Welcome to the Carrectly Terms & Conditions (the “Terms”). Please read these Terms carefully because they govern your (“you”, “user”, “customer”, “client”) use of Carrectly, Inc.’s (“Carrectly”, “we”, “us”, “our”) website located at www.carrectly.com (the “site”). We make our site available to individuals who are interested in obtaining repair, wash and detailing, concierge pickup and delivery, maintenance and auto care services (“Services”), as well as to our authorized employees or contractors (“Agents”, “Concierges”) and third party auto care partners (“Partners”, “Shops”, “Dealers”). Carrectly provides its services to you or your agent, representative or authorized vehicle operators (as designated by you), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).
Agreement to terms
By using our Services, a Member agrees to be bound by these Terms. You accept that these Terms and Conditions will be binding on all agents, representatives or authorized vehicle operators designated by you who use the Service or the Site on your behalf.
Changes to terms
Carrectly reserves the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do so, we’ll let you know either by posting the modified Terms on the site or through other means of communication. If you continue to use the Services after we have posted modified Terms on the site, you are indicating to us that you agree to be bound by the modified Terms.
User Representations and Warranties
By using the Service, you represent and warrant that you have the right authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement.
As a precondition to your use of the Service, you represent and warrant that:
Through the Services, we provide a platform that allows customers to obtain short-term vehicle management, to schedule Auto Care Services and communicate with Agents.
Auto Care Services include (1) the ability to arrange a pickup of your vehicle by an Agent at a location designated by you (“Pick Up”), for transportation to and service at a Carrectly - designated third party auto care (“Auto Care Facility”, “Trusted Service Center”, “Dealer”), (2) the ability to select services you wish to have performed by the Auto Care Facility, and (3) the ability to have your vehicle retrieved by an Agent (including key location if necessary) and returned to the original location (“Drop Off”). Please note that the Auto Care Facility where your vehicle will be stored and serviced (“Auto Care Facility”) will be provided by a third party, and by authorizing Pick Up of your vehicle by Carrectly, you authorize us to perform the requested services as well as store your vehicle at the Auto Care Facility (subject to the policies of such Auto Care Facility) until the Auto Care Services are complete. As a User, you authorize Carrectly Service to operate your vehicle and make decisions on your behalf for the purposes of managing vehicle pickup and drop-off logistics, repair, service, transportation, as designated by you.
Making a reservation
All in advance or on-demand services require a minimum of 1 hour notice. You may request a Pick Up by providing the necessary descriptive information for the desired Auto Care Services or selecting one of the Fixed Price options, including (1) the desired Auto Care Services, (2) the Pick Up location and (3) the desired Pick-Up time. You acknowledge that exact pricing for many Auto Care Services cannot be provided in advance, and will depend on various factors including your vehicle and the nature of the Auto Care Services to be provided. Through the Services, upon submitting a Service Description and requesting such Auto Care Services to be scheduled, an Agent will be contacting you to provide Pickup and Drop Off related to your Auto Care Services.
Modifications to Service
Carrectly reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Carrectly will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You will have the ability to cancel Auto Care Services for a reasonable period of time before the scheduled Drop Off or Pick Up time. Trip cancellations must take place no less than one hour prior to the reservation pick-up time or before an Agent is dispatched to the pickup location. Failure to cancel the service during the Cancellation Period may result in a $20 cancellation charge, upon Carrectly’s discretion.
No Show Policy
Carrectly concierge will wait up to 30 minutes after your scheduled pick-up time to make contact with you. If you are bringing the vehicle to the designated location, it is your responsibility to notify us of any material delay. If you have not made contact with your driver or Carrectly within 30 minutes of the scheduled pickup time, we will consider your reservation a "no show" and you may incur a $40 fee. Keep in mind, this fee is to cover the cost of vetting and selecting a service center for the time slot picked by you, scheduling auto service appointment, dispatching a driver to your location, and concierge’s pay while waiting.
