Terms & Policies

Updated on August 17, 2019

Terms and conditions

These Terms of Use (together with the Privacy policy, Cookie policy and the documents referred to in them) govern your use of our website at www.garagesnear.me and all related sites, services, applications, and tools, which we operate (the “GaragesNear.me Services” or the “Services”. By using the GaragesNear.me Services you confirm that you accept these Terms of Use and that you agree to abide by them. Please read the Terms and Conditions carefully, as they contain important information about limitations of liability.

1.    About the GaragesNear.me Services

The GaragesNear.me Services are operated by JackFinder Oy (“We”). We are a limited company registered in Finland.

Our contact details are:

JackFinder Oy (2829822-4), Lapinlahdenkatu 16, 00180 Helsinki, Finland

Email: info@jackfinder.com

The Service is divided in three parts:

1.    User and vehicle profile and commissioning work orders

Users can set up a profile by inputting certain data. The user can also set up a profile for a vehicle with information about the vehicle, including model, brand, usage data and registration number. The registration number is only visible to us and the garages that receive a commission by the user. The information is used to process price listings for vehicle work orders.

2.    Garage profiles

Garages can set up a garage profile with the qualifications of their business and upload and share their material and information to the extent desired.

 Users will be able to browse through the profiles of the listed garages, commission work orders to the garages, read and write reviews of the garages (in accordance with these terms and conditions) according to their own experience and rate the service of the garages.

3.    Advice and guidance

The GaragesNear.me service can provide advice and guidance about the operation and maintenance of vehicles. The information should be considered as guidance and advice only and neither our business partners nor we can be held liable for damage resulting from actions based on the information.

Purpose of the service

The Services are aimed at motor vehicle owners (“Customer”)and garages. The services are provided solely to assist Customers to gather information and determine availability of motor vehicle maintenance services, make legitimate work order commissions or otherwise transact business with garages or other motor vehicle service providers. The Services are not provided for other purposes.

2.    Your user profile as Customer

To fully benefit from the Services, you must set up a profile and submit mandatory personal information, including your name, address, phone number and email address, and vehicle data, if any. By registering in our Services, you are forming a contract with us. The contract will consist of your registration details, theseTerms and Conditions and our Privacy Policy.

You must ensure that the information provided by you on registration is correct, complete and not misleading. Please inform us promptly of any changes to the information that you have provided by updating your details.

Your information is available to the garages that you are commissioning a work order.

By using the Services, you warrant that

  1. You possess the legal authority to create a binding legal obligation;
  2. you will use the Services to make legitimate reservations for you or for another person for whom you are legally authorised to act;
  3. you are not using the service to obtain the prices of competitors;
  4. you have a genuine requirement for the commissioned work order to be completed;
  5. you only write reviews in relation to a garage if you have used them as a result of using the GaragesNear.me Service;
  6. you will post only material that complies with the general terms part 2;
  7. you use the Service for lawful purposes only;
  8. you are not using the service for commercial purposes;
  9. you are not under the age of 18.

You can at any time delete your profile and/or the information and material uploaded by you on the Service. When deleting your profile, please note that any content posted will still be available for other users and this content will not be deleted. If your profile is inactive for more than 6 months or if you violate these terms and conditions, we reserve the right to delete or deactivate your profile and the information and material completely or partly uploaded by you. We also reserve the right, without notice, to stop providing the Service and delete your profile in this case.

Your user profile is personal, and you cannot transfer it to others without our consent. We reserve the right to transfer the Service completely or partly with all content, users and right to a third party. In case of such a transfer, you will be notified hereof with a deadline for deleting your profile if you do not accept the transfer.

3.    Our responsibilities to you as a Customer

We provide the Services to you using reasonable skill and care and in accordance with these Terms and Conditions. The following limitations and disclaimers apply.

We cannot guarantee the accuracy, integrity or quality of any information shown within the Services which is provided by third parties. You shall be responsible for checking and verifying any information which you receive via the Services before acting on it.

We cannot guarantee that the Service is always available. If possible, we will make a notification about situations where the Service will be unavailable or partly unavailable, especially if the situation will last for longer periods of time.

We reserve the right to make changes to the Service at any time.

We make backup copies of the Service and all information of the Service, but unfortunately data losses may occur. We disclaim any liability for loss or damage of your data in our Service.

We will not under any circumstances have any responsibility to you or liability to you for the performance or quality of any work order which you are commissioning through our Services.

4.    Information about you on the Service

Provided you agree, we and the garages on the Service may send you notifications through the Service to the email address provided for your account, as well as newsletters, advertisements and marketing material about us and our business partners in relation to the Service.

