Terms & Conditions

Terms & Conditions

Terms & Conditions
These Terms of Use (together with the documents referred to in them) govern your use of our website at www.mechanic-e.com and all related sites, services, applications, and tools, which we (toot information technology L.L.C) operate (the “Mechanic-e Services” or the “Services”. By using the Mechanic-e Services you confirm that you accept these Terms of Use and that you agree to abide by them.

Below are terms which you will find in this document and are defined as follows:

We: (toot information technology company) the owner and operator of Mechanic-e services, website & mobile application.
Service provider: Registered users who provide services within their field of work & expertise
Service seeker: Registered users who seek service of service providers might as well be referred to as “vehicle owner”
Request: A service request sent by service seekers to service providers, contains details about vehicle maintenance or parts.


Quotations: The response a service seeker gets from service providers, contains an offer with details about prices, duration and other data submitted as per request.

PART A – INFORMATION ABOUT US
The Mechanic-e Services are operated by toot information technology LLC (“We”). We are a limited liability company registered in The Hashemite Kingdom of Jordan under company national number 200168532 

PART B - TERMS APPLICABLE TO SERVICE SEEKERS
Part B of these Terms of Use sets out certain terms and conditions which are applicable to any person registering as a “Service seeker” on the Mechanic-e web service or mobile application or using the Mechanic-e Services.

1. Registering as a service seeker
In order to benefit from all the features of the Mechanic-e Services available to service seekers you will need to register with us as a service seeker by following the online prompts. You will be asked to provide certain information about yourself including your name, telephone number and email address. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you have provided, by updating your details, so we can communicate with you effectively.
By registering as a Service seeker you are forming a contract with us. The contract between us will consist of your registration details, these Terms and Conditions and our Privacy Policy.


2. Provision of Services to service seekers
Following registration, we will make certain services available to you free-of-charge. The services will include the ability to post details of any automotive repair or services or parts that you need a service provider to do for you (“Requests”), the ability to receive quotes from service provider to requests you have posted (“Quotations”) and the ability to post feedback in relation to any service provider you have used as a result of your use of the Website or mobile application (“Feedback”).
You must only post a Job if you have a genuine requirement for the work detailed to be performed. You must only post Feedback in relation to a service provider if you have used them as a result of your use of the Mechanic-e Services. In addition you must ensure that the content of any Job or Feedback you post complies with the provisions of our Acceptable Use Policy set out in Part D paragraph 2 below.


If you do decide to use the services of a particular service provider as a result of your use of the Mechanic-e Service, you agree to notify us by updating your Job details accordingly. You can do this by clicking the relevant button on your Job page to "accept" the Quotation.


Full details of the services available to drivers will be published through our website and the Mechanic-e application from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.


3. Our Responsibilities to you
We will provide the Mechanic-e Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the Mechanic-e Services as a service seeker you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
Although we have asked all users to use the Services responsibly, we cannot guarantee the accuracy, integrity or quality of any information you view or receive via the Services which is provided by third parties. This includes any information contained in the details of service providers who are listed in our directory (“Garages”) or Quotes you may receive from them.


If you use the Mechanic-e Services, you acknowledge and agree that we do not endorse or recommend any of the service providers who are listed or who use the Services and we do not check or verify any information which they post on or transmit via the Services. You shall be solely responsible for checking and verifying any information which you access via or receive via the Services before acting on it placing any reliance on it. If you choose to use the services of any service provider because of information you have received through your use of the Services you do so entirely at your own risk.
If you use the Services you also acknowledge and agree that information contained in any Quotes for requests you have posted are intended to be indicative only and will not form the basis of a binding contract between you and any service provider. If you choose to instruct a service provider to carry out any work for you as a result of your use of the Services we strongly recommend that you conclude your own written agreement with them clearly detailing the work to be done and the price to be paid. We will not be a party to any agreement or contract which you conclude with a service provider as a result of your use of the Services.


PLEASE NOTE: We will not under any circumstances have any responsibility to you or liability to you for the performance or quality of any work which you ask any mechanic to carry out or for any acts or omissions on the part of any mechanic.
PART C – TERMS APPLICABLE TO SERVICE PROVIDERS
Part C of these Terms of Use set out certain terms and conditions which are applicable to any person or business registering as a “Service provider” on our Website or using the Website as a Service provider (a “Service provider”).


