Terms & Conditions
Last updated: 15/10/2021
1. Status of these Terms and Conditions
Welcome to the My Auto Shop website, www.myautoshop.co.nz (the “website”), brought to you by My Auto Shop Limited, with its registered office at:
26 Norwich Street, Eden Terrace, Auckland 1021, New Zealand; and
Company Number 7797177 (“My Auto Shop”) (“us”, “we” or “our”).
In this website’s terms & conditions (“Terms & Conditions”), “you” and “your” means you the person using or visiting the website.
Please be aware:
- that the Services (including repairs, parts supply, pre-purchase inspections, diagnostic assessments and any other) listed on the website are not completed by My Auto Shop, but by our Partner Garages;
- of the fact that, because our Partner Garages’, not My Auto Shop, provide the Services, we are not responsible for any issues with the carrying out of the Services (or any failure to carry them out) – see section 19;
- Quotes provided are an estimate for the cost of the provision of a Service (or combination of Services), reflecting the estimated cost for parts, labour and associated taxes and margins, and are indicative only. All Quotes are provided by Partner Garages, and not by My Auto Shop;
- the information available on the website or made available by My Auto Shop does not constitute technical or expert advice with respect to your motor vehicle;
- whenever you order Services via the website these terms, as they are in place at that time of the Booking, will be enforceable in relation to the contract between you and our Partner Garages. You can find the date on which these terms were last updated at the top of this page;
- that if you are under the age of 18, you are not approved to use the website. By using the website you confirm that you are at least 18 years old. Please note the website and the Services available via the website are intended for use in New Zealand only;
- that additional charges may be incurred by you in the circumstances specified in our Booking Policies, but that these additional charges will only be applied in the instances outlined in section 12 or by prior approval with you;
- of the way that we limit our liability to you under section 19.
2. Changes to these Terms and Conditions
We may vary these Terms & Conditions from time to time at our discretion. Adjustments to these Terms and Conditions will not be applicable to Bookings that were ordered, completed or paid for prior to the change.
If you would like to contact us or make a complaint about anything contained on the website, please do so using the following details:
- Address: 26 Norwich Street, Eden Terrace, Auckland 1021, New Zealand
- Email: [email protected]
- Company Number: 7797177
- Telephone number: (09) 887 8317
4. Website Access & Restrictions
Your access to, and use of the website and your purchase and use of the services via the website is subject to these Terms & Conditions. By using the website you represent that you have read, understood, and accepted these Terms & Conditions, and agree to be bound by them.
Subject to your continued compliance with these Terms & Conditions, we hereby grant to you a non-exclusive, non-transferable, non-sublicensable, revocable, perpetual licence to access and use the website for your own personal, non-commercial use. If you breach any provision of these Terms & Conditions, this licence will immediately terminate and you must immediately cease use of the website.
You are responsible for ensuring that no person accesses the website using your Device without your permission. We will be entitled to assume that anyone who accesses the website using your Device has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred.
Except as expressly set out in these Terms & Conditions or as permitted by any New Zealand law, You agree:
- not to copy the website except where such copying is incidental to normal use of the website, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the website; not to make alterations to, or modifications of, the whole or any part of the website, or permit the website 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 website’s source code.
5. Use of the Website
- not intentionally provide false personal information when ordering Services via the website;
- not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to your use of the website;
- not use the website in any unlawful or improper manner or in breach of any legislation or licence that applies to you;
- not infringe our Intellectual Property Rights (as defined in section 17 below) or those of any third party in relation to your use of the website; and
- not use the website in a way that could damage, disable overburden, impair or compromise our systems or security or interfere with other users.
6. My Auto Shop's Discretion
My Auto Shop:
- has the absolute discretion to refuse the provision of Services for any reason whatsoever;
- has the absolute discretion as to whether an order placed on its website is accepted and fulfilled. My Auto Shop may cancel an order for any reason whatsoever; and
- may, at its absolute discretion, suspend or terminate the ability of anyone to order through the website for any reason whatsoever.
