Terms of Service

1.1 Company: Forman Pacific, LLC ("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 Agents: Our automated AI-powered systems that facilitate communication between customers, suppliers, and Eek Mechanical, including but not limited to SquEEK (text/portal), Laura (voice calls), Whitey (voice calls), and any other AI agents deployed by EEK from time to time.

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 agents (SquEEK, Laura, Whitey, or any other) in a timely manner to facilitate service delivery. Users must engage constructively and in good faith with all AI agents.

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

4.2 Dispatch: Eek Mechanical uses an internal quality-based allocation system to match your job with a suitable Contractor. Selection takes into account factors such as proximity, availability, capability, and service history. Response times vary based on location, 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, phone call, or our AI agents (SquEEK, Laura, Whitey, or any other).

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.

4.8 Temporary Second-Hand Parts (Fuel Pumps): Where a new fuel pump cannot be secured in a timely manner, Eek Mechanical may, at its discretion, install a second-hand fuel pump as a temporary measure to restore your vehicle to operational condition while the new part is sourced and ordered. Once the new pump is available, the second-hand unit will be swapped out and returned. The second-hand pump will be charged at the applicable published rate (see eek.nz/rate-card) and will be refunded upon its return, less a 10% restocking fee. You acknowledge that the temporary use of a second-hand part may affect your insurance claim payout or the insurer's assessment of the repair. You are responsible for notifying your insurer of this arrangement. Eek Mechanical accepts no liability for any reduction in or refusal of an insurance payout arising from the temporary installation of a second-hand part.

5.1 AI-First Platform: EEK is a fully automated, AI-first platform. All customer, supplier, and insurer communications — including phone calls, SMS, portal messages, email, and WhatsApp — are handled by AI systems. There are no human customer service agents. EEK operates multiple AI agents including: SquEEK (text-based communications via SMS, email, WhatsApp, and portal), Laura (AI voice calls for job coordination and payment), and Whitey (AI voice calls for sales and bookings). EEK may introduce additional AI agents from time to time. All AI agents are authorised to communicate on behalf of EEK. By engaging with our services you acknowledge and accept that your primary point of contact is an AI system.

5.2 Consent: By using our services, you consent to receiving automated communications from our AI agents via SMS, email, WhatsApp, phone call, and portal messaging. For full details on SMS messaging, including message frequency, data rates, and how to opt out (text STOP) or get help (text HELP), see Section 13 of our Privacy Policy.

5.3 Good Faith Engagement: You agree to engage constructively and in good faith with all of EEK's AI agents. You must not refuse to communicate with EEK solely on the basis that the communication is conducted by an AI agent rather than a human. AI agents are an integral part of EEK's service delivery and refusing to engage may delay your service.

5.4 Prohibited Conduct: You must not, whether directly or indirectly:

• Deliberately mislead, manipulate, or provoke any AI agent into generating false, inaccurate, or misleading statements
• Deliberately attempt to elicit statements from any AI agent for the purpose of using such statements as evidence against EEK in any dispute, complaint, legal proceeding, review, or social media post
• Engage in bad faith questioning, hypothetical scenarios, or leading dialogue designed to entrap an AI agent into making statements that do not reflect EEK's actual position or policies
• Direct abusive, threatening, discriminatory, or disparaging language at any AI agent
• Attempt to reverse-engineer, exploit, or interfere with the operation of any AI agent
• Misrepresent your identity or job details to any AI agent

5.5 Spam & Excessive Messaging: Where you send excessive, repetitive, or unreasonably frequent messages to any AI agent, EEK reserves the right to reduce the frequency of AI responses to essential notifications and updates only. AI agents will continue to provide job updates and critical notifications regardless of any communication restriction.

