WEBSITE TERMS OF USE
1.1. These terms (“Terms”) govern your (“User”/”You”) use of our Program (“website”) located at the domain name www.mobile-mechanic.co.za
1.2. By accessing and using the Website, the User agrees to be bound by the Terms set out in this legal notice.
1.3. If the User does not wish to be bound by these Terms, the User may not access, display, use, or download and/or otherwise copy the Content of the Website.
DEFINITIONS
2.1. Contract: any agreement, albeit verbal, written, express or tacit between a Client and a Trader for the provision of goods and/or services by the Trader to the Client which is the result of our assistance.
2.2. Clients: Users wishing to use our Business and who register on the Website by entering their contact details and request quotes from Traders by providing details regarding particular goods and/or services required by the Client.
2.3. Traders: Users wishing to use our program and who register on the Website by entering their contact details and details pertaining to the goods and/or services they offer.
2.4. Services: the line of business offered by Mobile Mechanic is detailed in clause 5.
UPDATING THESE TERMS
3.1. We may change, modify, add to or remove from portions or the whole of these Terms.
3.2. Changes to these Terms will become effective when the changes are posted to the Website.
3.3. By accessing the Website, the User is bound to the version of the Terms published at the time of any visit to the Website. The User’s continued use of the Website following the posting of changes or updates will be considered notice and acceptance of the Terms including any changes or updates.
PRIVACY AND SECURITY
To ensure acquaintance with and awareness of the privacy measures and polices of Mobile Mechanic, the User is urged to read and understand Mobile Mechanic’s Privacy and Security Policy, outlining Mobile Mechanic’s commitment to the User’s privacy and the security of their personal information.
SERVICES
5.1. Mobile Mechanic offers the following services:
5.1.1. To Clients: providing contact and other information regarding the services and/or products of Traders and introducing Traders to Clients, as described in these Terms and on the Website, which services are offered for free;
5.1.2. To Traders: providing contact and other information regarding Clients who has requested to be introduced to Traders for the provision of particular services and/or products, as described in these Terms and on the Website, which services are offered in consideration for the fees as set out in the Payment Terms.
5.2. Mobile Mechanic reserves the right to determine who uses, and how they use the services.
GENERAL DISCLAIMER BY CLIENTS
6.1. Clients acknowledge that they are responsible for selecting Traders and to negotiate the terms of the Contract regarding the goods and/or services provided by the Trader.
6.2. Mobile Mechanic will not be liable in respect of any Contract between the Client and a Trader. In particular, but without limitation
6.2.1. Mobile Mechanic makes no warranty regarding the goods and/or services provided to a Client by a Trader as a result of an introduction made via the Website;
6.2.2. Mobile Mechanic is not responsible for the conduct of Traders or any other third party that may be represented on the Website; and
6.2.3. Mobile Mechanic shall not be liable for any loss or damages of any kind suffered by the Client resulting from or in relation to goods or services provided by a Trader.
6.3. Whilst Mobile Mechanic shall use its reasonable efforts to do so, it cannot guarantee that a Client will be able to find a Trader suitable for providing the goods or services required.
6.4. Mobile Mechanic does not guarantee that when it has forwarded the Client’s information to a suitable Trader that the Trader will contact the Client.
6.5. Client retains the right to modify or withdraw any request to be introduced to a Trader.
6.6. We advise clients to request additional references from contractors before awarding them the contract.
GENERAL DISCLAIMER BY TRADERS
7.1. Mobile Mechanic relies on Clients to specify and describe the goods and/or services required.
7.2. Mobile Mechanic makes no warranty regarding the accuracy of any information provided by Clients.
7.3. When a Trader provides information regarding the goods and/or services it provides and when a Trader responds to information regarding goods and/or services required by a Client, the Trader is responsible to ensure that it is legally and otherwise able to provide the relevant goods and/or services.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
8.1. All rights, title and interest in and to the works,including, but not limited to literary works, musical works, artistic works, text, tables and compilations, pictures, graphics, drawings, photographs, layout, charts, cinematograph films, sound recordings, sound and television broadcasts, programme-carrying signals, published editions, source code and computer programs embodied in the content displayed on the Website (“Content”) belongs to Mobile Mechanic, its affiliates or subsidiary, or any third party owners of the rights (“Owners”) and is protected under South African and international copyright laws.