7. Our Services
My Auto Shop is a booking & quoting platform that facilitates pairing customer’s requests for automotive services and repairs (Services) with professional mechanics and other automobile experts (Partner Garages). My Auto Shop:
- has a network of approved Partner Garages throughout New Zealand that meet the minimum membership operating standards as set out by the MTA (https://www.mta.org.nz/about-us/mta-standards/);
- facilitates the collection of quotes for services and booking requests from its users with third party Partner Garages registered with My Auto Shop;
- acts as an agent, taking prepayment on behalf of the Partner Garage that intends to complete the Services outlined in the Booking;
- is not a party to, or responsible for, any service or repair work provided by a Partner Garages to you;
- will not be a party to any disputes between Partner Garages and you;
- is not liable in any way for any service delivered or service failure by any Partner Garages for any reason.
For the avoidance of doubt, My Auto Shop is not:
- the seller, supplier and/or provider of the Services available on the website;
- representing skills or expertise in relation to servicing or repairing motor vehicles;
- entering into a contract with you when a booking is confirmed, except to transact payment on behalf of the selected Partner Garage; and
- responsible for completing the Services itself.
My Auto Shop is not, at any point, operating as a joint venture with any Partner Garage.
8. Booking Policy
You can make a request or order to purchase Services from our Partner Garages via the website by providing us with all of the necessary information that we need to confirm your order (your “Booking”). This information includes:
- your vehicle make, model, year, and engine size;
- your vehicle’s registration number;
- your locality (address for proximity purposes);
- your chosen Service option e.g. Comprehensive Service, Basic Service or WOF;
- your preferred provider for the Service by selecting from the available Partner Garages;
- your preferred day and time of arrival at the selected Partner Garage or for pickup/ drop off by My Auto Shop;
- accurate payment details.
Upon completion of a Booking, determined by the clearance of funds from your credit card provider or acceptance by Afterpay, My Auto Shop confirms the booking with the Partner Garage. Our Partner Garages are required to maintain accurate availability records on our platform, however, if an issue arises with your Booking, My Auto Shop may, at its discretion, work with the Partner Garage and with you to resolve it, or reschedule with another Partner garage if possible.
We will confirm your booking via a confirmation email.
A Booking on the My Auto Shop website represents a contract between you and Partner Garage to provide and to pay for the Services described in the booking.
Please note that not all Services are provided by every Partner Garage, and therefore some Services may not be available in all areas.
9. Changes to your booking / rescheduling
If you wish to make a change to your Booking please contact us or the garage directly depending on:
a) if the change is related to pick-up and drop off timing, please contact My Auto Shop. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of your Booking, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change, or the consequences of making the change is unacceptable to you, you may cancel the Booking, subject to sections 9a & 9b.
b) if the change is related to amending services provided or adding additional information, please contact the garage directly. There may be additional costs associated with additional work which you will be settled directly with the partner garage.
We may need to change your Booking:
- if the information you have provided us in the Booking is not correct or incomplete;
- if our Partner Garage is no longer available to fulfill your Booking;
- to reflect changes in relevant laws and regulatory requirements; and
- where further essential work to your car has been identified upon inspection or commencement of the Services,
but in any event we will notify you and obtain your approval before any changes (including the price) to your Booking are made. If you are unhappy with these changes, you may then contact us to end the Booking before the changes take effect and receive a refund for any Services not provided.
a) Cancelling your booking
If you would like to cancel your Booking, you can let us know by contacting our customer services team via email at [email protected], or by phone on (09) 887 8317.
You have the right to cancel a Booking without charge when giving a minimum of 24 hours' notice before the scheduled arrival time specified in the Booking details. When less than 24 hours’ notice is given, we reserve the right to charge a cancellation fee, as specified under section 11, at our sole discretion.
b) Forced cancellations
If our Partner Garages are unable to carry out any services for reasons beyond their control, then the Booking will be cancelled and My Auto Shop reserves the right to charge a cancelation fee, as specified under section 11. Possible reasons include, but are not limited to:
- your failure to meet your obligations under this Agreement;
- the requested services are not suitable for the vehicle;
- you have provided incorrect information that affects the labour or parts required;
- or the vehicle is not road-worthy or unsafe to drive.
My Auto Shop currently provides three options for payment.
1. Pay the workshop when you pick your car up and the service and/or repairs have been completed. Please note that paying in-store is not available if you have selected to have your car picked up/ dropped off by the garage or one of our drivers, or if you've selected to have your car towed; or
2. Via Afterpay, allowing you to pay now and make four, fortnightly interest-free payments. See clause 13 for details relating to the use of Afterpay; or
3. Pay securely upfront and online using your credit card.
a) Online payments
You can pay for your Booking by using credit cards, or any other methods as indicated on our website from time to time. Depending on your payment method, you may be directed to a payment gateway (e.g. Stripe or Afterpay), to review the total amount payable for your Booking before authorising the payment and placing your Booking.