1. Registering as a Service provider
In order to benefit from all the features of the Mechanic-e Services available to Service provider you will need to register with us as a Service provider by following the online prompts. You will be asked to provide certain information about your business including your business name, contact details and official registration papers. In addition you will need to provide proof of address and documents as part of the registration process. You must ensure that the information provided by you on registration is correct, complete and not misleading. You should also inform us promptly of any changes to the information that you provide, by updating your details, in order that we may communicate with you effectively.
By registering you are forming a contract with us. The contract between us will consist of your registration details, these Terms of Use, our Privacy Policy and our Code of Conduct.


2. Provision of the Services to Service providers
Following registration, we will make certain services available to you. The services will include the ability to include details of your business in our directory (“Garages”), the ability to view or receive details of requests which have been sent by service seekers (“Requests”) and the ability to send quotes for such requests (“Quotations”).


Please note that Listings must not contain any contact details for your business, although you will have the ability to communicate with Drivers using the Services' online messaging systems and you may also be given the opportunity to contact service seekers where you have submitted a Quote in response to a request they have sent. You must also ensure that any information you post to or transmit via the Services including any contents and Quotes complies with the provisions of our Acceptable Use Policy set out in Part D paragraph 2 of these Terms of Use below.


Full details of the services available to Service providers on our Website or mobile application will be published from time to time. We are continually seeking to develop and improve the services we offer and so we reserve the right, at our absolute discretion, to make changes to any part of the service without notice.


3. Membership and Payment Terms
In order to have your Listing published in the Service and in order to submit Quotes for Jobs, Service providers must become a member by paying the applicable annual membership fees (the "Membership Fees"). Information about our Membership Fees will be posted on the Website from time to time.


By submitting a Quote for any particular request you are also entering into a legally binding contract with us under which you agree to pay the notified Job commission (the “Job commission”) in the event that your Quote is selected by the service seeker or you are otherwise engaged by the service seeker to undertake the Job. Full details of the applicable Job commission for a particular Job will be shown to you before you submit a Quote for that request. You agree to notify us promptly (and in any event within five (5) working days) if you are selected or engaged by a service seeker to undertake any request in respect of which you have submitted a Quote, by updating your account details accordingly.


In the event that you fail to notify us that within five (5) working days that you were selected or engaged to undertake a request and we are informed that you were, or if we have reasonably grounds for believing that you were, you agree that you will be liable to pay the Job commission  to us together with an additional administration charge of 5 JOD’s (the "Non-Disclosure Administration Fee").


You agree that Job commission (and, where applicable the Non-Disclosure Administration Fees) are payable if you are selected or engaged to undertake a job, irrespective of whether the Job is ultimately completed or is cancelled. We shall be under no obligation to refund such fees in respect of any Jobs which are not completed or cancelled and refunds will only be given in our absolute discretion. Under no circumstances will requests for refunds be considered where they are made later than twenty (20) days after accepting a job and the commission related to it, or invoiced you for a Job commission, or made our first attempt to collect the Job commission from you.

Unless otherwise stated, all fees are quoted in Jordanian Dinars. You are responsible for paying all fees together with any applicable VAT by such method as we may reasonably require from time to time. Unless we have agreed in writing to invoice you for any fees due under this agreement (or agreed in writing to collect payment by some other method) we require that all fees be paid in cash, credit/debit card or cheques card or other payment method registered with us and you agree to pay all such payments immediately on the date that they become due. Where we have agreed to invoice you for any fees you agree pay all such invoices within thirty (30) days of the date of our invoice.


In the event that we are unable to collect of any fees from you other payment method provided (credit/debit card, cheque, bank transfer) or (where applicable) you have failed to pay any invoice submitted by us by the due date for payment, then (in addition to any other rights and remedies which may be available to us) you agree that we may charge a late payment administration fee of 5 JOD (the "Late Payment Administration Fee") together with interest on the overdue amount (from the due date up to the date of actual payment) at the rate of 5% per annum. In these circumstances, we also reserve the rights to suspend your access to or use of the Service until any outstanding sums are paid in full and/ or to terminate our agreement with you in accordance with Section 5 of Part D below.


Please note that payments made for Membership Fees are non-refundable irrespective of the number of Jobs which are notified to you and irrespective of whether or not you have submitted Quotes for Jobs.
By becoming a member you agree that your membership will renew every year, unless you have notified us before the renewal date that you do not wish to wish to renew your membership. You will receive an email fourteen (14) days and seven (7) days prior to renewal informing you that this is about to happen. You can cancel your subscription at any point prior to the renewal date by contacting us directly through email or phone or visiting our offices.


