Terms of Service

1.1 Company: Eek Mechanical, including all subsidiaries, affiliates, and global operations.

1.2 Contractor/Supplier: Independent third-party entities providing Goods and/or Services on behalf of the Company.

1.3 Goods: Products, tools, parts, fuel, or materials provided to users via Contractors.

1.4 Services: Tasks, assistance, repairs, towing, or work performed by Contractors on behalf of the Company.

1.5 Agreement: This document, including associated schedules, amendments, and policies.

1.6 Applicable Laws: All relevant laws in New Zealand, including the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020.

1.7 Force Majeure: Events beyond reasonable control that prevent performance, such as natural disasters, weather events, traffic incidents, or strikes.

1.8 IP Rights: Intellectual property rights, including copyrights, patents, trademarks, and trade secrets.

1.9 Deposit: The initial payment required to secure a booking and dispatch services.

1.10 AI Communication System (SquEEK): Our automated AI-powered messaging system that facilitates communication between customers, suppliers, and Eek Mechanical.

2.1 Registration: Users must register for services through one of the following methods:

• Submitting the online "Book a Job" form via the Company's website
• Verbal agreement provided to a call taker or representative
• Engagement through authorized third-party agents (e.g., AA, insurance companies)
• Completing the booking process via our customer portal
• Any other method approved by Eek Mechanical

2.2 Agreement to Terms: By registering, making payment, or communicating with our AI system, you accept these Terms in full.

2.3 Required Information: Users must provide accurate and complete information during registration, including vehicle registration, contact details, location, and vehicle specifications.

2.4 Approval: The Company reserves the right to accept, refuse, or terminate any registration at its sole discretion.

3.1 Compliance: Users must comply with all applicable laws, including safety regulations and road laws.

3.2 Indemnity: Users indemnify and hold Eek Mechanical harmless from claims, damages, or liabilities arising from their use of Goods or Services.

3.3 Accuracy of Information: Users are responsible for ensuring the accuracy of all details provided during registration and service requests. Incorrect information may result in delays or additional charges.

3.4 Vehicle Access: Users must ensure the vehicle is accessible to the Contractor at the specified location and time.

3.5 Communication: Users must respond to communications from Eek Mechanical or our AI system (SquEEK) in a timely manner to facilitate service delivery.

4.1 Booking: Upon booking confirmation and deposit payment, your job is queued for dispatch to an available Contractor.

4.2 Dispatch: A qualified Contractor will be assigned to your job. Response times vary based on location, availability, weather, and traffic conditions.

4.3 Towing: If required, your vehicle will be towed to the Contractor's workshop for service. You will be notified when the vehicle arrives.

4.4 Investigation & Repair: The Contractor will investigate the issue and perform necessary repairs in accordance with manufacturer specifications where available.

4.5 Updates: You will receive updates throughout the process via SMS, email, or our AI communication system (SquEEK).

4.6 Completion: Once repairs are complete, you will be notified and provided with pickup/delivery arrangements.

4.7 Timeline: While we endeavour to complete services promptly, timelines depend on Contractor availability, parts availability, and job complexity. Jobs may roll over to subsequent days.

5.1 Consent: By using our services, you consent to receiving automated communications from our AI system, SquEEK, via SMS and email.

5.2 Purpose: SquEEK provides status updates, answers questions, relays information between parties, and facilitates smooth service delivery.

5.3 Human Escalation: Complex issues or complaints will be escalated to human staff for resolution.

5.4 Message Storage: All communications are stored for quality assurance, dispute resolution, and service improvement purposes.

5.5 Accuracy: While SquEEK strives for accuracy, AI-generated responses may occasionally contain errors. Critical decisions should be confirmed with human staff.

6.1 Deposit: A deposit is required to confirm your booking and initiate service dispatch. The deposit amount is determined at the time of booking.