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. You undertake to ensure you are aware of the terms and conditions outlined by any relevant credit provider. Disputes over payment terms, including interest rates or charges are between you and the credit provider.
By selecting an online payment option you authorise us to take payment (including GST and any other applicable taxes) for the chosen Services at the time you complete a Booking on the website.
By requesting a Booking you undertake that you will, subject to the subsequent acceptance of the request by My Auto Shop, undertake to:
- make the necessary information available that may facilitate My Auto Shop to complete the agreed services; and
- respond to communications in a timely manner.
Where you have selected pickup and/ or drop-off by My Auto Shop, you will:
- ensure that the specified vehicle is at or near (within 200m) the address specified in the Booking details, at the agreed time, and that you are available to meet the Driver to hand over the key to the vehicle; and
- provide My Auto Shop with access to the vehicle for as long as is necessary to perform the Service.
Where you have selected ‘Tow’, be aware that:
- the towing service is facilitated by Super City Towing in Auckland, not My Auto Shop;
- You agree to the following Towing Terms and Conditions:
- Pick up booking times are subject to availability and tow requirements. A Customer Service representative will be in touch to discuss specific details and confirm your tow;
- Tow charge is fixed for any trip with an overall distance from nearest depot to drop off of less than 20km. Trips exceeding 20kms will incur additional fees, charged at $2.50 + GST per km. This includes motorbikes 250cc or less;
- Additional on road costs (e.g Toll fees) will be on-charged to you;
- Where fuel drop is required, an additional $15 + GST for a maximum of 5 litres petrol only, is charged;
- Vehicles above 3.45 tonne are excluded from our services unless arranged otherwise.
If we are unable to accept your Booking for any reason, we will let you know by email and your payment will be refunded within 48 hours. My Auto Shop reserves the right to reject Bookings at our sole discretion.
Recoverable Collection Costs (RCC) - If you default on any payment, you are liable to pay any costs associated with collecting payment.
11. Pricing Information
All Services that are displayed on the website are priced in New Zealand Dollars ($), inclusive of GST, unless expressly stated otherwise, but are subject to availability.
Individual Service pricing on the website is provided by our Partner Garages.
We do our best to make sure that Services and pricing information are current and complete but won’t be liable for inaccurate or out-of-date information. It’s possible that, despite our best efforts Partner Garages may get Services prices wrong from time to time; if they do, we will contact you for your instructions before we accept your Booking. Where payment has been processed we will immediately process a refund for the amount charged.
Partner Garages may update their Services prices and charges from time to time but these changes won’t affect any existing Bookings. Where fixed quotations are provided via email these remain valid for 30 days from the date of issue, unless they include a specific promotional offer that has an earlier expiry date.
Quotes are an estimate for the cost of the provision of a Service (or combination of Services), reflecting the estimated cost for parts, labour, and associated taxes and margins, and are indicative only. All Quotes are provided by Partner Garages, and not by My Auto Shop.
In circumstances where bookings include up-front pricing for Services, and Services requiring a quote from the Partner Garage onsite, My Auto Shop will identify which Services are included in the price shown online. You acknowledge that Services to be quoted/ priced onsite will incur additional cost. The Partner Garage will not complete any additional work without your prior approval.
An example of the notice provided by My Auto Shop online:
a) Late cancellation charges.
>18 hours before drop off time: You have the right to reschedule or cancel a booking with no fees to be charged.
<18 hours before drop off time: My Auto Shop reserves the right to charge a $50 fee for any booking cancelled within 18 hours before the drop off time scheduled.
b) Late cancellation charges relating to Pick Up (PU) & Drop Off (DO) & Tow only
My Auto Shop endeavours to facilitate changes in circumstances resulting in the need to cancel a Booking, however, in some circumstances charges may be incurred. These charges are based on the time prior to the Pick Up of your vehicle. Below are the charges for late cancellations or rescheduling where a customer has chosen My Auto Shops PU & DO service:
- <24 hours before pickup – Up to $50.00 for cancelling/ rescheduling with less than 24 hours notice before the earliest scheduled arrival time specified in the Booking details;
- <45 minutes before pickup – Up to $75.00 for cancelling/ rescheduling after a Driver has started travelling to the location specified in the Booking details, or within 45 minutes of the scheduled pick up time.
c) Cancellation once work has begun or pickup is completed (all Bookings)
If a Booking is cancelled after a Partner Garage has begun working on your vehicle, you will be charged for any labour incurred up until that point in time, as well as the cost (at retail price) of any parts that have already been fitted. In this instance, My Auto Shop will validate that the work completed to date is aligned to the Services as detailed on the website.