Prior to Pick Up the vehicle must be parked at the location designated in your Service Description at the designated time. Drop Off will be assumed to take place at the same location where Pick Up occurred, unless instructed my you to drop off a car at a different location within the coverage area of our services. You are solely responsible for leaving your vehicle in a safe and legal location, and agree to hold Carrectly harmless from any damages resulting from your failure to do so.
Changes in Scheduling and Delays
We will work to return your vehicle to you in a timely manner, based on your designated vehicle return time and completion of services. Please note, the timeliness of vehicle returns also depend on the completion of repairs and other maintenance services by third party service providers or dealers, and Carrectly cannot be liable for any delays caused by service providers.
Compliance with Local Laws
You agree to comply with all state and local laws and regulations while using the Services, including, but not limited to, all driving, traffic and pedestrian related laws and regulations.
Carrectly operates on a space available, concierges available, first come first served basis. From time to time we experience high reservation volumes and concierge availability may be limited. Examples include holidays, large local events such as stadium events and weekend, rush hour, etc. Carrectly cannot be liable if the services cannot be performed or is not available at the time chosen on a reservation. Keep in mind, the earlier you book your reservation, the easier it is to plan logistics, schedule the service, and dispatch a concierge to you.
Round Trips: when your vehicle is picked up from you and delivered back to you. The amount of time it takes for the service, starting from the scheduled pick-up time and ending when the vehicle is dropped off multiplied by our hourly rate ($25 / hr) is the cost of our services. This does not include the actual price the service center charges for the cost of maintenance or repair.
One Way: When your vehicle is picked up from you and delivered to another location, per your or service center’s direction. The service is on per mile basis, where 5 miles = $30, or $6 per mile, after $30 minimum. This does not include the actual price the service center charges for the cost of maintenance or repair.
Fixed Price: These prices do not fluctuate and are listed on our website.
Customers agree to pay, either in cash or authorize Carrectly’s to charge the card you provide to us. You will have an option to pay an invoice online or through Square chip during the vehicle drop-off. Members will be charged a single fee that includes both the Auto Care Services as well as any fees associated with Drop Off and Pick Up (“Service Fee”). A tip or gratuity may be added at the customer’s discretion after Drop Off has been completed.
When scheduling Auto Care Services, you may be quoted an estimate of the applicable Service Fee or repair. Please note, however, that your actual Service Fee for the Auto Care Services may vary from these estimates based on the actual services performed. We will use commercially reasonable efforts to obtain your consent via text or in-app message prior to authorizing additional services on your vehicle.
We may suspend or terminate your access to the Services if Service Fees are 30 days past due. All fees and payments are non-refundable and non-transferable except as expressly provided in these Terms. Carrectly has no obligation to provide refunds or credits relating to any Auto Care Services, but may do so Carrectly’s sole discretion.
Hours of operation
Our hours of operations are posted on our website. Certain holidays are excluded.
Carrectly provides its services in Chicago and its suburbs only.
In a rare and unfortunate event of damage where Carrectly is at fault, if you wish to be reimbursed for any damage to your vehicle that you believe occurred during the performance of Auto Care Services (“vehicle damage”), you must submit a claim for such damages to Carrectly via email at firstname.lastname@example.org within 24 hours on which such Auto Care Services were performed. If you fail to submit your claim within the 24 hour period, you waive any right to reimbursement from Carrectly for such vehicle damage. You agree to provide to Carrectly any information or documentation that Carrectly may require in order to verify a claim for reimbursement for Vehicle Damage. Carrectly will not be responsible for any pre-existing damage to the vehicle or any incidental, special, exemplary or consequential damages in connection with any vehicle damage, including without limitation interruption of business, loss of market and/or loss of use. Carrectly’s liability to reimburse you for vehicle damage shall be limited to the actual costs of repair by an Auto Care Facility selected by Carrectly.
Conditions of Use
Content and content rights
For purposes of these Terms: (1) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (2) “User Content” means any Content that Members provide to be made available through the Services. Content includes without limitation User Content.