5.6 AI Statements — No Binding Commitments: Statements made by AI agents are provided for informational and coordination purposes only and do not constitute: (a) binding commitments or representations by EEK; (b) admissions of liability, fault, or responsibility; (c) variations to these Terms or any contract; (d) legal, financial, or insurance advice; (e) guarantees of outcomes, timelines, or service levels; (f) representations about your specific insurance policy, including whether your insurer will accept a claim, any excess payable, or any reimbursement timeline. In particular, any general information provided by an AI agent about how insurance commonly applies to misfuel or roadside incidents is provided based on typical industry experience only — it is not advice about your specific policy and you must verify coverage directly with your insurer. Any variation to these Terms or any binding commitment must be confirmed in writing by EEK through an official written channel. AI agents operate autonomously and may occasionally produce errors or responses that do not reflect the Company's position; such errors or statements do not create binding obligations on EEK and may not be relied upon in any claim, dispute, or proceeding against EEK.

5.7 Escalation & Review: EEK is an AI-first platform. All customer, supplier, and insurer communications are handled by AI systems. Complex issues, complaints, or disputes are escalated through AI-managed workflows and reviewed by the platform operator. You may request a review of any AI-generated communication or decision by submitting a written request through your portal or via our contact form, and we will respond within a reasonable timeframe.

5.8 Recording & Storage: All AI agent interactions — including text messages, portal messages, and voice calls — are recorded, transcribed, and stored. These records may be used for quality assurance, dispute resolution, enforcement of these Terms, and legal proceedings.

5.9 Consequences of Breach: Breach of this Section 5 — including AI manipulation, evidence fabrication, abuse, or spam — constitutes a material breach of these Terms and may result in suspension or termination of your account, refusal of service, and any other remedies available to EEK at law or in equity.

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 Pricing: Service charges are based on a combination of factors including towing distance, labour time, fuel disposal volume, replacement fuel, and parts required. Rates may vary depending on vehicle type, location, time of service (standard hours, after-hours, or public holidays), and job complexity. An indicative rate card is available online. All rates are subject to change without notice and final pricing may differ from indicative rates.

6.6 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

6.7 Estimates & Verbal Quotations: Any pricing, estimate, or quotation provided verbally — whether by phone, in person, or via any AI agent (SquEEK, Laura, Whitey, or any other) — is indicative only and not binding. Verbal estimates are provided in good faith based on the information available at the time but do not account for unforeseen complications, additional parts, after-hours work, or other variables that may affect the final invoice. The final invoiced amount shall prevail over any verbal estimate or quotation. By making payment, you confirm that you accept the invoiced amount and acknowledge that these written Terms supersede all prior verbal representations, discussions, or undertakings regarding pricing.

6.8 Overdue Payments: Interest of 2% per month, compounded monthly, will apply to overdue accounts. The customer is also liable for all costs of recovery, including (without limitation) debt collection agency fees, legal fees on a solicitor-client (indemnity) basis, court and enforcement fees, PPSR registration and search fees, and reasonable internal administration costs. These costs accrue immediately and form part of the secured debt under clause 8.

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

6.10 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.
• 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.
• 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. Any claim for additional amounts based on favourable exchange rate movements 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. You waive any right to seek recovery of amounts resulting in such unjust enrichment.
• Incorrect Currency Charges: If a transaction is inadvertently processed in an incorrect currency, Eek Mechanical shall determine the appropriate remedy at its sole discretion, ensuring that neither party is unjustly enriched or unfairly prejudiced.
• 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.

6.11 Invoice Corrections: All invoices issued by Eek Mechanical are subject to correction. Interim invoices, estimates, and amounts communicated during the course of a job (whether by AI agents or automated systems) are indicative only and do not represent final charges. The final invoice amount is determined after all work is completed and verified. Eek Mechanical reserves the right to adjust, correct, or reissue any invoice to reflect the actual scope of work performed, materials used, and applicable rates.

6.12 Billing Disputes: Any dispute regarding an invoice must be raised in writing within five (5) business days of the invoice being issued or the payment being processed, whichever is earlier. Disputes raised after this period will not be considered. To raise a billing dispute, click here to open the disputes portal — if you have visited your customer portal on this device, your booking will be pre-loaded automatically. The existence of a billing dispute does not suspend or defer the obligation to pay undisputed amounts.