8.2. Any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the Content or any component thereof will constitute any infringement of such copyright and other intellectual property rights.
8.3. The trademarks, names, logos and service marks (“Trade Marks”) displayed on the Website are the registered and unregistered Trademarks of Mobile Mechanic and/or the Owners.
8.4. Except as specified in these Terms and Conditions,the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content and Trademarks.
8.5. All rights in and to the Content and Trademarks is reserved and retained by Mobile Mechanic and/or the Owners, as the case may be.
8.6. Irrespective of the existence of Copyright, the User acknowledges that Mobile Mechanic and/or the Owners are the proprietors of all the Content and Trademarks on the Website, whether it constitutes confidential information or not, and that the User has no right, title or interest in any such material.
LIMITED LICENSE TO GENERAL USERS
9.1. Mobile Mechanic grants the User a non-exclusive,non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
9.2. This Website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Mobile Mechanic.
9.3. The license does not allow the User to collect product or service listings, descriptions or other information provided here,and does not allow any derivative use of this Website or the Content for the benefit of another merchant.
9.4. The User may not frame the Website or the Content without the express written consent of the Mobile Mechanic.
9.5. The User is restricted to use the Website and Content, only for lawful purposes and warrants that he/she shall not use the Website
9.5.1. to transmit material which is in violation of any law or regulation, which is obscene, threatening, racist, menacing, offensive,defamatory, in breach of an duty of confidence, in breach of any intellectual property rights, or otherwise objectionable or unlawful; and
9.5.2. other than for personal and non-commercial use,store on a computer, or print copies of extracts from the Website, and other than for personal and non- commercial use, “mirror” or cache any of the Content of Website on a server, or copy, adapt, modify or re-use the text or graphics obtained from the Website, without the prior written permission of Mobile Mechanic
9.6. Mobile Mechanic and the Owners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
9.7. Any unauthorised use terminates this license.
LIMITATION OF LIABILITY
10.1. Although Mobile Mechanic has taken reasonable care to ensure that the Content on the Website is accurate and that the User will not suffer loss or damage as a result of their use of the Website, the Website and all content, including any current or future offer of products or services,are provided on an “as is” basis and may include inaccuracies or typographical errors.
10.2. Use of the Website is entirely at the User’s own risk. The User assumes full responsibility for any loss or damage resulting from their use of the Website and their reliance on any of the Content or apart/s thereof, contained on the Website.
10.3. Mobile Mechanic makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Mobile Mechanic nor any holding company, affiliate or subsidiary, shall be held liable for any direct or indirect, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Mobile Mechanic is expressly advised thereof.
10.4. Without derogating from the generality of the above, Mobile Mechanic will not be liable for:
10.4.1. any interruption, malfunction, downtime or other failure of the Website or related database, system or network, for whatever reason;
10.4.2. any loss or damage in respect of customer data or other data, directly or indirectly, caused as a result of any malfunction of the Website or related database,system or network, power failures, unlawful access to or theft of data,computer viruses or destructive code on Mobile Mechanic or related database, system or network, programming defects or negligence; or
10.4.3. any event over which Mobile Mechanic has no direct control.
INDEMNITY
The User unconditionally and irrevocably indemnifies and holds Mobile Mechanic harmless against all and any loss, liability, actions,lawsuits, proceedings, costs, demands and damages of all and every kind,(including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the failure or delay in the performance of the services offered on the Website, the use of the services offered on the Website, the Content available on the Website or any other matter, directly or indirectly,related to the User’s use of the Website, whether due to Mobile Mechanic’s negligence or not.
GENERAL
12.1. This Website is controlled, operated and administered by or on behalf of Third Axis Repair Services CC [2008/257736/23] trading as Mobile Mechanic within the Republic of South Africa.
