TERMS OF SERVICE & USE
This Terms of Service agreement (Referred to as “Agreement”) is effective as of the date of your use of this website
www.towtrucknowbc.ca (Referred to as “Site”), the date of submission of any type of form(s) listed on this Site, the date of making a call to any of the telephone number(s) listed on this Site or the date of electronic acceptance of this Agreement.
This Agreement is entered into by and between www.towtrucknowbc.ca, and you (Referred to as “User”) This Agreement sets forth the general terms of service of your use of this Site and the services requested or accessed through this Site.
Whether you are just visiting, viewing, browsing or using this Site to request a service, your use of this Site or Page, your call to any of the telephone number(s) listed on this Site, a submission of any type of form(s) listed on this Site or electronic acceptance of this Agreement means and is the evidence that you have read, understand, acknowledge, accept and agree to be bound by the terms of service of this
Agreement in addition to and NOT a substitution to Privacy Policy which can be found at: https://www.towtrucknowbc.ca/terms-of-service-use
You must be at least 19 years of age to use this Site; and by using this Site, making a call to any of the telephone number(s) listed on this Site, submitting any type of form(s) listed on this Site or electronic acceptance of this Agreement signifies that you are at least 19 years of age.
If you disagree with this Agreement or any part of these terms of service, you must not use this Site or any of its services.
THESE TERMS OF SERVICE MAY BE UPDATED, CHANGED OR AMENDED BY TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. FROM TIME TO TIME WITHOUT ANY NOTICE. IT IS YOUR PERSONAL RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY UPDATES OR CHANGES.
YOUR USE AFTER ANY CHANGES OR UPDATES TO THESE TERMS OF SERVICE SIGNIFIES YOUR ACCEPTANCE OF AND CONSENT TO SUCH MODIFIED TERMS OF SERVICE. ANY FEATURE THAT MAY BE ADDED TO THIS SITE AT ANY TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE Agreement UNLESS EXPRESSLY STATED TO THE CONTRARY.
A. TERMS AND CONDITION(S)
TERMS AND CONDITIONS; SERVICE CALL & CANCELLATION FEE
TTN Roadside Assistance or Tow Truck Now Ltd DBA; Upon dispatch, a Representative will collect credit card information as a pre-authorization over the phone and/or will charge dispatch Fee(s), Service Call Fee(s), Service Fee(s) and/or Deposit or Cancellation Fee(s). Charges differ per towing or roadside booking. Service Call Fee goes towards any towing or roadside service requested. Service Call Fees vary from $45.00, $65.00, $89.00 or $95.00, a percentage or a Full Service Charge on occasion. Cancellations and Gone On Arrival Fees vary from $45.00, $95.00, or full charge for service. Online Transaction(s) are non-refundable once Terms & Conditions on the Online Form have been accepted by the Customer and signature required. Our representatives may ask for credit card information and either pre-authorize the service amount or charge full payment either before dispatching or after the service is completed by sub contractors. Depending on how small or large the transaction may be. A Quote may be provided prior to towing if requested by the customer and/or during the time of the pre-authorization. Cancellations and Gone On Arrivals (GOAs) fees are non-refundable once dispatched out with the exception of No Service provided; unless TTN Roadside Assistance or Tow Truck Now Ltd DBA is charged otherwise.
Dispatch coordination and logistics service fee are included which display ranging 5.5-31.5% and a Fuel Surcharge Fee which is invoiced to TTN Roadside Assistance or Tow Truck Now Ltd DBA from Vendors/Carriers who have completed the job accepted, ranges depending on the carrier's Fuel Surcharge rate on the day of, fluctuating throughout seasons of 10-13.5% Fuel Surcharge and higher depending on the economic going rate. This Fuel Surcharge Fee is passed through TTN Roadside Assistance or Tow Truck Now Ltd DBA and onto TTN Roadside Assistance or Tow Truck Now Ltd DBA customer's with an obligation to pay their bill via Pre-Authorization credit card, Bank Payment via Invoice, E-transfer, or our PreBooking Online System.
TTN Roadside Assistance or Tow Truck Now Ltd DBA may adjust pricing and rates without notice starting at the beginning of any given week, Mondays throughout the year. Exclusion of customer’s pre-authorized or billed prior to rate or pricing changes TTN Roadside Assistance or Tow Truck Now Ltd DBA will honor the rates given on the day of; TTN Roadside Assistance or Tow Truck Now Ltd DBA explains the additional services required will be billed accordingly to customers over the phone, prior to accepting credit card or payment and dispatching out for roadside assistance. Due to the unforeseen equipment required on the job by the technician or vendor/carrier,additional kilometers(kms) or any other additional services are obligated to apply to the final bill. An upgrade or downgrade may also apply. As customer's accept the agreement, they are stated of these terms on four(4) separate pieces of evidence for the record. (1) phone call recording accepting the terms, agreement and considerations (2) an e-mail is received with terms (3).
