to you. Even if a contract has been formed between you and us, we reserve the right to refuse or withdraw your advertisement from publication at any time, without giving reason, even if we have previously published the same or similar advertisement.
We may, without prior consultation or notice to you, amend your advertisement in any way whatsoever, if we believe that the publication of your advertisement would be offensive, in breach of any law, in breach of any pre-existing agreement we have with a third party or in breach of a third party’s rights. If we amend your advertisement, this will not reduce the price agreed for publication of the advertisement. We reserve the right to vary the placement or positioning of your advertisement and to change the format of your advertisement where we deem fit to do so.
By submitting advertising material to us or authorizing or approving the publication of advertising material by us on your behalf, you warrant that the advertising material complies with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our partners, our directors, employees or agents.
Without limiting the above, you warrant that the advertising material submitted, authorized or approved by you does not breach or infringe any legislation, any copyright, trade mark, obligation of confidentiality or other personal or proprietary rights; any law of defamation, obscenity, nudity or contempt of any court.
We have no liability to you, and you indemnify us in relation to any failure of telecommunications services or systems which affect our receipt of your advertisement or the publication of your advertisement.
The following is a non-exclusive list of content, and behavior prohibited by the Service:
Visual Content that contains: nudity, pornography, adult content or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material, if found account will result in immediate suspension.
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
While using Our Application, in order to provide features of Our Application, We may collect, with Your prior permission:
We use this information to provide features of Our Service, to improve and customize Our Service. The information may be uploaded to the Company's servers and/or a Service Provider's server or it may be simply stored on Your device.
You can enable or disable access to this information at any time, through Your Device settings.
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.
Our Service may give You the ability to delete certain information about You from within the Service.
You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.
Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.
We may use third-party Service Providers to provide better improvement of our Service.
Google Places
Google Places is a service that returns information about places using HTTP requests. It is operated by Google
Google Places service may collect information from You and from Your Device for security purposes.
The information gathered by Google Places is held in accordance with the Privacy Policy of Google: https://www.google.com/intl/en/policies/privacy/
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.
You are able to express your concerns, views, reviews, or any other information through our customer care that are accessed via email. All contact details are available and accessible to the customers through our application/platform. If you do not wish to receive any promotional content in form of push notifications, SMS, e-mails or newsletters then you can unsubscribe by sending an email to us.
If you need any further information, please contact us via support@quaiq.com