6.13 NZIFDA Filing Fee: Every misfuel job is registered on the NZIFDA National Misfuel Register and a Certificate of Compliance is issued. A mandatory NZIFDA Filing Fee applies to every job and is shown as the first billable line on every invoice. The current rate is published on the EEK rate card. See nzifda.org/for-consumers for the legal basis of this fee.

6.14 Card Processing & Finance Charges: Where you elect to pay by credit or debit card, the Stripe card processing fee (currently 2.9%) and the additional cost of immediate (instant) payout (currently 1.0%), together with any per-transaction fee (currently $0.30), are passed through at cost as a separate Finance Charge line on your invoice. Finance Charges accumulate as further card payments are made. By choosing card payment you authorise Eek Mechanical to add the corresponding Finance Charge to your invoice and to charge it as part of that payment. Bank transfer (account 06-0313-0860749-00, name "EEK Mechanical") attracts no Finance Charge.

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, pursuant to Part 6 of the Contract and Commercial Law Act 2017. Possession may be retained until all outstanding charges (including services, parts, NZIFDA filing fee, finance charges, storage, interest, enforcement and recovery costs) 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, finance charges, interest, enforcement costs, and administrative costs
• Pursue the customer for any remaining balance after sale or disposal
• Exercise any and all remedies available under the Personal Property Securities Act 1999, including but not limited to enforcement, sale, and accounting

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.

8.6 PPSA Security Interest: You grant Eek Mechanical a purchase money security interest (PMSI) and a general security interest over the vehicle, trailer, parts supplied, and any proceeds, accessories, replacements, and attachments thereof, under the Personal Property Securities Act 1999 (PPSA). This security interest secures payment of all amounts owed by you to Eek Mechanical (including services, parts, NZIFDA filing fee, finance charges, storage, interest, enforcement costs, and any other charges arising under these Terms). The security interest takes effect immediately upon Eek Mechanical taking possession of, or supplying parts in respect of, the vehicle.

8.7 PPSR Registration: Eek Mechanical may register the security interest granted in clause 8.6 on the Personal Property Securities Register (PPSR) at any time. You consent to that registration and waive any right to receive a verification statement under section 148 of the PPSA. Any party dealing with the vehicle does so subject to that registered interest until the debt is discharged in full.

8.8 Contracting Out of PPSA Provisions: To the maximum extent permitted by section 107(2) of the PPSA, you and Eek Mechanical contract out of sections 114(1)(a), 116, 120(2), 121, 125, 129, 131, 132, 133, and 134 of the PPSA. You waive your right under section 148 to receive a copy of any verification statement.

8.9 Effect of Third-Party Payment on Lien and Security Interest: Payment by any third party (including, without limitation, your insurer, broker, employer, or any other person paying on your behalf) directly to a Contractor, technician, or any party other than Eek Mechanical does not discharge your debt to Eek Mechanical, does not extinguish Eek Mechanical's possessory lien, and does not extinguish Eek Mechanical's PPSA security interest. The vehicle will not be released free of encumbrance until Eek Mechanical itself receives payment in full.

8.10 Enforcement and Recovery Costs: You are liable for, and indemnify Eek Mechanical against, all costs, expenses, fees and disbursements reasonably incurred by Eek Mechanical in registering, maintaining, varying, discharging, or enforcing the security interest, the lien, or any related rights, including (without limitation) PPSR registration and search fees, debt collection agency fees, court filing fees, sheriff and bailiff fees, towing, storage, locksmith, and legal fees on a solicitor-client basis. These costs accrue immediately and form part of the secured obligation.

9.1 Appointment as Principal Repairer: By engaging EEK Mechanical, you appoint Forman Pacific, LLC ("EEK Mechanical") as your sole Principal Repairer and Authorised Repairer for all purposes connected with the incident, including for the purposes of any insurance claim. This appointment is made by you independently of your insurer and is binding on your insurer under your policy and applicable New Zealand law. EEK Mechanical operates as principal — not as a subcontractor to, or panel repairer for, any insurer.