At your discretion we will arrange for your vehicle to be restored to its original state, however, you will be charged the labour cost incurred to complete this in addition to the costs incurred to date.
d) Vehicle condition and impact on Service pricing
You accept that any prices given by our Partner Garages, and presented on the website, are based on a vehicle in good condition and under normal circumstances and that you may be charged for extra costs arising from any unexpected circumstances or the condition of the vehicle.
e) Booking with an AA Auto Centre (No longer available after 14/10/2021)
By booking an AA product through My Auto Shop, you are bound to the terms and conditions of the equivalent product from The NZ Automobile Association. Any extra costs you may incur are yours to pay, which may include, but are not limited to, charges for extra oil needed above the allowed amount and higher costs of a filter. The equivalent services are as follows:
- By booking a My Auto Shop Basic Service, you are receiving an AA Silver Service;
- By booking a My Auto Shop Comprehensive Service, you are receiving an AA Platinum Service;
- By booking a My Auto Shop Warrant of Fitness, you are receiving an AA Warrant of Fitness Inspection.
12. Additional Work
In the course of fulfilling the Booking or at your request either through the booking process or otherwise, our Partner Garage may suggest additional diagnostics, repairs or maintenance be carried out, and may provide an estimate or quote for the additional cost of carrying out all or part of these additional services. This constitutes a separate transaction between you and the Partner Garage, and the payment for additional Services will not be taken by My Auto Shop.
My Auto Shop’s workmanship and parts guarantee does not cover any additional Services or work not booked via the My Auto Shop website.
Afterpay is available to make Bookings via the My Auto Shop website. To use this service simply complete your Booking and at checkout select Afterpay as your payment option. You will be transferred to the Afterpay site to complete the transaction. Once this is done, you will automatically be redirected to the My Auto Shop site. You can use Afterpay for orders up to $2,000 NZD or whichever limit has been determined by Afterpay for your specific account. Your payment schedule will be emailed to you by Afterpay.
The funds for the first payment will need to be available at the time of checkout. If you are a new Afterpay customer, the first payment will be made at the time of purchase, with payments over the next 6 weeks. Once you have been an Afterpay customer for at least 6 weeks for all orders under $500, your first payment is made in 14 days, with final payment in 8 weeks.
If you fail to make payment, you will be charged a late payment fee of $10 with a further $7 fee added 7 days later if the payment is still unpaid.
The latest Afterpay terms and conditions supersede the terms outlined in section 13 of the My Auto Shops terms and conditions. My Auto Shop endeavour to keep these up to date, however, where discrepancies exist the Afterpay T&Cs are to be used.
14. Provision of Pick Up (PU) and Drop Off (DO) Services
My Auto Shop will try wherever possible to collect and drop off your car at the time and address as specified in the Booking confirmation, unless otherwise agreed with you in writing (“Pick Up Point” & “Drop Off Point”).
We will remind you of the appointment times by sending you a text message to your registered device 2 hours before we pick up and drop off your car.
If you are not at the Pick Up Point, and if we are unable to contact you after repeated attempts we will cancel your Booking. If you are not at the Drop Off Point and if we are unable to contact you after repeated attempts, we may have to arrange storage of your car at a local garage or other storage facilities. If this happens, we will let you know and charge you for the associated storage costs and the delivery costs incurred with re-delivering your car to you.
Upon collection and delivery of your car, you will be asked to sign a declaration of receipt (completed digitally) from one of our appointed Drivers, and you may also be asked to provide identification documents (photo driving licence or passport). You are required to produce the car in a safe, roadworthy, and road legal condition (including being currently registered and under an active Warrant of Fitness (WOF)) at the time of Pick Up. Where appropriate identification cannot be produced or where the vehicle is deemed by the Driver as not meeting minimum safety requirements, My Auto Shop reserves the right to cancel your booking.
We can’t be responsible for delays outside of our control but if we let you know that there’s a substantial risk of delays to the scheduled return of your vehicle. If you can’t wait for your Services, you can contact us to cancel your Booking and ask for a refund of any Services not performed or provided.
