MOCA Auto Body Estimator
September 22, 2018
Terms of Service and Rules
Thank you for using MOCA!
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and MOCA Auto Body Estimator Inc. (hereinafter “MOCA”) governing your access to and use of the MOCA website, including any subdomains thereof, and any other websites through which MOCA makes the MOCA Services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Services”). The Site, Application and Services together are hereinafter collectively referred to as the “MOCA Platform”. When these Terms mention “MOCA,” “we,” “us,” or “our,” it refers to MOCA Auto Body Estimator Inc. with which you are contracting.
1. Basic Terms
The MOCA Platform is an online marketplace that connects registered users (“Users”) with certain third parties who offer auto body repair services (“Partner Auto Body Shops” or “Body Shops”). The services Body Shops offer are “Repair Services”. You may also visit and view MOCA Platform without registration.
MOCA provides Users with repair estimates, which are given by Partner Auto Body shops. The repair estimates are calculated based on limited information given by Users such as photos and vehicle information. Thus, the estimates may change when Body Shops inspect your vehicle in person at their own sites. The estimates are not the final quotes and the final quotes can only be given by the Body Shops at their own sites. The estimates should only be used to help you decide which Body Shops to visit and consult about your vehicle issues. MOCA is not responsible for accuracy of the estimates.
As the provider of the MOCA Platform, MOCA does not own a physical auto body repair shop. MOCA does not directly provide, control, manage, offer, deliver, or supply Repair Services. Partner Auto Body Shops alone are responsible for their estimates, quotes, and Repair Services. When Users decide to use a Repair Service from a certain Body Shop, they are entering into a contract directly with each other. MOCA is not and does not become a party to or other participant in any contractual relationship between Users and Body Shops. MOCA is not acting as an agent in any capacity for any User.
MOCA is not responsible for the result of Repair Services given by Body Shops. MOCA encourages Users to carefully review the terms and conditions of Body Shops before using their Repair Services. While we may help facilitate the resolution of disputes, MOCA has no control over Repair Services and does not guarantee satisfaction of Repair Services. You should always exercise due diligence and care when deciding which Body Shop to request to repair your vehicle.
You must be at least 18 years old and able to enter into legally binding contracts to access and use the MOCA Platform or register an MOCA Account. By accessing or using the MOCA Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract. You must register an account (“MOCA Account”) to access and use certain features of the MOCA Platform, such as requesting estimate inquiries.
3. Service Fees
Currently we deliver the MOCA Platform for free including the estimate-inquiry service. However, in the future, MOCA may charge fees to Body Shops ("Body Shop Fees") and/or Users ("User Fees") (collectively, "Service Fees") in consideration for the use of the MOCA Platform. If so, MOCA will confirm with you before charging you.
Users who decide to repair their cars at certain Body Shops will have to pay for the repair services at the Body Shops. MOCA does not guarantee the result of the repair. If Users are not satisfied with the result, they will have to deal with the Body Shops directly although MOCA may facilitate with Body Shops to resolve the issues.
You are responsible for safeguarding the password that you use to access the MOCA Platform and for any activities or actions under your password. We encourage you to use complicated passwords with your account. MOCA cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
5. Content on the MOCA Platform
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any content on or through the MOCA Platform, you grant to MOCA a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such content to provide and/or promote the MOCA Platform, in any media or platform. You must not post, upload, publish, submit or transmit any content that is fraudulent, false, misleading, deceptive, or inappropriate. In appropriate circumstances, MOCA may also terminate your account at its soles discretion.
MOCA may, at its sole discretion, enable and disenable you to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the MOCA Platform and (ii) access and view any content that MOCA itself makes available on or through the MOCA Platform, including proprietary MOCA content and any content licensed or authorized for use by or through MOCA from a third party. MOCA reserves the right to edit or remove any material submitted to the MOCA Platform or stored on MOCA’s servers, or hosted or published upon this website.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via the MOCA Platform and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the MOCA Platform or obtained by you through the MOCA Platform is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the MOCA Platform or endorse any opinions expressed via the MOCA Platform. You understand that by using the MOCA Platform, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will MOCA be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the MOCA Platform or broadcast elsewhere.
MOCA reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any content on the MOCA Platform, to suspend or terminate Users and Body Shops. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety MOCA, its users and the public.
6. Copyright Policy
MOCA respects the intellectual property rights of others and expects visitors, Users and Body Shops of the MOCA Platform to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, MOCA may also terminate your account if you are determined to be a repeat infringer.
You may terminate this Agreement at any time via the "Delete Account" feature on the MOCA Platform or by sending us an email. If you delete your MOCA Account as a Body Shop, your body shop profile page will be also deleted and you will no longer receive an estimate inquiry service from MOCA. If you cancel your MOCA Account as a User, you will not be able to fully enjoy benefits that MOCA offers such as viewing or receiving a repair estimate.
MOCA may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms (ii) you have violated applicable laws, regulations or third party rights, or (iii) MOCA believes in good faith that such action is reasonably necessary to protect the personal safety or property of MOCA, its Users and Body Shops, or third parties.
