The following are the terms and conditions governing your access to and use of the website MECHANICAR INC (www.mechanicar.com) and its related sub-domains, sites, services and tools (the “Site”). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with MECHANICAR INC and MECHANICAR INC LIMITED (“we”, “us” or “MECHANICAR INC”) in relation to your use of the Site (the “User Agreement”). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.
MECHANICAR INC ensures that its members can form legally binding contracts and further that minors do not purchase unsuitable content. Therefore, membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of MECHANICAR INC under this User Agreement or at law, MECHANICAR INC reserves the right to limit or withdraw access to the Site or the membership of any person if MECHANICAR INC believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by MECHANICAR INC. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.
As a member:
- You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify MECHANICAR INC of any unauthorized use of your password or account or any other breach of security. In no event, will MECHANICAR INC be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. You agree to reimburse MECHANICAR INC for any improper, unauthorized or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password if you authorized such access.
- You will provide true, accurate, current and complete information about yourself as prompted by MECHANICAR INC’s registration form (the “Registration Data”).
- Your profile name shall not include the word “MECHANICAR”.
- You will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if MECHANICAR INC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this User Agreement, without prejudice to any other rights and remedies of MECHANICAR INC under this User Agreement or at law, MECHANICAR INC has the right to indefinitely suspend, limit or withdraw your access to the Site and/or your membership of the Site.
MECHANICAR INC may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or ownership of your financial instruments. Without limiting the foregoing, if you are a business entity or registered on behalf of a business entity such information or documentation may include your trade license, other incorporation documents and/or documentation showing any person’s authority to act on your behalf. You agree to provide any information and/or documentation to MECHANICAR INC upon such requests. You acknowledge and agree that if you do not, MECHANICAR INC without liability may limit, suspend or withdraw your access to the Site and/or your membership of the Site. We also reserve the right to cancel unconfirmed / unverified accounts or accounts that have been inactive for a long time.
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MECHANICAR INC requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
You acknowledge and agree that MECHANICAR INC at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.
You may not: –
- post Information or content or list jobs in an inappropriate category or areas on our Site;
- post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;
- post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another’s culture or make any other derogatory or inappropriate comments;
- post Information or items which infringe any third party’s intellectual property rights, other proprietary rights or right to privacy;
- post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;
- post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;
- post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;
- post Information or content or list items which may (in our sole discretion) threaten national security;
- fail to deliver payment for services that you have chosen
- use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;
- manipulate or attempt to manipulate the Site in any way including the prices of any services on the Site (either alone or in conjunction with other users);
- circumvent or manipulate our fee structure, the billing process, or fees owed to MECHANICAR INC;
- take any action that may undermine the Site’s feedback and rating systems
- transfer your Site account (including feedback) and username to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming technologies that may harm the Site or the interests or property of the Site’s users;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site;
- attempt to take over another user’s account or carry out any hacking or phishing of the Site or user accounts and related features;
- export or re-export any Site tools except in compliance with the export control laws of any relevant jurisdictions;
- copy, modify, or distribute any content from the Site or otherwise infringe the Site’s copyright material and/or trademarks in any way;
- violate any laws, rules, regulations, guidelines, third party rights or our policies
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property and copyright work of either MECHANICAR INC, its users, its content suppliers or its licensors and is protected by copyright, trademarks, patents or other intellectual property rights and laws. The compilation of the content on the Site is the exclusive property and copyright of MECHANICAR INC and is protected by copyright, trademarks, patents or other intellectual property rights and laws.
“MECHANICAR INC” and related logos, and other words and logos on the Site are either unregistered trademarks or registered trademarks of MECHANICAR INC and are protected by international trademark and other intellectual property rights and laws. MECHANICAR INC’s trademarks may not be used about any product or service that is not MECHANICAR INC’s nor in any manner that disparages or discredits MECHANICAR INC. All other trademarks not owned by MECHANICAR INC that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MECHANICAR INC.
You may report problems of any kind or violations of this User Agreement to MECHANICAR INC. If you believe that your intellectual property rights have been violated, please notify MECHANICAR INC. Without prejudice to any other rights and remedies of MECHANICAR INC under this User Agreement or at law, MECHANICAR INC may limit, suspend or withdraw a user’s access to the Site and/or a user’s membership of the Site or remove hosted content. Also, MECHANICAR INC can choose to take other technical and/or legal steps against users who create problems or possible legal liabilities of any kind, who infringe the intellectual property rights of third parties or who act inconsistently with this User Agreement or our policies.
MECHANICAR INC is an online platform that aggregates workshops from all over the world within a single website. In the case of disputes arising due to the poor quality of service, or in the case of damage being done to a users’ whilst it is in the possession of the selected workshop, it is the sole responsibility of the selected workshop to make good the damage and or repair. Failure to supply quality service may result in the workshop being banned from using the platform, or in further action being pursued by the customer, legally.