6.2 Balance Due: The remaining balance is due upon completion of services, unless otherwise arranged.

6.3 Payment Methods: We accept credit card payments via Stripe. Bank transfers may be arranged for balance payments.

6.4 Final Payments: All payments are final. Refunds are not provided by default and are issued solely at the discretion of Eek Mechanical.

6.5 Additional Charges: Additional fees may apply for:

• Non-standard vehicle types or specifications
• Extended distance towing
• After-hours or weekend service
• Parts or materials required
• Unforeseen complications discovered during repair

6.6 Overdue Payments: Interest of 2% per month, compounded monthly, will apply to overdue accounts.

6.7 Account Credits: Account credits may be issued solely at the discretion of Eek Mechanical. Credits are non-transferable and valid only within the Road and Rescue network.

6.8 Currency and Exchange Rate: Eek Mechanical operates internationally and may process payments in multiple currencies including, but not limited to, New Zealand Dollars (NZD), United States Dollars (USD), Australian Dollars (AUD), and British Pounds (GBP). The following terms apply to all currency-related matters:

• Currency Determination: Eek Mechanical reserves the sole and absolute right to determine the currency in which any payment, refund, credit, adjustment, or compensation is made. This determination may be based on factors including the currency originally charged, the jurisdiction of service delivery, operational considerations, or any other factor deemed relevant by Eek Mechanical.
• Exchange Rate Application: Where currency conversion is required for any refund, credit, or adjustment, the exchange rate applied shall be determined at the sole discretion of Eek Mechanical. This may include, but is not limited to: (a) the exchange rate prevailing at the time of the original transaction; (b) the exchange rate prevailing at the time of refund processing; or (c) any mid-point or alternative rate deemed appropriate by Eek Mechanical.
• No Exchange Rate Benefit: Under no circumstances shall any customer be entitled to receive a refund, credit, or adjustment that exceeds the economic value originally paid, measured in the currency of the original transaction. Any claim for additional amounts based on favourable exchange rate movements subsequent to the original payment is expressly excluded.
• Unjust Enrichment: You acknowledge and agree that any attempt to claim a refund or adjustment that would result in you receiving more value than you originally paid constitutes unjust enrichment at the expense of Eek Mechanical. You waive any right to seek recovery of amounts that would result in such unjust enrichment, and you agree to indemnify Eek Mechanical against any costs incurred in defending against such claims.
• Incorrect Currency Charges: If a transaction is inadvertently processed in an incorrect currency, Eek Mechanical shall determine the appropriate remedy at its sole discretion. This remedy may include: (a) processing a refund in the originally charged currency and recharging in the correct currency; (b) applying an adjustment based on the exchange rate at the time of the original transaction; or (c) any other solution deemed equitable by Eek Mechanical. In all cases, the remedy shall ensure that neither party is unjustly enriched or unfairly prejudiced by the currency error, with Eek Mechanical's determination of fairness being final.
• Currency Risk: You accept all currency exchange risk associated with transactions. Eek Mechanical is not liable for any loss, cost, or expense arising from currency fluctuations between the time of payment and any subsequent refund, adjustment, or credit.

8.1 Possessory Lien: Eek Mechanical and its Contractors retain a possessory lien over any vehicle, trailer, or item left in care for repair, towing, inspection, or any other service. Possession may be retained until all outstanding charges are paid in full.

8.2 Abandonment: If the customer fails to collect the item within 21 calendar days of the initial notice, the property shall be deemed abandoned. A final written notice shall be issued allowing an additional 7-day period for settlement and retrieval.

8.3 Disposal Rights: If the customer does not respond to the final notice within the designated period, Eek Mechanical reserves the right to:

• Dispose of or sell the uncollected item via public or private sale
• Apply proceeds to cover all outstanding service fees, storage charges, and administrative costs
• Pursue the customer for any remaining balance after sale or disposal

8.4 Storage Fees: A storage fee of $45.00 NZD per day shall apply to any vehicle, trailer, or property that is not collected within 48 hours of notice being provided that the item is available for release or delivery.