9.2 Irrevocability Once Work Commences: Once Eek Mechanical has commenced any work on your vehicle — including collection, towing, assessment, or any remediation — your appointment of Eek Mechanical as Principal Repairer is irrevocable. You must not, at the direction of your insurer or any third party, redirect your vehicle or the repair to another repairer. Any such redirection after commencement of work constitutes a breach of your agreement with Eek Mechanical and you remain liable for all costs incurred.

9.3 Anti-Steering: Your insurer may attempt to redirect you to one of their preferred panel repairers. You are not obligated to comply. If your insurer attempts to pressure you into using a different repairer after Eek Mechanical has been engaged, you should inform them that: (a) Eek Mechanical has already been appointed as your Principal Repairer; (b) work has already commenced; (c) Eek Mechanical has a possessory lien over the vehicle until payment is received; and (d) redirecting the repair without Eek Mechanical's written consent is not possible. Eek Mechanical is not a member of any insurer panel and is not subject to any insurer panel terms or pricing.

9.4 Authority to Communicate with Insurer: You authorise Eek Mechanical to communicate directly with your insurer on your behalf for the purpose of: providing insurance reports; presenting invoices and supporting documentation; coordinating claim approval; and recovering amounts owed. This authority does not extend to settling or compromising any claim on your behalf without your consent.

9.5 Payment Scenarios: Two payment models apply depending on the arrangement in place:

• Customer-Pay Model (standard): In most cases, you pay Eek Mechanical in full before or upon completion of services. You then claim reimbursement from your insurer independently. Eek Mechanical will provide you with an insurance report and certificate to support that claim. Your insurer reimburses you — not Eek Mechanical. Eek Mechanical accepts no responsibility for the outcome of your claim or for any shortfall between what your insurer reimburses and what you paid Eek Mechanical.
• Insurer-Pay Model (where agreed): In some cases — where Eek Mechanical has agreed in writing to accept direct payment from your insurer — your insurer will be invoiced directly by Eek Mechanical. In this scenario, you remain the primary debtor and the obligation to pay Eek Mechanical is at all times yours, not the insurer's. If your insurer fails to pay within 30 days of invoice, fails to pay in full, declines the claim in whole or part, or makes payment to any party other than Eek Mechanical, the full outstanding amount (including any shortfall, finance charges, storage, interest, and recovery costs) becomes immediately due and payable by you to Eek Mechanical, regardless of the status of your claim.

9.6 Assignment of Insurance Proceeds and Right of Subrogation: You hereby assign to Eek Mechanical absolutely, by way of security and as a present assignment, the benefit of all insurance proceeds payable in respect of Eek Mechanical's services up to the total amount outstanding under any invoice issued by Eek Mechanical (including services, parts, NZIFDA filing fee, finance charges, storage, interest, and recovery costs). This assignment takes effect immediately upon engagement of Eek Mechanical and operates as notice to your insurer in conjunction with any insurance report or claim submission Eek Mechanical issues. You authorise Eek Mechanical to give written notice of this assignment to your insurer at any time, and you must not, by any act or omission, accept, redirect, dissipate, or compromise insurance proceeds attributable to Eek Mechanical's services without first satisfying Eek Mechanical's invoice in full. Eek Mechanical may also exercise rights of subrogation against your insurer in your name to recover the secured debt.

9.7 Obligation Not to Prejudice Eek Mechanical's Position: You must not take any action, make any representation, or enter into any agreement with your insurer that would reduce, limit, or extinguish Eek Mechanical's right to recover its charges. This includes (without limitation) agreeing to an insurer's assessment that values the repair at less than Eek Mechanical's invoice amount, accepting cash settlement that is less than Eek Mechanical's invoice amount, or directing or permitting your insurer to make payment to any party other than Eek Mechanical, in each case without Eek Mechanical's prior written consent. Any breach of this clause is a material breach of these Terms and you indemnify Eek Mechanical against any resulting shortfall and costs.

9.8 Insurance Reports: Eek Mechanical will provide an insurance report for misfuel incidents to support your claim. Reports are based on actual work performed and live invoice data. They are provided to you and, with your authorisation, directly to your insurer. Insurers may access the EEK Insurance Claims Portal at eek.nz/claims/insurer-portal to process the claim.

