These Terms and Conditions in addition to our Privacy Policy and Booking Policies comprise the agreement ("Agreement") between you and ClickMechanic Ltd, governing your use of ClickMechanic Ltd’s car mechanic requesting service (the "Service") available via clickmechanic.com (the "Site"). Any of (i) your checking of the "I Accept" box for this Agreement, (ii) your use of the Service or (iii) your requesting a car mechanic indicate that you have agreed to this Agreement. If you do not agree to all of the terms and conditions of this Agreement, please do not check the "I Accept" box, use the Service or request a car mechanic.
In these terms and conditions:
ClickMechanic provides an online service, enabling you to access to our network of car mechanics and request for one of these mechanics to travel to a specified location to diagnose a problem with your car, to repair your car and/or perform maintenance on your car.
We reserve the right to alter this Agreement at any time and it is your obligation to check if changes have been made. Your use of the Website after changes are posted on-line shall constitute acceptance of the new Agreement.
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our Website, or our entire Website, to users who have registered with us, or in accordance with any information which you have made available to us under this Agreement.
To gain access to certain services on the Website you will need to register (free of charge). As part of the registration process, you will be given a username and password. You agree that the information supplied with your registration will be truthful, accurate and complete. You also agree that you will not attempt to register in the name of any other individual nor will you adopt any username with we deem to be offensive. All personal information supplied by you as part of the registration process will be protected and used in accordance with the terms of our Privacy Policy.
You acknowledge that all of the intellectual property rights in the Service are owned by ClickMechanic or its licensors. You shall not (i) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Service; or (ii) rent, lease, loan, or sell access to the Service. We reserve the right to modify, enhance, or discontinue the Service at any time.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on you any licence or right under any trade marks, names or logos.
We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
Except as expressly permitted by these terms and conditions, you may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of the Website. In particular, you must not cache any of the contents for access by third parties nor mirror or frame any of the content of the Website nor incorporate it into another website without our express written permission.
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise by implied by statute.
Any liability for an direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including without limitation any liability for:
and for any other loss or damage of any kind, howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
We are not liable for any failure to perform any of our obligations under these terms and conditions
A party, provided that it has complied with the other provisions of this Agreement, shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond its reasonable control (Force Majeure Event), including but not limited to any of the following:
The corresponding obligations of the other party or parties will be suspended to the same extent as those of the party first affected by the Force Majeure Event.
Any party that is subject to a Force Majeure Event shall not be in breach of this agreement provided that it promptly notifies the other parties of the nature and extent of the Force Majeure Event causing its failure or delay in performance, and it has used all reasonable endeavours to mitigate the effect of the Force Majeure Event to carry out its obligations under this agreement in any way that is reasonably practicable and to resume the performance of its obligations as soon as reasonably possible.
The Website contains hypertext links to external websites that are not operated by us. We do not control such websites and are not responsible for their content. Our inclusion of hypertext links to such websites does not imply any endorsement of the material contained on the websites or of the owners.
We reserve the right to assign or subcontract any or all of our rights and obligations under these terms and conditions to a third party. If we exercise this right, we shall name the assignee or subcontractor on the Website and you will be entitled to terminate the account within 5 working days. You may not without our prior written consent assign or dispose of any rights or obligations arising under these terms and conditions.
If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
If any invalid, unenforceable or illegal provision of this agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not party to this agreement.
Any notice or other communication required to be given under this agreement shall be given to ClickMechanic by email to mail@clickmechanic.com or through the Website where possible.
These terms and conditions shall be governed by and in accordance with English law and subject to the
exclusive jurisdiction of the English Courts.
Agreement last updated 6th November 2015.
These policies form part of the Agreement (as specified in the Terms & Conditions) between you and ClickMechanic Ltd, in particular relating to Bookings.
A Booking represents a contract between you and the Mechanic. By using the Website to request the services of a Mechanic, you authorise ClickMechanic to enable the Mechanic to collect payments relating to the Booking via any payment methods you provide to us, including for any discretionary charges stated in this Agreement. You accept that ClickMechanic bears no liability for any services performed as part of a Booking, or for any warranties or assurances given.