15. Problems with the Services - Consumers Guarantees Act
We are under a legal duty to supply you with Services that conform with our Booking Policy and which are carried out with reasonable care and skill, and the parts we use to fulfill those Services must be as described, fit for purpose, and of satisfactory quality. Your right to cancel set out in section 9 does not affect your legal rights as a consumer in relation to our Services. For more information please see https://www.consumerprotection.govt.nz.
If you have any questions or complaints about the Services that you’ve received, or if the items are faulty or the Services provided are not what you ordered, please contact us immediately using the details set out in section 3 with your details and a description of the problem.
Without affecting your general rights as a consumer, if the Services were provided in accordance with the Booking Policy and with reasonable skill and care, and the parts fitted were correct, not faulty or defective then we will generally be unable to provide any refund for Services provided or an exchange on parts fitted to your car.
We may need to cancel your Booking in the event that you do not provide us with accurate or complete information, including your personal information, details about your car or other Booking information, or if you otherwise fail to adhere to these Terms & Conditions. We will first contact you to try and obtain or correct the information in question or resolve the problem, however, if we are unable to contact you after a number of attempts or otherwise unable to resolve the problem, we may cancel your Booking and make a refund to you for any Services not provided.
a) Dispute resolution
If you have any concerns regarding the website content (rather than any Services, Partner Garage or Driver), or would like to raise a legal complaint or objection to material or content provided by means of our website, including if you believe that material or content on our website is defamatory or infringes your intellectual property rights (including copyright or trademark rights), please contact us immediately with a statement by email to [email protected]
In the unlikely event that legal action becomes necessary either by us or by you, these terms shall be governed by and construed in accordance with the laws of New Zealand and subject to the jurisdiction of the New Zealand courts.
16. 3rd Party Websites
Any links to third-party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by My Auto Shop. My Auto Shop does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this section "3rd Party Websites" is any website other than the Website.
17. Intellectual Property
All rights, titles and interest in all Intellectual Property in all concepts, systems, written, graphic and other material relating to the website and its contents is owned by, and shall at all times remain the exclusive property of, My Auto Shop, its licensors and the providers of any other products or services accessible through the website, and is protected by New Zealand and international law.
18. Warranties & Disclaimers
a) Website accuracy and availability
We will exercise all reasonable skill and care in providing the website and the Services to you. However, We are not able to guarantee the availability of the website or the accuracy, completeness, currency or reliability of any features, content, materials or information on the website that derives from third parties (including any of our licensors or third party partners). Except as expressly provided in these Terms & Conditions the website and all features, content, materials and information provided through it are provided on an "as is" basis without guarantee of any kind and any conditions, statements and warranties (including any warranty of reliability, completeness, accuracy or non-infringement) are excluded to the fullest amount permissible by law.
b) Workmanship & parts
We will use reasonable endeavours to check that our Services are suitable for your Booking, however we cannot guarantee that our Services will always meet your requirements. Therefore we advise you to check any features, content, materials and/or information provided to you through the website as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
My Auto Shop requires our Partner Garages to maintain a workmanship and parts guarantee. This is intended to ensure that for 6 months or 10,000km following the completion of the Service, faults caused through faulty workmanship or part failure are repaired or replaced at our Partner Garages expense. My Auto Shop underwrites this guarantee to ensure timely resolution of these claims.
c) Pre purchase Inspection Disclaimer
Pre purchase inspections booked via the My Auto Shop website, and completed by our Garage Partners, represent a brief visual overview of the vehicle, and:
- only take into account the visible condition and the operation of the vehicle at the time of the inspection;
- will not identify intermittent faults, faults that occur at high speeds, or faults that have been hidden for any reason;
- cover the vehicle’s engine bay (but not the detailed operation of the engine or transmission through the full operating temperature range), wheels & tyres, brakes, exterior and interior, underbody, and a road test (if possible) as outlined on the website. It does not include internal inspection of parts;
- includes only the steps outlined on the Pre-Purchase Inspection checklist;
- represents the professional opinion of the inspector representing the Partner Garage;
- does not represent a certificate of roadworthiness, nor a Warrant of Fitness;
- is not a substitute for a vehicle history check;
- does not represent a recommendation by My Auto Shop to purchase the vehicle.