8.5 Accrual: Storage fees accrue daily and continue until the item is collected or otherwise lawfully disposed of. The customer remains liable for all reasonable costs associated with storage, notice issuance, legal action, administration, and asset disposal.

9.1 Insurance Reports: Eek Mechanical can provide insurance reports for misfuel incidents to support your insurance claim. These are provided at your request.

9.2 Customer Responsibility: You are responsible for submitting claims to your insurer. Eek Mechanical does not guarantee insurance claim approval.

9.3 Payment Obligation: Your obligation to pay Eek Mechanical is independent of any insurance claim. Full payment is due regardless of insurance outcome.

9.4 Insurer Portal: Insurers may be provided access to a portal to review quotes and approve work. This does not transfer payment responsibility from the customer to the insurer unless explicitly confirmed in writing.

10.1 Contractor Warranties: All warranties, if any, are provided by Contractors. Eek Mechanical disclaims all warranties, express or implied, to the extent permitted by law.

10.2 Contractor Responsibility: Contractors are solely responsible for ensuring Goods and Services are free from defects and comply with applicable laws and manufacturer specifications.

10.3 Remedies: Any claims for repair, replacement, or refunds related to workmanship must be directed to the Contractor who performed the work.

10.4 Consumer Guarantees: Nothing in these Terms excludes or limits any rights you may have under the Consumer Guarantees Act 1993 that cannot be excluded by law.

11.1 Coordination Service: Eek Mechanical provides a coordination and dispatch service. The contractual relationship for physical services is between you and the Contractor.

11.2 Limitation: Eek Mechanical's liability is limited to the coordination service provided. Claims regarding physical services should be directed to the Contractor.

11.3 Maximum Liability: To the extent permitted by law, Eek Mechanical's maximum liability shall not exceed the amount paid by you for the specific service in question.

11.4 Consequential Damages: Eek Mechanical is not liable for any indirect, incidental, or consequential damages, including loss of use, loss of profits, or vehicle hire costs.

12.1 Data Collection: We collect personal information necessary to provide our services, including name, contact details, vehicle information, location data, and communication records.

12.2 Data Processing: User data is processed in compliance with the Privacy Act 2020 (New Zealand).

12.3 Sharing with Contractors: By using our services, you consent to the sharing of your data with Contractors for operational purposes.

12.4 AI Processing: Your communications may be processed by our AI system (SquEEK) to facilitate service delivery and improve our systems.

12.5 Breach Notification: You will be notified of data breaches in accordance with applicable laws.

12.6 Privacy Policy: For full details, please refer to our Privacy Policy.

13.1 Restriction: Users may not directly engage Contractors introduced through Eek Mechanical for similar services outside of Eek Mechanical agreements for a period of 12 months following your last service with us.

14.1 Disputes with Contractors: Disputes related to Goods or Services should first be addressed directly with the Contractor who performed the work.

14.2 Mediation: Before commencing legal proceedings, parties agree to attempt resolution through good faith negotiation and, if necessary, mediation.

14.3 Jurisdiction: Any disputes with Eek Mechanical shall be resolved in the courts of New Zealand.

14.4 Costs: Each party bears their own legal costs unless the court orders otherwise.

15.1 Termination by Company: Eek Mechanical reserves the right to refuse or terminate services without notice for any reason, including suspected fraud, abuse, or violation of these Terms.

15.2 Post-Termination: Users remain liable for outstanding payments, including interest, fees, and storage charges incurred prior to termination.

16.1 Jurisdiction: These Terms are governed by the laws of New Zealand.

16.2 Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

17.1 Right to Amend: The Company reserves the right to amend these Terms at any time. Updated Terms will be posted on our website.

17.2 Acceptance: Continued use of services after amendments constitutes acceptance of updated Terms.