- MECHANICAR INC accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- MECHANICAR INC excludes all implied warranties, terms and conditions and is not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising directly or indirectly, out of your use of or your inability to use the Site.
- You release and indemnify MECHANICAR INC and/or any of its officers and representatives in respect of any claim, demand, dispute, cost, damage, liability or other consequence (direct or indirect) of any of the actions of the users of the Site and you specifically waive any claims that you may have in this behalf under any applicable law.
- The Site may include links to third party websites that are controlled by and maintained by others. MECHANICAR INC cannot accept any responsibility for the materials or offers for goods or services featured on such websites and any link to such websites is not an endorsement of such websites or a warranty that such websites will be free of viruses or other such items of a destructive nature and you acknowledge and agree that MECHANICAR INC is not responsible for the content or availability of any such sites. However, you acknowledge and agree that you may not include links in any user-posted content on the Site.
- MECHANICAR INC is not responsible for unsatisfactory or delayed performance, losses, damages or delays because of poor service by the selected workshop.
- MECHANICAR INC has no control over and does not guarantee the quality, safety or legality of services advertised, the truth or accuracy of users’ content or listings, the ability of workshops to supply services, or the of buyers to pay for services
Without prejudice to any other rights and remedies of MECHANICAR INC under this User Agreement or at law or otherwise, MECHANICAR INC may immediately and without liability: limit your activity, remove your quotes, end your listings, warn other users of your actions, temporarily / indefinitely suspend, limit or withdraw your membership, and/or limit or withdraw your access to the Site:
- If you breach this User Agreement;
- If MECHANICAR INC is unable to verify or authenticate any information you provide; or
- If MECHANICAR INC believes (in its sole discretion) that your actions may cause legal liability for you, other users or MECHANICAR INC.
MECHANICAR INC may at any time at its sole discretion reinstate suspended users. A user that has been indefinitely suspended or had their membership withdrawn may not register or attempt to register with MECHANICAR INC or use the Site in any manner whatsoever until such time that such user is reinstated by MECHANICAR INC. Notwithstanding the foregoing, if you breach this User Agreement MECHANICAR INC reserves the right to recover any amounts due and owing by you to MECHANICAR INC or any losses and damages caused by you to MECHANICAR INC and to take such steps including legal action and/or the initiation of criminal proceedings against you as MECHANICAR INC in its sole discretion deems necessary. Our failure to act with respect to a breach by you or others does not constitute a waiver of MECHANICAR INC’s right to take any actions with respect to that or subsequent or similar breaches. MECHANICAR INC does not guarantee that it will take action against all breaches that there may be of this User Agreement.
Reviews and Ratings
MECHANICAR INC encourages users and service providers on the Site to provide reviews and ratings; as this helps all users know what it is like to deal with the workshop. Your feedback will be displayed along with your Name on the Site. You cannot retract the feedback once you have left it. MECHANICAR INC will not be responsible or liable in any way for the feedback that you post on the Site. You agree not to make comments that are not factual in nature including without limitation making any racist comments, using profanity, abusing another user, disrespecting another culture or any other derogatory or inappropriate comments. You further agree not to post feedback to solicit sales outside of the Site and not to display the contact information of any person within any feedback. If you continuously receive negative feedback ratings, without prejudice to any other rights and remedies of MECHANICAR INC under this User Agreement or at law, MECHANICAR INC reserves the right to suspend, limit or withdraw your access to the Site and/or your membership of the Site. You acknowledge and agree that your feedback consists of comments left by other users with whom you transact and a composite feedback number compiled by MECHANICAR INC and that together these convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the users, you agree that you shall not market or export your MECHANICAR INC feedback rating in any venue other than on the Site. MECHANICAR INC does not provide the technical ability to allow you to import feedback from other websites to the Site because a composite number, without the corresponding feedback, does not reflect your true online reputation within our community.
Warranty / Guarantee
MECHANICAR INC provides the Site and its services on an “as is” and “as available” basis without any representation or endorsement made and without any warranty or guarantee of any kind whether express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, compatibility, security, accuracy and non-infringement. MECHANICAR INC makes no representations or warranties about the accuracy, reliability, or completeness of any content, information, software, text, graphics, links or communications provided on or using the Site or that the operation of the Site will be error free and/or uninterrupted. MECHANICAR INC makes no warranty or guarantees that defects will be corrected or that the Site or its servers are free of viruses or anything else which may be harmful or destructive. The nature of Internet communications means that this Site may be susceptible to data corruption, interception, non-availability and delays. The Site may also be unavailable from time to time due to repairs, maintenance or development work. You agree that MECHANICAR INC has no obligation to provide support for the Site. You expressly agree that you use the Site at your own risk.