Non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users' means of connection to our Site, such as the operating system and the Internet service providers’ utilized and other similar information.
[Terms and Conditions Online PreBook Form]
Estimations on Booked Services are subject to change at any time. The final amount charged will depend on what occured once the Service is complete by the Technician and the invoice is received. Additional charges for the following apply: Light duty dollies, flatbed trucks, cable winching, recovery, standby time, underground parking, turnaround, bridge, tunnel, highway fees, service fees, fuel surcharge, rush hour fees, GOA(gone on arrival) and cancellations etc. Section 1. Under no circumstances are the following refundable: Underpayment of service due to incorrect information inputted to gain financial benefit on service and/or lack of knowledge, Out of Service Area full credits; providing no applicable Service Providers are dedicated to the geographical area at the time of fulfillment given. Section 2. Under no circumstances are full refunds available once order is filled and payment is processed with exceptions such as Out of Office Hours, Out of Service Area, If Service Provider is unable to provide service for any circumstance a 50% refund of the amount or a full credit towards future service is available.
1. ABOUT THE OPERATOR(S).
(Referred to as “Operator”) is an tow truck operator who provides towing operations and roadside assistance(‘s) in user’s local area or city.
Operators(s) represent(s) his/her/their/it’s own legal entity and act(s) on the sole behalf of his/her/their/it’s OWN entity and does NOT represent or Act on behalf of TOW TRUCK NOW ROADSIDE ASSISTANCE LTD., or its subsidiaries, respective directors, officers, employees or shareholders, whether or not Tow Operates as a Proprietorship or a Corporation.
2. ABOUT THIS SITE.
This Site www.towtrucknowbc.ca is operated by TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. While TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. Intends and tries to keep the information, service details, features and functions and content, in general, to be as accurate as possible, TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not warrant nor guarantee the accuracy or reliability of the information listed, displayed or shown on this Site.
3. SERVICE(S).
towtrucknowbc.ca Site ONLY refers User(s) To Tow Operators(s) and/or Proprietorship and/or Corporations and/or Contractors and provides the ability and allows User(s) who is/are looking for Tow Operators(s) to contact or call an Tow Truck Operator (“Operators”) who provides towing and roadside assistance in their area. User(s) is/are able to talk to a Operator(s), ask any questions that the User(s) may deem to be of importance, ask for estimates or schedule a time for service directly with the Operator(s). TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. provides ONLY a referral service to Operator(s) , Tow Operator or User(s) and Under NO circumstances or event should TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. or Operator(s) be considered as one entity.
User(s) may also contact Operator(s) from a computer or a mobile device by submitting an online form requesting service, or by simply calling the phone number listed on the Site’s page assigned for the Operator(s) in User(s)’s city or area. User(s) do understand, acknowledge and accept that any of the submitted forms listed on the Site will be forwarded directly to a Operator(s) and copy will also be forwarded to TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. (s) that service(s) their area.
User(s) may also call a Tow Operator (s) for any inquiries, questions or just to request an estimate over the phone.
Users(s) is/are solely responsible for his/her/their/it’s arrangements, contracts or any interactions with the Operator(s).
4. PROHIBITED ACTIVITIES.
Applies to User(s) and Operator(s)
-
Any activity or service that would violate the law and/or any applicable legal rights of any person or entity.
-
Any activity that would violate Copyright, Trademark, or Licensing laws.
-
Any service or activity that encourages illegal activity.
-
Any services or activity that the Operator(s) has/have no legal right to perform and User(s) has/have no legal right to request.
5. TOW OPERATORS AT TOW TRUCK NOW ROADSIDE ASSISTANCE (S)’S RELATIONSHIP(S).
provides ONLY a referral service to Operator(s) or User(s) and Under NO circumstances or event should Tow Operators be considered as one entity. Tow Operators(s) are separate legal entities, its subsidiaries, respective directors, non existent arrangement or contract entered between the User(s) and the Operators(s) is strictly between the User(s) and Operators(s), TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. is NOT a party to such an arrangement or contract nor are its subsidiaries, respective directors, officers, employees, or shareholders. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. NOT and/or will NOT be or take any part in the arrangement(s) or contract(s) entered by or between the User(s) and Operator(s).officers and employees make no representation or act on behalf of one another. When a Operator(s) contacts a User(s), the Operator(s) is acting on the sole behalf of his/her/their/it’s OWN entity and does NOT represent or act on behalf of TOW TRUCK NOW ROADSIDE ASSISTANCE LTD., or its subsidiaries, respective directors, officers, employees and shareholders. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not guarantee that Operators(s) is and will be capable or will be willing to complete the User(s) request of service(s). Any verbal, written or