12.2. These Terms will be governed by the laws of the Republic of South Africa.
12.3. If any of the provisions of these Terms are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and the remainder of these Terms will continue to be in full force
12.4. These Terms constitutes the entire agreement between the Mobile Mechanic and the User with regard to the use of the Content and the Website.
13.COMPLAINTS
We welcome all comments / complaints / suggestions and will deal with them professionally and in the shortest possible time. In certain situations some complaints will fall outside our liability and we may not be able to help. Without limiting the generality of the above, mobile-mechanic will not be liable to handle complaints regarding any dealings between Customers and Tradesmen which do not relate to or arise out of a job listing on www.mobile-mechanic.co.za or the services provided by mobile-mechanic under these Terms and Conditions.
TRADE MEMBERS: PAYMENT TERMS
This section sets out our fees and payment terms for the Mobile Mechanic Services offered to Traders, which should be read in conjunction with our Terms and conditions.
But First, you’ll need to have:
Your own vehicle, tools and a great product knowledge.
You’ll need to have a Smart phone.
As a trader you are required to have a home computer with internet access.[PC or Laptop]
You’ll need to do electronic quotes / invoices and have a great email personality.
REGISTRATION
14.1 In Order to subscribe to our Service, the Trader must register an account to activate the service http://www.mobile-mechanic.co.za/apply
14.2 Account validation is required.
A color copy of I.D. or ID Smart Card or Passport, Driver License and 2 x proof of address will have to be sent for validation.http://www.handymandirect.co.za/
14.3 After registration, the Trader can buy credits to buy Leads and swap for SMS notifications.
14.4 Mobile Mechanic will then send SMS notifications to the Trader instantly as soon as a Client requests a quotation for a Job that falls within the Trader’s area and the selected goods and/or services offered by the Trader. Each such SMS notification sent will then be deducted from the Trader’s available SMS pool and will be sent as long as the Trader has an active SMS bundle.
SUBSCRIPTION FEES
From 19/04/2017 We have introduced an R 1500.00 once off joining fee to all contractors.
Free subscriptions to “single skill” traders in cosmopolitan areas and “multi skill” contractors in rural areas. Nobel
Noble No Expiry R 00.00 1 credit service charge on “Bad Lead” returns.
Pay & Go No Expiry R 00.00 Buy the lead, no credit return.
Premium 3 Months R 900.00 Bad leads, return all credits but 1.
6 Months R 1800.00 Bad leads, return all credits but 1.
12 Months R 3600.00 Get your13th month free.
Ultimate 12 Months R 30 000.00 No limits, all jobs are free.
Admin discretion, 3, 6, or 12 month @ R 2000/month. Must have 6 months experience on one of the other Premium sub types.
Please note: When your current subscription expire, you will automatically renew to the default Pay & Go subscription.
Purchasing Leads
Every job has a pre-selected budget entered by the customer. To access the customers contact details a small fee of 3% & less needs to be paid. The rand value of this percentage is converted into a credit amount. Only 3 contractors per customer. Please Note: We do not charge contractors that is unsuccessful, simply issue a “Bad Lead” to receive your credits back.
16.1. A Trader can purchase credits on the mobile-mechanic website, which will afford the Trader a certain amount of credits which can be spent on purchasing individual leads and/or SMS Bundles.
16.2. Leads can only be purchased directly from the Website using any of the permitted payment methods indicated in clause 18 below.
16.3. The cost of one credit is R 24.95 (including VAT).
16.4. The costs of any particular lead or the amount of credits required to purchase a lead will be determined based on the budget which the Client indicated for the goods and/or services required and will be determined by mobile-mechanic.
16.5. Upon purchasing a lead, the Trader is required to e-mail a introduction before calling. The Tradesman will receive the Client’s details and may contact the Client only for purposes to quote the Client in respect of the goods and/or services requested by the Client.