Limitation of Liabilities
To the extent permitted by law, MECHANICAR INC, its officers, employees, agents, affiliates and suppliers shall not be liable for any loss or damage whatsoever whether direct, indirect, incidental, special, consequential or exemplary, including but not limited to, losses or damages for loss of profits, goodwill, business, opportunity, data or other intangible losses arising out of or in connection with your use of the Site, its services or this User Agreement (however arising, including negligence or otherwise and whether or not MECHANICAR INC has been advised of the possibility of such losses or damages). If you are dissatisfied with the Site or any content or materials on it, your sole exclusive remedy is to discontinue your use of it. Further, you agree that any unauthorized use of the Site and its services because of your negligent act or omission would result in irreparable injury to MECHANICAR INC and MECHANICAR INC shall treat any such unauthorized use as subject to the terms and conditions of this User Agreement.
You agree to indemnify and hold MECHANICAR INC and its affiliates, officers, employees, agents and suppliers harmless from all claims, demands, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred due to or arising out of your breach of this User Agreement, or your violation of any law or the rights of a third party.
None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and MECHANICAR INC and you shall have no authority to bind MECHANICAR INC in any manner whatsoever. Except as explicitly stated otherwise, any notices to MECHANICAR INC from you shall be given by you by email to MECHANICAR INC at email@example.com with a physical copy sent to us by mail or courier, such notice deemed given on confirmation of its receipt to you by MECHANICAR INC by return email. Any notices to you from MECHANICAR INC shall be given by notices posted on the Site or by email to the email address you provide to us during the registration process and shall be deemed to be received by you 48 hours after any such email is sent.
If any dispute, claim, controversy or difference (including in relation to any tortious or statutory claim) (“Dispute”) arises out of or in connection with or in relation to this User Agreement, including (without limitation) any question regarding the formation, existence, scope, performance, interpretation, validity or termination of this User Agreement or this clause, or any question regarding the legal relationships established by this User Agreement or the consequences of its nullity, then the parties shall first attempt amicably to settle the Dispute through good-faith negotiations over a period of thirty (30) calendar days commencing on the date that a party first sends to the other party a written notice of the Dispute. If a Dispute has not been settled amicably by the relevant parties by the end of such thirty (30) calendar day period, the parties hereby agree that the Dispute shall be referred to and finally resolved by binding arbitration as set out below, under the Arbitration Rules of the Ontario Court of Justice (“OCJ”), which rules (“Rules”) are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The parties to the arbitration shall seek to agree on a sole arbitrator to be nominated to the OCJ court for appointment. If the parties to the arbitration fail to nominate a sole arbitrator within 30 days from the date of the service of the request upon the respondent (or such greater or lesser period as may be fixed by the OCJ Court), the sole arbitrator shall be appointed by the OCJ Court. The seat or legal place of the arbitration shall be Toronto, Canada. The arbitration proceedings shall be conducted in the English language and the award shall be in English. The foregoing provisions of this clause are without prejudice to the right of MECHANICAR INC to seek interim relief at any time from any court of competent jurisdiction (whether or not an arbitrator has been appointed) and MECHANICAR INC shall not be deemed to have breached this arbitration agreement or infringed the powers of the arbitrator for having done so.
Transfer of Rights and Obligations
You hereby grant MECHANICAR INC the right to, and irrevocably acknowledge and agree that MECHANICAR INC may at any time, transfer all or any part of its rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement to any of its affiliates without requiring your further specific agreement. MECHANICAR INC agrees to use all reasonable endeavours to provide notice to you of any transfer by way of a posting on the Site. You may not at any time, without the prior written consent of MECHANICAR INC, transfer all or any part of your rights, benefits, obligations or liabilities (whether express or assumed) under this User Agreement without the prior written consent of MECHANICAR INC.
If any clause of this User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of this User Agreement. This User Agreement (as amended from time to time in accordance with the terms of this User Agreement) sets forth the entire understanding and agreement between you and MECHANICAR INC with respect to the subject matter hereof. No person who is not a party to this User Agreement shall have any right to enforce any term of this User Agreement. If this User Agreement is translated into any language other than English, whether on the Site or otherwise, the English text shall prevail.
This User Agreement is governed by, and construed in accordance with, Canadian law. This clause will survive any expiry or cancellation of this User Agreement for any reason.
Warranty legal terms and conditions
It is the sole responsibility of the user to inquire as to the warranty given on any service procured through the website. MechaniCar Inc. is in no way responsible for the enforcement of this or any other extended warranty and it is the users’ sole responsibility to ensure that good and services procured are being offered with a standard or extended warranty.
For any more clarifications, kindly contact us