My Auto Shop, or our Partner Garages, provide no guarantee that a pre-purchase inspection will identify every fault or defect with the vehicle, and will not be held liable for any subsequent issues with the vehicle that may arise post purchase.
19. Limitation of liability
Nothing in these Terms & Conditions limits or excludes our liability for anything that cannot be excluded by applicable law.
HOWEVER, YOU ACKNOWLEDGE THAT WE ARE NOT THE PROVIDER OF THE SERVICES, AND AS SUCH OUR LIABILITY IS LIMITED TO THE VALUE OF THE BOOKING.
We are not responsible for:
- any losses (direct, indirect or consequential) caused by downtime or technical faults of the website;
- any losses in relation to the completion or non-completion of any Services by Partner Garages;
- any liability, costs or damages suffered or incurred by you resulting from any communication directly between you and the Partner Garage;
- misleading or deceptive conduct of a Partner Garage or driver in its dealings with you;
- the failure of a Supplier to comply with any law, including the New Zealand Consumer Guarantees Act, product safety laws and workplace health and safety laws;
- any losses, that arise from circumstances beyond our control, resulting in a breach of our obligations as set out in these Terms and Conditions;
- any losses or harm not caused by our negligence or material breach of these Terms & Conditions;
- losses or harm which cannot be deemed reasonably foreseeable by you and us when agreeing to these terms, or losses that occur as a side effect of foreseeable losses.
a) Our responsibility for loss or damage suffered by You if You are a consumer
We only supply the website for your own individual domestic and private use. You agree not to use the website in the course of any business, or for any commercial, business, or resale purpose. We therefore have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
b) Our responsibility for loss or damage suffered by You if You are a business
Subject to section 19 above:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings, loss of revenue, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to 100% of the total paid by You to us in the 12 months preceding the event giving rise to liability.
We may remove the website or cease providing any of the features, content, materials, information or services provided via the website at any time in our absolute discretion for any reason whatsoever.
Termination of the website will not affect an existing Booking or any accrued rights and liabilities of either you or us as at the time of such removal or uninstallation.
21. Data Protection & Privacy
22. Assignment & 3rd Party Rights
Subject to section 19, no one other than a party to these Terms & Conditions shall have any right to enforce any of its terms.
You agree that we may transfer all (or a part) of our rights or responsibilities within these Terms and Conditions to another party, as long as doing so doesn’t disadvantage you. You agree we are entitled to do so without initially obtaining your consent. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
These terms set out the entire agreement between you and us concerning the website and they replace all earlier agreements and understandings between you and us.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by the applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
- Booking - means a contract for the provision of Services entered into between you and the My Auto Shop by means of the website;
- Booking Policy - means the policies set out in these Terms & Conditions, which contain terms applicable to all Bookings including as to minimum labour charges, cancellations, cancellation charges, collection/towing fees, and other extra charges;
- Device - means the device (computer, phone, tablet or similar), by which you access the website;
- Diagnostic Inspection - means the process by which our Partner Garage assesses the current health of your vehicle, and determines what Services are required;
- Drivers - means independent contractors engaged by My Auto Shop to complete Pick Up and Drop Off services;
- Drop Off Point - means the location or address, provided by you during the Booking process, where we return your vehicle;
- Intellectual Property - means patents, registered and unregistered trademarks and service marks, domain names, registered designs and design rights, copyright (including such rights in computer software and databases), database rights and moral rights (in each case for the full period thereof and extensions, revivals and renewals thereof), applications for the foregoing and the right to apply for any of the foregoing anywhere in the world, and all similar rights anywhere in the world including those subsisting in inventions, designs, drawings and computer programs.
- Minimum Labour Charge - means the minimum amount of labour cost associated with the provision of any Service;
- Misdiagnosis - means a misalignment between the Services ordered via the website, and the recommended Service as diagnosed by a Partner Garage and My Auto Shop;
- Partner Garages - means a provider of Services, independent of My Auto Shop Ltd, which promotes its Services by means of the website or platform;
- Pick Up Point - means the location or address, provided by you during the Booking process, where we collect your vehicle;
- Quote(s) - an estimate for the cost of the provision of a Service (or combination of Services), reflecting the estimated cost for parts, labour and associated taxes and margins;
- Service(s) - means any repair (including parts), maintenance, diagnostic and inspection services provided by a Mechanic under a Booking.