6. USER(S) AND TECH(S) RELATIONSHIPS.
User(s) is/are solely responsible for its or any interactions and arrangements with the Operator(s). User(s) rights under arrangements or contracts entered into with Operator(s) are governed by the terms of such contracts and by municipal, provincial or federal laws. should you have a disagreement or conflict with any of the Operator(s), you should discourse such a disagreement or conflict directly with the Operator(s). TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. is NOT a party or a third party recipient, beneficiary or assignee to the agreements and contracts between User(s) and Operator(s).
7. RECOMMENDATION / REFERRAL CLAUSE.
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does NOT recommend but ONLY refers the services of any particular Operators(s). The decision to enter into an arrangement or contract for service(s) whether it is verbal, written or non existent is completely and entirely User(s)’s responsibility and/or liability. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD.does not warrant Operator(s) performance, grade or the quality of service, parts, supplies, materials or equipment provided by a Operator(s). Operator(s) does NOT contract for or carry out work on Operator(s) behalf, and Operator carries NO responsibility and accepts NO liability to any services requested by the User(s). TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. makes no representation(s) and does not warranty or guarantee as to the performance of any Operator(s).
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not guarantee the work, parts, supplies, materials, equipment, or services provided or used by the Operators (s). Operators accepts NO liability, representation and has no obligation or any kind of relationship whatsoever to the User(s) with regard to the service, work, parts, equipment, supplies or materials provided or supplied by the Operator(s).TOW TRUCK NOW ROADSIDE ASSISTANCE LTD.does not cover and is not liable in regards to faulty or improper workmanship of the Operator(s) and any property damages, injury or product damages that result or arise from or relate to the services or work provided by the Operator(s).
YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT THAT TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. CARRIES NO LIABILITY, DOES NOT GUARANTEE, MAKES NO WARRANTIES, EITHER INDICATED, SHOWED OR IMPLIED REGARDING THE GRADE LEVEL OR QUALITY OF SERVICES PROVIDED BY ANY OPERATOR(s).
8. PAYMENT.
In cases where vehicles(s) is/are not repairable for any reason(s) whatsoever or too expensive and cost too much to repair, tow or assist, User(s) understands and agrees to provide minimum payment for diagnostic charge of a vehicle(s) for the amount shown or advertised on Site’s page assigned to of Contract or Arrangement made by and between the User(s) and the Operator(s), whether it is Verbal, Written or Non-existent. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. is NOT a party to such an arrangement or contract nor are its subsidiaries, directors, officers, employees, or shareholders.a Operator(s). Any other charges including but not limited to parts, labor or any other additional costs should be arranged between User(s) and Operator(s). User(s) is/are solely responsible for providing payment to the Operator(s) for any service provided or completed in compliance
9. INDEMNIFICATION.
User(s) AGREE(S) TO INDEMNIFY, DEFEND AND HOLD TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. IS HARMLESS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS FROM AND AGAINST ANY AND ALL CLAIMS EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS” FEES, ARISING OUT OF YOUR USE OF THE Site OR YOUR VIOLATION TO THIS Agreement.
10. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. COMMITMENT AND DEDICATION DISCLAIMER TO CANADA.
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. Is committed and dedicated as well as Intends and tries It's best to verify every Operator(s) and to confirm the proper existence of certification, liability insurance and experience. We communicate with Operator(s) to confirm and assure that we advertise as accurate as possible. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not verify all of the information or documents provided by a Operator(s) and disclaims all liabilities, guarantees or warranties in regards to such information.
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. DOES NOT GUARANTEE THAT ALL OF Operator(s) CERTIFICATION, LICENSES, INSURANCE COMPLIES WITH MUNICIPAL, PROVINCIAL OR FEDERAL REQUIREMENTS OR LAW(S).