4. Our Responsibilities towards service providers
We will provide Mechanic-e Services to you using reasonable skill and care and in accordance with these Terms of Use. However, if you use the Services as a Service provider you acknowledge and agree that the services we provide are subject to the following limitations and disclaimers:
You acknowledge and agree that we will invite or enable Service providers to send Quotations to Jobs based on criteria which we (in our absolute discretion) may determine from time to time. In addition you acknowledge that the number of Quotes which may be posted or transmitted to a service seeker in relation to any particular Job may be limited in number and we may accept Quotes on a first come first served basis. Accordingly, we do not provide any guarantee that registering as a Service provider will result in you being invited to post Quotes in relation to any Jobs or in relation to any particular volume of Jobs, even if you have purchased membership. Nor can we guarantee that your use of the Services will result in you winning any work or any particular volumes or work.


You acknowledge and agree that we do not check or verify the details of any Jobs which are posted. We have asked all users to use the Services responsibly but cannot guarantee the accuracy, integrity or quality of any Jobs or other Material which is posted by third parties.


By registering as a Service provider you also understand and agree that service seekers who have used your services will be able to provide Feedback and we may give you a rating based on the Feedback you have received. Whilst we have asked all users of the Services to act responsibly, we do not actively monitor, check or verify Feedback which is posted. Accordingly, you acknowledge and agree that we (Mechanic-e & toot information technology) shall not have any responsibility to you or liability to you for any Feedback which is posted by any service seeker and we will not usually become involved or intervene in complaints or disputes concerning Feedback, although we reserve the right to do so in exceptional circumstances. You may, if you feel that Feedback is misleading or incorrect, contact us and we will investigate but we shall not be obligated to take any action.


The company guarantees the privacy of the information provided by you, including prices and commissions, the number of jobs executed and their value, which were provided to service seekers by you, any information related to applications and jobs are protected and will not be given or provided to any third party.

5. Your Responsibilities
You agree to abide by these Terms of Use when using the Mechanic-e Services and in your dealings with Service seekers.
You also agree to abide by the Mechanic-e Code of Conduct at all times when using the Mechanic-e Service and in your dealings with any Servicer seekers.


You agree that we shall be entitled to permanently or temporarily suspend your access to and use of the Mechanic-e Service and/ or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms of Use or Code of Conduct, or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental the Mechanic-e Service or its reputation. Under these circumstances we shall not be obliged to give you a refund of any Membership Fees or Success Fees you have paid.


You agree that you will only use any information concerning any Service seeker and any Jobs they have posted, which we provide to you or which you obtain via the mechanic-e Service, for the purpose of providing a Quote to that Driver and (if your are selected to undertake the work) for the purposes of undertaking the Work. You agree that you will not use such information for any other purpose without first obtaining the Driver's prior consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.


You shall be solely responsible for checking and verifying the details of any Job which is posted on this Website before you agree to undertake any work for a Service seeker and for agreeing with the Driver the terms on which any work will be performed.


You shall be responsible for complying with all applicable laws and regulations in your dealings with Service seekers and for the performance and quality of any work which you agree to undertake for any Service seeker.
You agree that you must only use the Services in connection with your own business and must not (without our prior written consent) use the Services for the benefit of any other business providing automotive repair and maintenance services.


PLEASE NOTE: By registering as a Service provider and by using the Mechanic-e services you are agreeing that you shall be solely responsible for and shall indemnify us and hold us harmless from any costs, losses or claims which may result from any information you submit or transmit via the Services or from any work which you agree to perform for any Service seeker or from your dealings with any Service seeker or your use of their information.
PART D – GENERAL TERMS APPLICABLE TO ALL USERS
Part D of these Terms of Use set out certain terms and conditions which are applicable to all users of the Mechanic-e Service including Service seekers and Service providers.


1. Passwords and Security
If you register to use Mechanic-e Services you will be asked to provide both a valid and current phone number and email address. You will then be able to set a password in order to activate and access your account and use Mechanic-e Service. You must keep your account credentials confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorised use of your account credentials.
If you believe there has been a breach of security such as the disclosure, theft or un-authorised use of your account credentials, you must notify us immediately. If we reasonably believe that your Credentials are being used in any way which is not permitted by these Terms of Use, we reserve the right to suspend access rights immediately on giving notice to you and to block access from your account until the issues has been resolved.