Upon requesting a mechanic you undertake that you will, subject to the subsequent acceptance of the request by the Mechanic, undertake to following obligations:
When the Mechanic has provided any services (including repairs, maintenance, diagnostics and supply of parts) a Booking will be subject to a "Minimum Labour Charge" as specified in this Agreement at the time the request was placed. This minimum charge shall be determined by which Nomenclature of Territorial Units for Statistics (NUTS) level 1 subdivision the postcode provided at the time of booking is located in, as determined by the Office for National Statistics. The amount shall be as set out in the table below, and may only be reduced or waived with the mutual consent of both the Mechanic and ClickMechanic.
| NUTS level 1 subdivision(s) | Minimum Labour Charge amount |
|---|---|
| London | £59.40 |
| South East England | £53.10 |
| East of England | £46.80 |
| South West England | £44.10 |
| East Midlands, North East England, West Midlands, Yorkshire and the Humber | £42.30 |
| North West England, Northern Ireland, Scotland, Wales | £41.40 |
Any invoiced amounts for goods or services other than labour provided by the Mechanic will not count towards this minimum. This includes, but is not limited to, amounts relating to: parts fitted to the specified vehicle, re-stocking fees for parts to be returned to the Mechanic's supplier(s), and disposable items used by the Mechanic in the course of providing the services requested.
These charges represent the amounts and circumstances under which extra charges may be incurred, as detailed under the “Rescheduling”, “Cancellation” and “Alterations” sections.
Late Cancellation, Late Rescheduling – Up to £20 for cancelling/rescheduling with less than 24 hours notice before the earliest scheduled arrival time specified in the Booking details.
Extra-Late Cancellation, Extra-Late Rescheduling – Up to £40 for cancelling/rescheduling after a Mechanic has started travelling to the location specified in the Booking details.
In-Progress Cancellation – When a Booking is cancelled after a Mechanic has started Work upon the specified Vehicle, you will be charged for any labour costs already incurred and parts already fitted, in addition to any labour costs incurred in restoring the Vehicle to its original state (if requested), and subject to our Minimum Labour Charge.
You agree that all quotations given by ClickMechanic shall be treated as estimates, and that the total cost of the Booking may differ from the quotation shown when submitting a request through the Website.
You accept that any prices given by ClickMechanic are based on a vehicle in good condition and under normal circumstances and that you may be charged for extra costs arising from any unexpected circumstances or the condition of the vehicle.
In the course of fulfilling the Booking, the Mechanic may suggest additional diagnostics, repairs or maintenance be carried out, and may provide an estimate for the additional cost of carrying out all or part of these additional services. By accepting this estimate you grant permission for the Booking to be amended to reflect this additional work and for payment to be collected for this work in the same manner as previously agreed.
Where you have requested for a problem to be diagnosed (a “Diagnostic Inspection”), you accept that a diagnosis may not always be possible within the duration specified in the Booking. In this case the Mechanic undertakes to report to you the outcomes of any checks performed, and advise you on the next steps. The Mechanic must obtain permission before incurring any additional, chargeable costs.
When the fault is diagnosed as a small repair which can be fixed without parts and within the labour time of the diagnostic, the Mechanic will carry out this repair at no extra cost.
Subject to the agreement of any Mechanic assigned to the Booking, you may reschedule a Booking to another time and/or date. This may be done without charge when giving a minimum of 24 hours notice before the earliest scheduled arrival time specified in the Booking details. When less than 24 hours notice is given, we reserve the right to make Late Rescheduling and Extra-Late Rescheduling charges (as specified under “Extra Charges”) on behalf of a Mechanic at our sole discretion.
You have the right to cancel a Booking without charge when giving a minimum of 24 hours notice before the earliest scheduled arrival time specified in the Booking details. When less than 24 hours notice is given, we reserve the right to make Late Cancellation, Extra-Late Cancellation and In-Progress Cancellation charges (as specified under “Extra Charges”) on behalf of a Mechanic at our sole discretion.