16.6. After contacting the Client, the Trader can update the status in respect of the lead to indicate either:
16.6.1. Successful: When the Trader was successfully awarded as “the Contract” as a result to the introduction referred to in this clause 16. In this case, the Trader will not receive any refund in respect of the amount paid to purchase the lead.
16.6.1.1 In the case where the client has posted other jobs ( those you did not bought ) and you continue to do those jobs ( whether or not you were aware of it been posted ) , the additional lead price will be charged.
16.6.2. Declined – in the event that a Trader contacts a Client upon purchasing a lead and is able to provide the Client with a quote, but the Client does not award a Contract to the Trader to provide the goods and/or services. Mobile Mechanic will refund the credits paid by the Trader in respect of purchasing the lead.
16.6.3. Disapprove – We might penalize your request for “Bad Lead ” credits if you are in the habit of giving over the phone estimates, continuously over charge your clients, missed your quoting appointment or decided not to continue servicing your client. We will retain all credits.
16.6.4. Penalty = “Opt out” We might penalize traders for missing appointments, sending quotes via SMS = wasting opportunities, [currently 2 credits]
16.6.5 Undecided – If a client has not yet decided on who to use when 30 days expire.
16.6.6. Full Refund – in the event that a Trader purchases a lead, but the Client cannot be contacted through the contact details provided by the Client, despite the Trader’s reasonable efforts to do so. The Trader need to update the status of the job to “Bad Contact” and follow through the reporting, requesting the refund of credits. Mobile Mechanic will refund the Trader the full amount paid in respect of purchasing the lead. mobile-mechanic reserves the right to contact or attempt to contact the Client before giving a full refund in these cases.
16.7.The Trader’s status update referred to in 16.6 will be done automatically and the refund [at times] can take up to 15 days to process.
16.8. The Trader must update the lead status within 30 (three zero) days of purchase or the opportunity to do so will expire. Amendments to expired jobs are not allowed.
16.9. Where the Tradesmen has updated the status as “Bad Lead” or “Opt Out” and the Client then call back to arrange for the work to be done, the job will be reactivated and the opportunity to leave a review will be available. The full credits will be deducted.
16.10. Traders are requested to inform Mobile Mechanic of any problems or issues arising between Traders and Clients as Clients can be suspended from using the Services where recurring and unacceptable behavior is identified.
16.11 Jobs being advertised as “ongoing projects”, [semi or permanent employment] will not have the opportunity to “Bad Lead”
16.12 Contacts obtained through mobile-mechanic are not allowed to be passed on / sold on to a third party. [Immediate dismissal]
16.13 Under-performing contractors [ less than 1 review per every 5 contacts ] will be put on the Pay & Go subscription for 60 days.
Contractors are expected to update their job’s status as it helps us with processing Bad leads.
SMS SERVICE
17.1. Credits purchased in terms of 16.1 can further be exchanged to purchase SMS Bundles. An SMS Bundle of [ currently 50] SMS’es can be purchased with 1 (one) Credit.
17.2. When a Trader purchases a lead, Mobile Mechanic will send an automated introductory SMS to the Client, which is deducted from the Trader’s available SMS pool, provided that the Trader has an active SMS Bundle.
17.3. Mobile Mechanic uses the cellular number provided by the Client and rely on the Client to ensure that their details are correct. Mobile Mechanic does not warrant that the SMS will be received by the Client.
Rating & Reviews
We use the following keywords to help assigning an overall score. Efficiency, Tidiness, Cost Saving, Transparency and Communication.
Payments
19.1. Payments are accepted as follows:
19.1.1. On-line, using the 3D Secure transactions service provided by www.vcs.co.za
19.1.2. By approved debit cards (all major banks);
19.1.3. By approved credit cards (all major banks).
19.2 Alternative Payments should be made to the below account and Email your deposit slip to [email protected]
19.3 In the event of an account closure, when a payment is made back to the trader an R35.00 transaction fee might be include.
Account closures
20.1 Mobile Mechanic retain the right to terminate subscriptions at our own discretion.
20.2 In certain circumstances, Mobile Mechanic will retain a trader’s account balance.