2. Acceptable Use Policy
The Services allow registered users to create, edit and submit material for inclusion on or transmission via the Services, including (without limitation) by creating Listings, posting Jobs, posting Quotes for Jobs and posting Feedback (“Material”). Whilst we do not seek to monitor or control the submission of Material, we do reserve the right to delete, move and edit any Material submitted where (in our absolute discretion) we consider it prudent or necessary to do so.
You agree to comply with all applicable laws and regulations when using the Services. You are solely responsible for all Material you submit for inclusion on or transmission via the Services. You must ensure that all Material you transmit via the Services is lawful and honest. In particular you must not post or transmit via the Services any Material that:
    •    is fraudulent, dishonest or misleading;
    •    is unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or breaches any laws;
    •    encourages conduct that constitutes a criminal offense, gives rise to civil liability or otherwise breaches any applicable laws, regulations or code of practice;
    •    infringes the copyright or other rights of any third party;
    •    is technically harmful (including, without limitation, computer viruses or other malicious software or harmful data).
By submitting Material to us you are granting us a royalty-free, non-exclusive license to use, reproduce, modify, translate, make available and distribute the Material on or through the Services for the purpose of operating the Services


3. Disclaimers
Whilst we try to ensure that the information available on or through the Services is correct, up to date and accurate we do not warrant the accuracy and completeness of such material. In particular (but without limitation), the Mechanic-e Services permits you to access and receive information supplied by third parties. The third parties submitting this information are responsible for ensuring that material submitted is accurate and complies with relevant laws and codes. We will not be responsible to you for the conduct of any such third party or for any error or inaccuracy in any material they supply.
Although we aim to offer you the best service possible, we make no promise that the Mechanic-e Services will meet your requirements. We cannot guarantee that the Services will be fault or virus free or continuously available. Your access to the Services may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We may discontinue the Services, or any part thereof by giving reasonable notice at any time.


4. Liability
To the fullest extent permitted by law, we exclude all liability to you for any loss of profit, loss of opportunity, loss of earnings, loss of anticipated earnings or loss of data or for any indirect or consequential losses howsoever arising out of your use of Mechanic-e Services or any fault or problem relating to the Services or any content received via the Services.
Nothing in these terms of use shall exclude or limit our liability for death or personal injury due to our negligence or for fraudulent misrepresentation or for any other liability which can not be excluded or limited under applicable law. Your statutory rights as a consumer are not affected by these Terms and Conditions.


5. Termination of Services
We may suspend or cancel your registration and/ or terminate your access to Mechanic-e Services and/ or our agreement with you, if you are in breach of these Terms of Use or have made improper use of the Services.
You may cancel your registration at any time by informing us in writing. If you do so you must stop using The Services. If you are a Service provider and terminate your subscription early, you will not be entitled to a refund of any Membership Fees and Job commission Fees you have already paid or issued after doing job to service seekers.
The suspension, cancellation or termination of your registration and your right to use The Services shall not affect either party’s statutory right or liabilities.


6. Intellectual Property
Unless otherwise stated, the copyright, database right and other intellectual property rights in the Mechanic-e Services (including without limitation all content, data, materials and technology used or appearing in the Services or transmitted through it) belongs to us or our licensors. All rights are reserved.
By using the Mechanic-e Service you acknowledge and agree that we collect aggregated and anonymous data concerning usage of the Mechanic-e Service and the requests and Quotes submitted via the Mechanic-e Services. You agree that all intellectual property rights and other rights in such data shall belong to Mechanic-e (toot information technology LLC) and we may use this data for any purpose whatsoever. However, this data will not include any information from which particular users of the Mechanic-e Services (including any service seekers or providers) can be identified.


7. Privacy and Cookies
The Mechanic-e website and mobile application includes areas where you are requested to input information about yourself. Any information you submit to us shall be subject to the terms of our Privacy Policy. We use cookies on our Website. By registering use you are consenting to our use of cookies in the ways described in our Privacy Policy


8. General
Post using the contact details set out in Part A above, or to you at either the email or postal address you provide during registration. Notice will be deemed to be given when an email is received (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 2 working days after the date of posting.
If any provision of these Terms of Use is held by any court of competent authority to be void or unenforceable in whole or in part, the other provisions of these Terms of Use and the remainder of the affected provisions shall continue to be valid.
The failure to exercise a right or remedy provided by these Terms of Use or by the law does not constitute a waiver of other rights or remedies.
We may revise these Terms of Use at any time. You are expected to check these Terms of Use from time to time to take notice of any changes we make as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Website.


9. Applicable Law
These Terms and Conditions will be subject to the laws of the Hashemite kingdom of Jordan and Jordanian courts shall have jurisdiction to resolve any disputes between us.