9.9 Payment Obligation Independent of Claim: Your obligation to pay Eek Mechanical is absolute, primary, and independent of the outcome, timing, or progress of any insurance claim. Full payment is due in accordance with the invoice regardless of whether your insurer approves, partially approves, declines, or delays the claim. If your insurer pays less than the invoiced amount, refuses to pay, or pays to any party other than Eek Mechanical, you remain personally liable for the full shortfall plus all interest and recovery costs.

9.10 Costs of Recovering from an Insurer Borne by You: Where you elect to rely on your insurer to pay Eek Mechanical (whether under the Insurer-Pay Model or otherwise), and your insurer fails to pay Eek Mechanical in full within the time required, all costs incurred by Eek Mechanical in pursuing payment are your responsibility. This includes (without limitation): debt collection agency fees; PPSR registration, search, and discharge fees; legal fees on a solicitor-client (indemnity) basis; court filing and enforcement fees; tracing and investigation costs; storage and security costs while the vehicle remains in possession; interest at the rate specified in clause 6.8; and any other reasonable costs incurred in protecting or enforcing Eek Mechanical's rights. You authorise Eek Mechanical to add such costs to your invoice as they are incurred. Where Eek Mechanical recovers any amount from your insurer (including by exercise of subrogation rights), it may apply that recovery first against accrued costs, fees, and interest, and second against the principal invoice.

9.11 Insurer Portal: Insurers are directed to the EEK Insurance Claims Portal at eek.nz/claims/insurer-portal. Insurer access to this portal does not transfer payment responsibility from you to the insurer unless explicitly confirmed in a separate written agreement signed by Eek Mechanical.

9.12 Data Minimisation: Eek Mechanical will share only the information with your insurer that is reasonably required to process the claim. We will not disclose our supplier network, internal pricing structures, subcontractor arrangements, or commercial terms to any insurer.

9.13 Insurance Information — Not Insurance Advice: EEK Mechanical is not a registered financial adviser, insurance adviser, or insurance broker under the Financial Markets Conduct Act 2013 or any other applicable legislation. Any information provided by EEK Mechanical or its AI agents (including SquEEK, Laura, Whitey, or any other) regarding insurance coverage, policy terms, excess amounts, claim processes, reimbursement timelines, or likely insurance outcomes is provided as general information only, based on common industry experience with similar incidents. Such information does not constitute: (a) a representation about your specific insurance policy or its terms; (b) insurance advice or financial advice within the meaning of any applicable legislation; (c) a guarantee that your insurer will accept, partially approve, or pay any claim; or (d) a binding commitment about any reimbursement amount or timeframe. You must independently verify your own insurance coverage with your insurer before relying on any statement by EEK Mechanical or its AI agents regarding insurance. As a person contracting for services, you are presumed to have reviewed and understand the terms of your own insurance policy. EEK Mechanical accepts no liability for any shortfall between what you recover from your insurer and what you have paid to EEK Mechanical. Your payment obligation under these Terms is unconditional and independent of any insurance outcome (see clause 9.9).

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, special, or consequential damages arising from or in connection with the services, including but not limited to: loss of use of the vehicle; loss of profits or business revenue; cost of alternative transport, accommodation, or travel; vehicle hire or rental costs; loss of business opportunities; any economic or non-economic loss flowing from a delay in service. This limitation applies regardless of the cause of action and whether or not Eek Mechanical was advised of the possibility of such damages.

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 agents (SquEEK, Laura, Whitey, and any other) to facilitate service delivery and improve our systems. All AI interactions are recorded and stored.

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.

17.3 Written Terms Prevail: These Terms, as published on the Eek Mechanical website, constitute the complete and binding agreement between you and Eek Mechanical. These written Terms supersede and take precedence over all prior or contemporaneous verbal statements, representations, estimates, quotations, promises, or undertakings, whether made by phone, in person, via email, via any AI agent (SquEEK, Laura, Whitey, or any other), or by any other means. No verbal agreement, AI-generated statement, or other representation shall vary, amend, or override these Terms unless confirmed in writing by an authorised human representative of Eek Mechanical. By making payment or proceeding with services, you confirm that you have not relied on any verbal or AI-generated statement inconsistent with these Terms.

