Terms of Service

Introduction

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Modifications

We reserve the right to alter this Terms and conditions 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 Terms.

Privacy and data protection

Please read our privacy statement. The laws of England and Wales apply to this website and any disputes about the use of this website will be dealt with by the courts of England and Wales.

Service Overview

yesmechanic provides an online service that enables users to access a network of independent third party vehicle service providers (auto-businesses, mechanics, technicians or other independent contractors) (“Technicians”), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, towing or related services (“Vehicle Services”). You acknowledge that we do not supervise, direct, or control a auto-business, technician’s work or Services performed in any manner. A auto-business technician provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of yesmechanic for any purpose whatsoever.

WE DO NOT PROVIDE VEHICLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD PARTY PROVIDER.

Payments and Refunds

All payments are final and non-refundable. yesmechanic is free to join and payment required for service provided. If you do choose to cancel your account in the future, you will be able to join for free at a later date and choose your paid plan. However, you are responsible for charges already incurred up until the point of cancellation. There is no proration, unless otherwise agreed in writing by yesmechanic, for partial periods.

Creating an Account

To use certain features of the Website, You must set up an account with yesmechanic (“yesmechanic Account”) and provide certain information about yourself as prompted by the Customer Information form, including your name, auto business name,gender, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy.

You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information. Your yesmechanic Account username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your yesmechanic Account.

yesmechanic will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorised use of your yesmechanic account, you shall immediately notify yesmechanic. It is your responsibility to keep your email address up-to-date on your account setup at yesmechanic so that we can communicate with you electronically.

Access to the website and content

This website is for information only; you should not rely on information on this website as being professional advice on any matter. You should get your own advice before taking or not taking any action because of any information you may have read on this site.

We cannot accept liability for any damages whatsoever including, indirect or consequential damages, loss of profits, as a result of your use or loss of use of this website or from downloading any virus. We will aim to allow uninterrupted access to this website, but access and availability of this website may be suspended, restricted or terminated at any time. yesmechanic cannot guarantee that this website is free from errors, viruses or bugs, so you must take your own action to protect your own computer before downloading information from the site.

User License

Permission is granted to temporarily download one copy of the materials (information or software) on yesmechanic’s website for personal, business transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may use this for your auto business but not: modify the materials; use the materials for any commercial purpose other than promoting your auto business, attempt to decompile or reverse engineer any software contained on yesmechanic’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server, unless agreed by us. This license shall automatically terminate if you violate any of these restrictions and may be terminated by yesmechanic at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Use of material

yesmechanic’s website is protected under copyright laws and international conventions. The names of yesmechanic’s products and services in the pages are yesmechanic’s trademarks.

yesmechanic grants you a non-exclusive, non-transferable and limited license that may not be sub-licensed to browse the yesmechanic website and use the yesmechanic website as follows:

Apart from any fair dealing for the purposes of private study, or criticism or review, as permitted under the UK Copyright Designs and Patents Act, 1988, no part of yesmechanic’s website pages may be reproduced anywhere, in any medium, or transmitted (including retransmission) in any form or by any means to, or stored in any other website or in any form of retrieval system other than for the purpose of review and consideration of the information contained on the pages for the purposes of informing the decision to purchase or otherwise use a yesmechanic auto business registered on the platform for product or service.

For all other purposes whatsoever prior permission, in writing, must be obtained from yesmechanic to use the information on these pages. The provision of such information does bestow the rights to the user to use the information for commercial, business or pecuniary gain other than through the purchase of the applicable and related yesmechanic product or service.

Copyrights/Trademarks

All content and materials available on www.yesmechanic.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.yesmechanic.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless through specifically authorized by www.yesmechanic.com through the paid section of the platform.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Vetting of Third Party Providers

Reviews for Auto businesses, technicians may be subject to an extensive vetting process before they can register their review on the yesmechanic Platform, including proof of work carried out. Although we may perform checks, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check of information or any information provided to the yesmechanic Platform.

When interacting with auto business technicians, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know.

WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE YESMECHANIC PLATFORM AND YOU HEREBY RELEASE YESMECHANIC FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE YESMECHANIC PLATFORM.

Disclaimer of Warranties.

The materials on yesmechanic’s Website are provided ‘as is’. yesmechanic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, yesmechanic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Limitation of Liability.

In no event will yesmechanic, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to yesmechanic under this agreement during the twelve (12) month period prior to the cause of action. yesmechanic shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the yesmechanic Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless yesmechanic, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

Links

yesmechanic has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by yesmechanic of the site. Use of any such linked web site is at the user’s own risk.

Severability

The provisions of this Agreement and its Terms and Conditions are severable. If any portion, provision, or part of this Agreement is held, determined, or adjudicated to be invalid, unenforceable, or void for any reason whatsoever, each such portion, provision, or part shall be severed from the remaining portions, provisions or parts of this Agreement and shall not affect the validity or enforceability of any remaining portions, provisions, or parts.

Governing Law and Jurisdiction

These terms and conditions shall be governed by and in accordance with English law and subject to the exclusive jurisdiction of the English Courts.