When this Agreement has been terminated, you are not entitled to a restoration of your MOCA Account or any of your Member Content. If your access to or use of the MOCA Platform has been limited or your MOCA Account has been suspended or this Agreement has been terminated by us, you may not register a new MOCA Account or access and use the MOCA Platform through an MOCA Account of others.
Your use of MOCA Platform is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
We are not liable for damages, direct or consequential, resulting from your use of the MOCA Platform, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the MOCA Platform. Because the MOCA Platform is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information. You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the MOCA Platform.
10. Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the Province of British Columbia, Canada without regard to or application of its conflict of law provisions or your province, state or country of residence.
All claims, legal proceedings or litigation arising in connection with the MOCA Platform will be brought solely in the federal or provincial courts located in Vancouver, British Columbia, Canada. Unless we both agree to some other location, you and we both consent to venue and personal jurisdiction in Vancouver, British Columbia.
11. General Provisions
MOCA’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law. No joint venture, partnership, employment, or agency relationship exists between you and MOCA as a result of this Agreement or your use of the MOCA Platform.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
MOCA reserves the right to revise these Terms at any time in accordance with this provision. If we make a change to these Terms that, at our sole discretion, is material, we will notify you by emailing to the email address associated with your account. By continuing to access or use the MOCA Platform after those changes become effective, you agree to be bound by the revised Terms. You may delete your account at any time. Your continued access or use of the MOCA Platform will constitute acceptance of the revised Terms. We also encourage you to review these Terms occasionally to ensure you understand any updates.
If you have any questions or complaints about these Terms, please, contact us at:
MOCA Auto Body Estimator Inc
Unit # 210 - 128 West Hastings St., Vancouver, V6B 1G8, Canada
Effective: September 22, 2018
September 22, 2018
MOCA Auto Body Estimator Inc. (hereafter referred to as “MOCA”, “we”. “us”, “our” and terms of similar meaning) respects the privacy of every person who uses MOCA’s various services (the “Services”) including, but not limited to, visiting MOCA’s website: www.MOCAestimator.com and its mobile application (the “Sites”) and responding to SMS, emails, phone calls, and other interactive advertisements. The Site, Application and Services together are hereinafter collectively referred to as the “MOCA Platform”.
MOCA does NOT SELL, RENT, SHARE, or BARTER your personal information submitted to us through our MOCA Platform.
1. Information We Collect
There are three general categories of information we collect.
1.1 Information from Your Submission
We collect information you share with us when you use the MOCA Platform including account information (like your name, email address, date of birth, address, and phone number), profile information (like your vehicle and auto insurance), other authentication-related information, payment information, communications with MOCA and Partner Body Shops, address book contact information, and other information, which you choose to provide us when you fill in a form, conduct a search, or use other features of the MOCA Platform.
1.2 Information about Your Usage
When you use the MOCA Platform, we collect information about the services you use and how you use them. This includes, but not limited to, usage information, location information, log data, transaction information, and cookies along with other similar technologies.
Most Internet browsers automatically allow cookies. You can stop allowing cookies by changing your browser’s setting. However, some features of the MOCA Platform may not function properly if you disable cookies. We also use other technologies with similar functionality to cookies, such as tracking URLs, pixels, mobile identifiers, and web beacons to collect Log Data.
1.3 Information from Third Parties
MOCA may obtain information that others provide about you when they use the MOCA Platform, or collect information from other sources and combine that with information we collect through the MOCA Platform to the extent permitted by applicable law. For example, if you link, connect, or login to your MOCA Account with a third party service (e.g., Facebook, WeChat, Google+), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service. MOCA also uses a variety of third party services such as Google Analytics, wikis and blogs to improve our Services. These third party services may collect your usage information and other related information. MOCA may use this information to create a better service for you.
2. How We Use Collected Information
MOCA uses, stores, and processes information about you to provide, understand, improve, and develop the MOCA Platform, and to create and maintain a trusted and safer environment. We may also use the information to provide, personalize, measure, and improve our advertising and marketing. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and non-personally identifiable information for industry and market analysis, demographic profiling, marketing and advertising, and other business purposes with our partners and advertising agencies.
3. Third Party Partners & Integrations
The MOCA Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services (“Third Party Partners”). MOCA does not own or control these Third Party Partners. When you interact with them, you may be providing information directly to the Third Party Partner, MOCA, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.
4. Google Maps/Earth
We are continuously implementing and updating administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. However, the Internet is not a 100% secure environment so we cannot guarantee the security of the transmission or storage of your information.
6. Operating Globally
When you use the MOCA Platform, you authorize us to transfer, store, and process your information in Canada and possibly other countries. Laws in these countries may differ from the laws applicable to the place where you live. By using the MOCA Platform, you consent to transferring your data to these countries.
MOCA Auto Body Estimator Inc
Unit # 210 - 128 West Hastings St., Vancouver, V6B 1G8, Canada
Effective: September 22, 2018