The email address stated by you can only be seen by the garages, if you as a user have commissioned a work offer for a garage affiliated with the Service. In that case, the email address may be used in connection with the formation of the agreement regarding a work order.

You can, at any time, easily and without any charge subscribe and unsubscribe to our newsletters and marketing material under your profile at the Service.

If you have consented to receive marketing material from our business partners, you accept that your personal information will be used for this purpose.

We do not pass on your personal information to any third party for their marketing purposes without your explicit consent.

We reserve the right to use your email address and the notification system of the Service to send you notifications regarding a message or invoice from a garage, important information regarding the Service, including, but not limited to, information regarding security issues, significant changes to these terms and conditions, information about operation, new or changed features of the Service etc., and in the event that the notification system of the Service is not available.

We will only use any personal information that We may collect about You in accordance with Our Privacy Policy. Our Privacy Policy forms an essential part of these Terms of Use and it is important that You read it. By accepting these Terms of Use You also accept and consent to Our Privacy Policy.

5.    Rights in relation to the Service and content of the site

We or our licensors own all the intellectual property rights, including copyrights of the Service, trademark rights, codes, graphic elements etc. of the Service and the elements on the Service, which are at our disposal, including among others videos, animations, sound, music, text, images, photos etc. All such rights are reserved.

We do not obtain any rights to the material that you choose to upload, except that you grant us a non-exclusive, perpetual, worldwide license to use, store and copy such material, including the right to make the material available to others on the Service or in other ways of our choice. The rights to the material made available on the Service by users, regardless of whether it is on our behalf or on the behalf of garages or other users, is owned by the party who uploaded the material. Such material will be protected by the laws of copyright or trademark. As an uploader and rights owner of material on the Service, you accept that any parties who you grant access to the material to may read and download the material for their own personal use, and that we and the garages may use it commercially, including to respond to your commissions in connection with work orders.

As a user of the Service, you can use the material that we and others make available on the Service for your own personal use, including your own personal use at home.

You are not allowed to grant access to others to use the Service or material available to you on the Service, and you are not allowed to (without limitation) transfer, distribute, forward or copy the material or Service to others or to other web pages or use the material or Service for any commercial purpose. You are not allowed to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service; not to make alterations to, or modifications of, the whole or any part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, other programs; and not to reverse engineer, decompile, disassemble or otherwise attempt to obtain the Service's source code.

If you wish to use the material for purposes other than those stated in these terms and conditions, you must make a request for consent to do so from the rights owner of the material.

6.    Personal data

When setting up a profile on the Service, we collect and store the master data/mandatory information and other personal data, which is necessary to manage your use of the Service, including administration of your access rights, and to deliver work orders for car maintenance etc. to garages according to your commission.

We are the data controller regarding your master data/mandatory information.

We use Amazon Web Services AWS servers and all of the information that we collect about you will be stored on these servers.

The information we register about you is:

·       Information that you submit when registering a user profile or use the Service and the features and services of the Service, including name, address, phone number and email address;

·       Information that you state on social networks, as the Service facilitates login through e.g. Facebook. When using such log into log on to the Service, we are granted access to the information that you have chosen to be publicly available for validation on the social network in question;

·       The type and extent of information that we collect about you depends on how you have set up your public profile;

·       Information that is stated in connection with correspondence through the Service or correspondence sent to us;

·       Information regarding your interaction with the Service, including statistics about page views, traffic to and from the Service, URL address referrals, data related to adds, IP address and standard weblog information and information gathered via cookies, web beacons and similar technologies.

You accept that we can process your personal data for the following purposes:

·       To grant you access to the Service and affiliated features and services;

·       To modify, assess and improve the Service, including the content;

·       To contact you by email, push notifications, text messages, direct mails or telephone to inform you about your car and future repairs/services, service updates, new and improved features and offers based on your message preferences;

·       With your consent, to inform you of the Service and features and services delivered by our business partners regarding targeted marketing activities;

·       To deliver other services and features which you have requested; and

·       To analyse and create statistics regarding your use of the Service in order to optimise your user experience of the Service.

You accept that we may share your personal data with:

·       Service providers with whom we have made an agreement regarding delivery of services to us, including companies we use to manage the technical operation and maintenance of the Service and marketing agencies.

·       Third parties, including owners of intellectual property rights and public authorities/supervisory authorities, if we are required to do so by local law, or in order to comply with legal obligations, or a court order, or for the purpose of preventing or detecting crime.