Carrectly does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Carrectly and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Rights in content granted by you
By making any User Content available through the Services, you hereby grant to Carrectly a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Members and Agents.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Carrectly, Agents or Members on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The foregoing does not prohibit you from providing email addresses or other electronic contact information to Carrectly in order to invite a friend to use Carrectly’s services or to share a referral code with a friend for Carrectly’s services. However, by sharing such information with Carrectly, you represent that your friend has consented to being contacted by Carrectly. Carrectly will tell your friend that you have provided his or her contact information to us for purposes of this contact.
Rights in content granted by Carrectly
Subject to your compliance with these Terms, Carrectly grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content solely in connection with your permitted use of the Services.
General Prohibition and Carrectly’s enforcement rights
You agree not to do any of the following:
We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Links to Third Parties Material
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
You agree that Carrectly, in its sole discretion, may terminate or suspend your access to and use of the Services at any time for any reason, including, without limitation, for lack of use or if Carrectly believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Carrectly may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that Carrectly may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Carrectly will not be liable to you or any third party for any termination of your access to the Service.
Warranty, Liability and Disputes
Carrectly conducts background checks including criminal and Driving Record checks (Abstracts) along with a review of other relevant background information on its agents and concierges. Only agents and auto care facilities who successfully complete Carrectly’s screening process, as determined in Carrectly’s discretion, will provide auto care services. However, Carrectly makes no warranty in connection with and/or arising from the provision of auto care services, or any acts, action, behavior, conduct, and/or negligence on the part of the agent. Furthermore, Carrectly makes no warranty regarding the auto care facility or dealership in which member’s vehicle will be serviced or stored between drop off and pick up.
The services and content are provided “as is” without warranty of any kind. We make all reasonable efforts to provide the best possible service, however we make no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any content.
Assumption of Risk and Indemnity
The auto care facilities used by Carrectly are provided by third party auto care facility providers, and by utilizing auto care services, you authorize Carrectly to have your vehicle serviced and stored at any one of such auto care facilities, subject to the policies of such facility then in effect. You knowingly and freely assume all risk when using the services, including the auto care services.
You, on behalf of yourself, your personal representatives and your heirs, hereby voluntarily agree to release and hold harmless Carrectly and its officers, directors, affiliates, employees, consultants, agents, successors and assigns, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal fees arising out of or in any way connected with your (1) access to or use of the services or content (2) use of auto care services including, without limitation, for bodily injury, wrongful death, emotional distress, or other damages or harm, whether to you or to third parties, which may result from the provision of auto care services, or (3) violation of these terms, including, without limitation, for bodily injury, wrongful death, emotional distress, loss of services or other damages or harm, whether to you or to third parties, which may result from your use of the services.
Limitation of Liability
Neither Carrectly nor any other party involved in creating, producing, or delivering the services or content will be liable for any indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of use, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from: (1) the use of or inability to use the services or content, (2) whether based on warranty, contract, tort (including negligence), (3) product liability or any other legal theory, and (4) whether or not Carrectly has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Without limiting the coverage of Carrectly’s insurance policy as described herein, in no event will Carrectly’s direct liability to you arising out of or in connection with these terms or from the use of or inability to use the services or content exceed the amount you have paid Carrectly in the last three (3) months, or, if greater, five hundred dollars ($500).
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.
Because the auto care Services involve the utilization of third party Dealers, Washes, and other auto care Facilities, in the event that you have a dispute with a auto care Facility, Carrectly may, in its sole discretion, facilitate communication between you and the auto care Facility in connection with such dispute. If such a dispute is unable to be resolved between you and the auto care Facility, Carrectly may, in its sole discretion, and where feasible, intervene in such dispute and take any actions we deem appropriate.
These Terms constitute the entire and exclusive understanding and agreement between Carrectly and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Carrectly and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without Carrectly’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Carrectly may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Carrectly under these Terms, including those regarding modifications to these Terms, will be given by Carrectly: (1) via email; or (2) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Carrectly’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Carrectly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
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