Welcome to Tony’s Mobile Car Service. These Terms and Conditions (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and Tony’s Mobile Car Service (“we,” “us,” or “our”), concerning your access to and use of our website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site” and “Services”).
By accessing the Site or using our Services, you acknowledge that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and our Services and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.
Tony’s Mobile Car Service provides on-demand, mobile automotive repair and maintenance services at the user’s specified location within our designated service areas. Our services include, but are not limited to, routine maintenance, vehicle diagnostics, brake services, engine repair, and emergency roadside assistance (“Services”).
You agree that a binding contract is formed when you book a service and we confirm your appointment. All services are performed by our certified technicians. We reserve the right to refuse service to anyone for any reason at any time. We may, in our sole discretion, limit or cancel quantities of services purchased per person, per household, or per order.
By using the Site and our Services, you represent and warrant that:
You are responsible for providing a safe and accessible environment for our technicians to perform the Services. This includes ensuring the vehicle is located in a place where it is legal and safe to work. We are not liable for any delays, damages, or inability to perform services resulting from an unsafe or inaccessible work environment. You must secure any pets and inform us of any potential hazards at the service location.
You may not access or use the Site or our Services for any purpose other than that for which we make them available. The Site and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user, you agree not to:
Unless otherwise indicated, the Site and all its content are our proprietary property. This includes all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”). The Content and Marks are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
You agree to pay all charges for services you purchase at the prices then in effect, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We use a third-party payment processor to handle all payment transactions. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. All payments shall be in U.S. dollars.
You may cancel your scheduled service appointment. To avoid a cancellation fee, we require that you provide at least 24 hours’ notice. Cancellations made with less than 24 hours’ notice may be subject to a cancellation fee, which will be communicated to you at the time of booking. We reserve the right to cancel or reschedule any appointment at our discretion due to inclement weather, technician availability, or other unforeseen circumstances. If we cancel your appointment, you will not be charged.
Our goal is your complete satisfaction. If you are not satisfied with a service performed, please contact us within 30 days of the service date. We will investigate the issue and, at our discretion, may offer to re-perform the service, provide a partial or full refund, or offer a credit for future services. Refunds are not guaranteed and will be considered on a case-by-case basis.
We provide a limited warranty on the services and parts we provide. The specific terms of the warranty (e.g., duration, coverage) will be provided on your service invoice and may vary depending on the type of repair and the parts used. This warranty typically covers the specific parts we replaced and the labor to install them for a period of 12 months or 12,000 miles, whichever comes first.
This warranty does not cover:
To make a warranty claim, you must contact us and provide a copy of your original service invoice. Our obligation under this warranty is limited to re-performing the defective service or replacing the defective part at no cost to you.
The Site and our Services are provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site or our services, even if we have been advised of the possibility of such damages.
Our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the services during the six (6) month period prior to any cause of action arising.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or Services with whom you connected via the Site.
These Terms and Conditions and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Hawaii applicable to agreements made and to be entirely performed within the State of Hawaii, without regard to its conflict of law principles.
Any legal action of whatever nature brought by either you or us shall be commenced or prosecuted in the state and federal courts located in Honolulu County, Hawaii, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any legal proceeding. Such informal negotiations commence upon written notice from one person to the other.
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Services, please contact us at:
Tony’s Mobile Car Service
(808) 500-8154
(808) 799-2506
tonymobile808@gmail.com
94-252 Pupuole StWaipahu, HI 96797