Last updated: 07/06/2020
Welcome to the My Auto Shop website, www.myautoshop.co.nz (the “website”), brought to you by My Auto Shop NZ Limited, with its registered office at:
26 Norwich Street, Eden Terrace, Auckland 1021, New Zealand; and
Company Number 7797177 (“My Auto Shop”) (“us”, “we” or “our”).
My Auto Shop requires that you are at least 18 years of age to book or facilitate Services via our website, and that at all times adhere to the requirements set out in the My Auto Shop Terms & Conditions or applicable agreement.
1. Collection of Information
The website contains applications which collect personal information about you. This may include your IP address, geographical location, device information, browser type, referral source, length of visit (including date and time), operating system, number of page views, which Services you have viewed or searched for, what quotes you have requested, purchases you have made, any reviews you may have left, and similar information. This information may be collected by a third-party website analytics service provider on our behalf and/or may be collected using cookies.
My Auto Shop will only use this information to the extent authorised by you, and will only disclose it in the manner set out below.
In using the Website, you authorise My Auto Shop to collect, retain and use your personal information for the purposes of:
- processing, confirming and managing your Booking;
- assessing your credit-worthiness;
- undertaking any dealings or transactions with you;
- enforcing any legal or other rights My Auto Shop may have against you in any manner that My Auto Shop sees fit;
- sending you any advertising or promotional material;
- sending you automated sms marketing materials (e.g new quotes). Reply STOP to cancel, carrier charges may apply.
- enhancing the website so that My Auto Shop may offer you a better, more personalised and tailored service; and
- instructing our Drivers and/ or Partner Garages.
2. Collection from other sources
In using the website you further authorise My Auto Shop to collect personal information about you from any other source available to My Auto Shop including but not limited to credit referral agencies, your bank, any other suppliers of products and services to you and other persons or companies with whom you have been associated.
3. My Auto Shops' right to refuse application
If, during the Booking process, insufficient personal information is supplied, or is not deemed satisfactory to My Auto Shop, then My Auto Shop reserves the right to refuse to accept your Booking, and may refuse future access to the website or Services.
The website may use 'cookies'. Cookies are an element of data that websites can send to your browser, which may then store it on your system. To use the website, you do not necessarily need to enable your browser to accept cookies, although some information/ Services may not be available if you disable your browser not to accept cookies.
The website may from time to time use, Google Display Advertising services. In this context, My Auto Shop may from time to time use Google Analytics cookies for AdWords Remarketing – displaying My Auto Shop advertisements on the Google Display Network based on visitors’ interactions with the My Auto Shop website. No personally identifiable data is collected for this advertising. You can opt out of Google Analytics for Display Advertising and customise Google Display Network ads using Google’s Ads Preferences Manager. You can also opt out of visit information being collected by Google Analytics on all websites by using the Google Analytics Opt-Out Browser Add-On.
5. Information retained by My Auto Shop
Any personal information supplied by you may be retained by My Auto Shop until such time as you request that the information be removed.
You agree that we can share your personal information with:
- any other selected third parties that we work with where necessary for the purposes of delivering you with the Services that you have purchased or any other services that you request from us. We might also engage other third-party subcontractors or service providers to help us host our website or manage our services for example;
- any other selected third party that you consent to our sharing your information with for marketing purposes;
- any prospective seller or buyer of our business or assets, in the event that we decide to sell or buy any business or assets;
- any other third parties where necessary to enable us to enforce our legal rights, or to protect the rights, property or safety of our employees or where such disclosure may be permitted or required by law.
My Auto Shop may also disclose aggregated user statistics to any party, provided that these statistics do not contain any information about an identifiable individual and their unique shopping habits.
6. Storage of personal information
My Auto Shop has taken many steps, from both technical and systems perspectives, to ensure that your information is well protected. However, it is important that you remember to never share your personal information, including credit card details, with any other person.
While My Auto Shop endeavours to keep your personal information collected on the website secure and confidential, My Auto Shop shall not be responsible for any breach of security caused by third parties, nor represents that the website is completely secure.
7. Your right of access
You have the right under the Privacy Act 2020 to access and request to update and/or correct your personal information held by My Auto Shop. If you do so, you agree to pay My Auto Shop the reasonable charges requested by My Auto Shop in relation to time and attendances involved in complying with your request in this regard.
Access to your personal information held by My Auto Shop is available to you upon request in writing to [email protected], or via the post at the address at the top of this policy.
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