If after arriving on site, having made reasonable efforts that would not incur further chargeable costs, the Mechanic is unable to carry out any services for reasons beyonds his control, then the Booking will be cancelled and we reserve the right to make Extra-Late Cancellation or In-Progress Cancellation charges (as specified under “Extra Charges”). Possible reasons include, but are not limited to: your failure to meet your obligations under this Agrement; the requested services are not suitable for the vehicle; you have provided incorrect information that affects the labour or parts required.
After arriving on site the Mechanic may express an opinion to you that the requested services may not lead to your intended outcome (a "Misdiagnosis"), and may suggest alternate services such as further repairs or diagnosis. In this circumstance you may choose to either:
At our sole discretion, we may allow you may add, remove, or otherwise alter the details of a Booking without charge. ClickMechanic reserves the right to decline your requested alterations, with the Booking details and terms remaining unaffected.
Please be aware that you enter the work area at your own risk. You should always maintain a safe distance when observing the work and follow any instructions given by the mechanic. You accept that you are not covered by your mechanic's liability insurance to be in the vicinity of a car being worked on, and as such are not insured against any personal injury or damage that may result from being there.
This policy forms part of the Agreement (as specified in the Terms & Conditions) between you and ClickMechanic Ltd. All personal information collected and used by ClickMechanic will be used in accordance with the 1998 Data Protection Act in the United Kingdom.
We may collect and process the following data about you:
When using the Website or Service you will be requested for necessary personal information. This information will only be used to help administer any services you have requested, and to inform you of other services which we feel will be of interest to you.
Unless we receive a statement from you explicitly stating you do not want to receive electronic communications it will be deemed that the receiver of the electronic communication has consented to receiving such a communication. You have the ability to opt-out of receiving electronic communications at any point of using our service. This opt-out can be found on the footer of any marketing communication sent to you.
We have taken measures to ensure that information supplied to us is held securely. Therefore we may occasionally request proof of identity before allowing access to any of this personal information.
You have the right to access any personal information supplied to ClickMechanic and change any inaccuracies held. Registration to the Website
The website will collect email addresses in order to send registrants their chosen password, which will enable member’s online access to the website. The user can access this information at any time in order to update any of their details. Other registration information is collected in order to generate a profile of the visitors using the ClickMechanic website. This information will then be used to aid the ClickMechanic development team to create more relevant content for our users.
In the course of providing quotations on behalf of the Network the Website will collect names, email addresses, vehicle details and details of the mechanical work desired. We may use this information to send you useful emails relating to your quotation, vehicle or desired mechanical work.
In the process of requesting a Mechanic through the Service, we will gather personal information including names, addresses, contact details, and vehicle details. In addition to the uses outlined elsewhere in this Policy, we may share any of these details with any Mechanics in the Network for purposes including: deciding whether to accept a request, fulfilment of the subsequent Booking including the collection of any monies owed, ordering of parts, offering opinions related to the request, or any other reasonable purpose.
ClickMechanic does not store the credit/debit card information necessary to collect payments, however we use a PCI-DSS compliant third party to store these details on our behalf. We endeavor to protect the security of your credit/debit card information during transmission by using Secure Sockets Layer (SSL) technology. We may retain a limited and incomplete record of your credit/debit card information for presentational purposes.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (the EEA). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in (among other things) the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
We use the information you provide us with to operate our site (display ads, etc.), make our site better, and provide you with the services you ask us to.
All details supplied to ClickMechanic will be safeguarded by our privacy policy and also the United Kingdom 1998 Data Protection Act. Where services within the website include the use of third parties to help carry out that particular service your personal details will be required to be passed to these parties. Your agreement to these terms and conditions includes consent for your data to be used by others to provide those services.
When you visit ClickMechanic.com we issue a "cookie" file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. Cookies are widely used in order to make websites work, as well as to provide information. Cookies enable us to: improve the use of our Website; to recognise your computer; to store settings to help facilitate your use of our Website; and to deliver a better and more personalised service.
Some of the cookies used are essential for the Website to operate. You may block all or some cookies from this Website. However, if you use your browser settings to block cookies (including essential cookies) you may not be able to access ClickMechanic.com. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you enter our Website.
For more information about cookies or for details on deleting them or refuse their installation on your computer, visit http://www.aboutcookies.org
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