11. LIABILITY LIMITATION.
User(S) SHOULD CONDUCT THEIR OWN REVIEW OF OPERATOR(s), TO DETERMINE, AMONG OTHER THINGS, WHETHER OR NOT Operator(s) ARE APPROPRIATELY LICENSED OR QUALIFIED FOR THE REQUESTED SERVICES. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. DOES NOT GUARANTEE, WARRANT OR REPRESENT THAT THE INFORMATION SUBMITTED OR RECEIVED BY Operator(s) IS ACCURATE, CORRECT OR COMPLY WITH PROVINCIAL, MUNICIPAL OR FEDERAL REQUIREMENTS. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. DOES NOT WARRANT NOR GUARANTEE THE ACCURACY OR RELIABILITY OF THE INFORMATION DISPLAYED ON OUR SITE OR LISTED SERVICES. WE ENCOURAGE ALL User(s) TO CONFIRM AND ESTABLISH SUCH DISPLAYED OR ADVERTISED INFORMATION DIRECTLY WITH Operator(s) TOW TRUCK NOW ROADSIDE ASSISTANCE LTD.UNDER NO CIRCUMSTANCES OR IN NO EVENT SHALL BE LIABLE FOR ANY AND INCLUDING BUT NOT LIMITED TO EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT, DIRECT, PUNITIVE, FITNESS FOR A PARTICULAR PURPOSE, , CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, WITHOUT ANY LIMITATION FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING AS THAT RESULT FROM YOUR USE OF THIS SITE OR SERVICE. NON-INFRINGEMENT.
THE INFORMATION ON THIS SITE IS PROVIDED “AS IS.” TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. MAKES NO REPRESENTATION ABOUT THE ACCURACY OR PROPRIETY OF THE CONTENT ON THIS SITE. TOW TRUCK NOW LIMITED DOES NOT GUARANTEE OR WARRANT THAT THE Site WILL BE WORKING PROPERLY OR AS INTENDED, WITH ALL FUNCTIONS OR FEATURES WORKING PROPERLY OR AS INTENDED OR UNINTERRUPTED, OR THAT SPECIFIC RESULTS ARE PROVIDED FROM THE USE OF THE SITE OR ANY OF ITS CONTENT, FEATURES OR FUNCTIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW(S) IN ALL OF PROVINCES IN CANADA OR BY MUNICIPAL, PROVINCIAL OR FEDERAL LAW(S). SOME OF THE LIMITATIONS LISTED MAY NOT BE APPLICABLE TO YOU.
12. INTELLECTUAL PROPERTY.
This Agreement does NOT transfer from TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. to you ANY of TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. or third party Copyright, intellectual property, right(s), Licenses, Trademarks, title and interest in and to such property will remain (as between the parties) solely with TOW TRUCK NOW ROADSIDE ASSISTANCE LTD.. Some or Certain trademarks, Copyright, Licenses, graphics and logos used in connection with the Site may be the trademarks, Copyright, Licences and Rights of other third parties. Your use of the Site grants you no right or license to reproduce or otherwise use any TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. or third-party trademarks, copyright, licenses or intellectual property. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. asks others to respect its intellectual property rights.
13. OTHER SITE(S).
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not have any control over other websites, pages and is not responsible for their contents or their use. By linking to another website or page, TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. does not represent or imply that it endorses such website or page.TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. is not liable, responsible or warrants any products or materials, content, advertisements or services available on other sites or pages. It is User(s)’s sole responsibility to take any precautions as necessary for but not limited to protection and safety.
14. TERMINATION.
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Site. All provisions of this Agreement which by their nature ought to survive termination, shall survive termination, including but not limited to, without limitation, ownership provisions, indemnity, warranty disclaimers and limitations of liability.
15 ADVERTISEMENTS.
TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. reserves the right to display advertisements on the Site.
16. OTHER AND MISCELLANEOUS.
This Agreement constitutes the entire agreement between TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. and User(s). Agreement, any access to or use of the Site will be governed by the law(s) of British-Columbia, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the provincial and federal courts located in Vancouver, British-Columbia in the English language.
If any part(s) of this Agreement is declared or held invalid or unenforceable, that part(s) will be construed to reflect the parties’ original intent, and the remaining portions will remain in effect and in full force. TOW TRUCK NOW ROADSIDE ASSISTANCE LTD. may assign any of its right(s) to a third party under this Agreement without any condition or limitation.
17. WARNING AND CAUTION.
ALL INFORMATION EXCEPT THAT IN THE PUBLIC DOMAIN, YOU MAY NOT COPY, MODIFY, DISTRIBUTE, RE-DISTRIBUTE, DISPLAY, POST, PUBLISH, RE-PRODUCE, SELL IN ANY WAY OR EVENT ANY INTELLECTUAL PROPERTY WITHOUT PERMISSION.
YOU MUST REQUEST AND OBTAIN A WRITTEN PERMISSION OR CONSENT OF THE OWNER OF SUCH INTELLECTUAL PROPERTY. NOT OBTAINING PERMISSION OR CONSENT MAY RESULT IN LEGAL CONFRONTATION OR ACTION.