·       Other third parties, with your consent.

If your information is incorrect or incomplete, you can ask us to correct or delete it. You also have the right to ask for a copy of any personal data we hold that relates to you.If you have any concerns about the way in which your data are handled by us or if you would like to make a request for your data, please contact us at info@jackfinder.com and we will reply to your request as soon as possible.

If your profile is deleted, the personal information we have registered about you will be deleted, but for accounting and tax purposes, we are obliged to store certain personal information for a period of 6 years after they have been deleted. However, your profile will no longer be available to you or other users. Messages on the Service etc. will still be available after deletion.

7.    General terms applicable to all users

This part of theseTerms of Use set out certain terms and conditions which are applicable to all users of the GaragesNear.me Services.

1. Passwords and Security

If you register to use GaragesNear.me Services, you will be asked to provide a valid and current email address. You will then receive a password (“ID”) in order to activate and access your account and use GaragesNear.me

Service. You must keep your ID confidential and must not disclose it or share it with anyone. 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 yourID is being used in any way which is not permitted by these Terms of Use, were serve 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.

2. Acceptable Use Policy

The Services allow registered users to create, edit and submit material for inclusion on or transmission via the Services. Whilst we do not seek to monitor or control the submission of Material, we do reserve the right to delete, move and edit any Material 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 Services. You are solely responsible for all Material you submit for inclusion on or transmission via the Services. You must ensure that all Material you transmit via the Services is lawful and honest. In particular you must not use the Service in a manner that or post or transmit any Material via the Service that:

·       is fraudulent, dishonest or misleading;

·       is unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;

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

·       infringes the copyright or other rights of any third party;

·       infringes our copyright or other rights;

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

By submitting Material to us you are granting us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the Material on or through the Services for the purpose of operating the Services.

The views expressed by users on the Service do not represent our views or values. We have the right to disclose your identity to any third party who is claiming that any Material transmitted via the Services constitutes a violation of their intellectual property rights, or of their right to privacy.

3. Ordering services from us

You can make a request or order to purchase Services from Us directly via Your Account by providing Us with all of the necessary information that we need to confirm Your order (Your “Booking”).

You can pay for Your Booking by using credit or debit cards and any other methods as indicated on our Service from time to time.

Depending on Your payment method, You may be directed to a payment gateway e.g. Stripe via our Service and review the total amount payable for Your Booking before clicking ‘Pay’ to authorise the payment and place Your Booking (once this has been completed, You’ll return to our Site.

You confirm to Us that the payment card You use is Yours or that You have been specifically authorised to use it to purchase Your Booking.

By placing a Booking, You authorise Us to charge Your payment card.

If we are unable to accept Your Booking, perhaps because the Services You’ve requested aren’t available or because Your payment method was unsuccessfully verified, we will let You know by email and won’t charge You. However, we have to reserve the right to reject Bookings in our sole discretion.

If You wish to make a change to, amend or cancel Your Booking please contact Us. We will let You know if the change is possible. If we cannot make the change or the consequences of making the change are unacceptable to You, You may want to end the Contract by informing Us.

If You cancel Your Booking and You are due a refund we will refund You by the method You used to pay for the Services, as soon as possible and this will be no later than 14 days from the date You tell Us that You’re cancelling Your Booking.

Any additional services or jobs agreed with a garage directly are not treated under these Terms and Conditions. Any terms and conditions for such services or jobs have to be agreed individually with the parties involved. JackFinder is not involved in these agreements in any way unless otherwise agreed.

4. Disclaimers

Whilst we endeavour to ensure that the information available on or through the Services is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the GaragesNear.me Services 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.

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

We may update our Services prices and charges from time to time but these changes won’t affect any existing Contracts.

Due to the inherent risks of using the internet, We cannot be liable for any damage to, or viruses that may infect, Your device or any other property when You are using the Service. The downloading or other acquisition of any features, content, materials or information made available via the Service is done at Your own discretion and risk and with Your agreement that You will be solely responsible for any damage to Your device or loss of data that results from the downloading or acquisition of any such materials.

5. Liability

Our site may include links to other websites and resources provided by third parties. These links are provided for your convenience to provide further information. They do not signify that we endorse such websites. We have no responsibility for the content of the linked websites and we will not be liable for any loss or damage that may arise from your use of them.

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 and Conditions.

We merely communicate information on the Service, including inviting and making offers between users and garages. Although we make reasonable efforts to update the Service, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up-to-date. We disclaim any liability for the execution of the work of garages and any flaws and deficiencies in this respect. As stated above, we only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of anticipated earnings or loss of data or for any indirect or consequential losses arising out of your use of GaragesNear.me Services or any fault or problem relating to the Services or any content received via the Services.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to Service or any content on it, whether express or implied.