19.1 Raising a Dispute: Any dispute, complaint, or concern regarding EEK Mechanical's services, charges, or conduct must be raised through the official dispute resolution process at eek.nz/disputes-tribunal. If you are a known customer, you may raise a dispute directly from your customer portal at eek.nz/customer (Disputes tab). Disputes raised through other channels (phone, SMS, social media) will be redirected to the formal process.

19.1A EEK-Initiated Disputes: EEK Mechanical may open a dispute process proactively where it has reasonable grounds to believe a dispute exists — for example, where a customer has visited the dispute page, raised concerns by phone or message, or where a system flag has been triggered. Where EEK Mechanical opens a dispute process on a customer's behalf, the customer will be notified via their registered contact details. The customer then has five (5) business days from the date the dispute is opened to engage with the process through their portal or at eek.nz/disputes-tribunal. A proactively-opened dispute satisfies the mandatory first step under §19.2. If the customer does not engage within five (5) business days: (a) the dispute will be automatically closed without liability to EEK Mechanical; (b) EEK Mechanical's dispute resolution panel will produce a formal written decision on the available evidence, finding in EEK Mechanical's favour on all charges on the basis that no grounds for dispute were presented; (c) the account will be restored to normal status; and (d) the resolution document will be placed on the customer's file and submitted as evidence in any subsequent Stripe chargeback, Disputes Tribunal proceeding, or other external process. The customer's failure to engage will itself be noted in that document.

19.2 Internal Resolution — Step 1: Before any external escalation, you must first attempt to resolve the dispute with EEK Mechanical through the disputes portal. This is a mandatory first step under the NZ Disputes Tribunal Act 1988. EEK Mechanical will issue a formal written decision within a reasonable timeframe. The dispute resolution decision will be provided as a downloadable PDF document at a unique decision URL.

19.3 Formal Decision: EEK Mechanical's dispute resolution panel will review all available information — including the full job record, communications, payment history, terms acceptance records, and call records — and issue a written decision addressing every point raised. This decision constitutes EEK Mechanical's final position. A copy of the decision is appended to the customer's job record.

19.4 Escalation to NZ Disputes Tribunal: If you are not satisfied with EEK Mechanical's decision, you may file a claim with the New Zealand Disputes Tribunal (jurisdiction: claims up to $30,000, or up to $60,000 by agreement). EEK Mechanical will pay the filing fee on your behalf. To initiate this process, complete the filing form at eek.nz/dispute-filing. This filing constitutes an escalation — EEK Mechanical's decision document will be submitted to the Tribunal as its evidence. The burden of proving excessive charging or breach rests with the claimant.

19.5 Supplier Damage Claims: Where a dispute relates to alleged damage to a vehicle caused by a third-party contractor (supplier) rather than EEK Mechanical itself, EEK Mechanical accepts no liability for that damage. However, EEK Mechanical will assist the customer in pursuing a claim against the supplier at the Disputes Tribunal, including paying the filing fee and assisting with preparation of the claim. EEK Mechanical is not liable for any adverse outcome of that proceeding.

19.6 Stripe Chargebacks: If you initiate a payment dispute or chargeback with your card issuer or Stripe without first completing the internal disputes process set out in this Section, EEK Mechanical will submit the dispute resolution decision document, job records, terms acceptance records, payment records, and all available evidence to the card issuer in response. EEK Mechanical's full dispute evidence package is maintained for every job. Initiating a chargeback without completing the internal process is considered an abuse of the payments system and may result in legal action for recovery of the disputed amount plus associated costs.

19.7 External Bodies: After completing the internal process (§19.2), you may also contact the following external bodies: NZ Disputes Tribunal (www.disputestribunal.govt.nz); Consumer NZ (www.consumer.org.nz); Commerce Commission (www.comcom.govt.nz, for Fair Trading Act matters); or the Ministry of Business, Innovation and Employment (www.mbie.govt.nz). EEK Mechanical co-operates fully with all lawful enquiries from these bodies.