If we, despite the above, should be held liable, regardless of the basis of liability, our liability toward you is limited to the greater of the following:

(i)             50% of the total payment received from you within the 6 months previous to the occurrence of the claim for damages, or

(ii)           EUR 100.

The above applies unless otherwise stipulated by English law.

You acknowledge that your breach of terms and conditions may cause damage or loss to us and you agree to indemnify us in full against any third-party liabilities, claims, costs, loss or damage including consequential losses, incurred as a result of such a breach. This means you will be responsible for any loss or damage we suffer as a result of your breach.

6. Termination of Services

We may suspend or cancel your registration and/or terminate your access to GaragesNear.me Services and/ or our agreement with you, if you are in breach of these Terms of Use or have made improper use of the Services.

You may cancel your registration at any time by informing us. If you do so you must stop using The Services. The suspension, cancellation or termination of your registration and your right to use The Services shall not affect either party’s statutory right or liabilities.

We may remove the Service or cease providing any of the features, content, materials, information or services provided via the Service at any time in Our absolute discretion for any reason whatsoever.

7. Intellectual Property

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

By using the GaragesNear.me Services you acknowledge and agree that we collect aggregated and anonymised data concerning usage of the GaragesNear.me Services, the vehicles registered in the Services and work orders commissioned via the GaragesNear.me Services. You agree that all intellectual property rights and other rights in such data shall belong to JackFinder Oy and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the GaragesNear.me Services can be identified.

8. Privacy

The GaragesNear.me website 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.

9. Assignment and third party rights

No one other than a party to these Terms of Use shall have any right to enforce any of its terms.

Notwithstanding any other term of these Terms and Conditions, if at any time we wish to appoint any other person (the New Licensee Entity) in our place for the purposes of these Terms and Conditions:

(a)      we shall serve written notice on you informing you of that fact and the date (the New Entity Date) on which the appointment of the New Licensee Entity is to take effect;

(b)      we shall procure that the New Licensee Entity shall on or prior to the New Entity Date provide written confirmation to you that the New Licensee Entity shall assume our obligations and liabilities under these Terms of Use with effect from the New Entity Date;

(c)      the New Licensee Entity shall become a party to these Terms of Use in our place with effect from the New Entity Date and shall from that date be entitled to all of our rights, entitlements, remedies and benefits under these Terms of Use and shall be obliged to perform or discharge all of our outstanding obligations and liabilities under these Terms of Use and all references to us in these Terms of Use shall be read and construed as if they instead referred to the New Licensee Entity as if in each case the New Licensee Entity had always been a party to these Terms of Use as an original contracting party; and

(d)      with effect from the New Entity Date, we shall be unconditionally and irrevocably discharged from any obligations and liabilities under these Terms of Use arising on or after the New Entity Date.

10. General

All notices shall be given to us via email or by post using the contact details set out in clause 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.

Any failure or delay by Us to enforce any of Our rights under these Terms of Use will not be taken as or deemed to be a waiver of that or any other right unless We acknowledge and agree to such a waiver in writing.

Other than as set out in Clause 9, these Terms of Use are not intended to be for the benefit of, and will not be exercisable by, any person who is not a party to these Terms of Use.

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

These terms are governed by English law and You can bring legal proceedings in the English courts.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how we have handled any complaint, You may want to submit the dispute to an online resolution to the European Commission Online Dispute Resolution platform. If You are not satisfied with the outcome You can still bring legal proceedings.

We may revise these Terms of Use at any time. You are expected to check these Terms of Use 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 of Use may also be superseded by provisions or notices published elsewhere on our Website.

Privacy Policy – Use of your information and your material

Your master data, including your email address and any material you upload and share with others, will not be transferred by us to others or used for purposes other than those stated in these terms and conditions.

By setting up your profile and uploading material, you accept that your information and material will be made available to garages and other users of the Service to whom you decide to grant access.

By uploading material, you accept that we, garages and the other users you grant access to the material are allowed to use the material as stated under Terms and conditions clause 5.

You can at any time choose to edit or delete your information and the material you have uploaded.

We use Amazon Web Services AWS servers and all of the information that we collect about you will be stored on these servers.

We may revise this Privacy Policy at any time. You are expected to check this Privacy Policy 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 this Privacy Policy may also be superseded by provisions or notices published elsewhere on our Website.