These Terms and Conditions comprise the agreement (“Agreement”) between you and Michanic Ltd, governing your use of Michanic’s car mechanic requesting service (the “Service”) available viamichanic.co.za (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:“Michanic/we/us/our” refers to Michanic”Website” refers to michanic.co.za;”you/your” refers to the user of our online services;”Mechanic” refers to a car mechanic operating as part of the Michanic network with the consent of both the car mechanic and Michanic;”Network” refers Michanic’s network of Mechanics;”Booking” refers to a request by the user for the services of a Mechanic, which has subsequently been accepted by a Mechanic, where the Mechanic may be selected by Michanic;
The Service Michanic 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.
Changes to the Agreement 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 Website 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.
Intellectual Property You acknowledge that all of the intellectual property rights in the Service are owned by Michanic 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.
Liability 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 be implied by statute.Any liability for a 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:Loss of income or revenueLoss of businessLoss of profits or contractsLoss of anticipated savingsLoss of dataLoss of goodwillWasted timeand 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.
Contracted Parties A Booking represents a contract between you and the Mechanic. By using the Website to request the services of a Mechanic, you authorise Michanic 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 Michanic bears no liability for any services performed as part of a Booking, or for any warranties or assurances given.
Obligations Upon requesting a mechanic you undertake that you will, subject to the subsequent acceptance of the request by the Mechanic, undertake to the following obligations:
- Ensure that the specified vehicle is at or near to the address specified in the Booking details, at the agreed time.
- Provide the Mechanic with access to the vehicle for as long as it is necessary to perform the service.
- Ensure that your card details are valid and money is available to pay the mechanic immediately for the entire Booking value upon completion.
- Make any information available that may affect the ability of the mechanic to complete the agreed services.
- Respond to communications in a timely manner.
Minimum Labour Charge 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 address 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 Michanic.
Extra Charges 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 R250 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 R 400 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.
Quotations You agree that all quotations given by Michanic 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 Michanic 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.Additional WorkIn 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. Problem Diagnosis 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.
Rescheduling 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.
Cancellations 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.
Forced Cancellations 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 beyond 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.
Misdiagnosis of Problem 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:Instruct the Mechanic to continue carrying out the requested services unaltered, or Accept the Mechanic’s suggestion to alter the Booking, on the understanding that if the Mechanic is unable to carry out any services as a result of this alteration, you will be liable for an Extra-Late Rescheduling Charge, or Instruct the Mechanic to cancel the booking without carrying out any services, in which case the ordinary cancellation policies apply (see “Cancellation”).
Alterations At our sole discretion, we may allow you to add, remove, or otherwise alter the details of a Booking without charge. Michanic reserves the right to decline your requested alterations, with the Booking details and terms remaining unaffected.
Observation of Work 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 car care click’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.
Force Majeure 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:Acts of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster or War, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off or diplomatic relations or similar actions Terrorist attack, civil war, civil commotion or riots Nuclear, chemical or biological contamination or sonic boom Compliance with any law or governmental order, rule, regulation or direction, or any action taken by a government or public authority, including but not limited to imposing an embargo, export or import restriction, quota or other restriction or prohibition, or failing to grant a necessary licence or consent Fire, explosion (other than in each case one caused by a breach of contract by, or assistance of, the party seeking to rely on this clause or companies in the same group as such party) or accidental damage/Loss at sea Extreme adverse weather conditions Collapse of building structures, failure of plant machinery, machinery, computers or vehicles Any labour dispute, including but not limited to strikes, industrial action or lockouts Interruption or failure of utility service, including but not limited to electric power, gas, water or internet services.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.
Links to external sites 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. Generally 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.
Severance 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.
Third party rights 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.
Notices Any notice or other communication required to be given under this agreement shall be given to Michanic by email to [email protected] or through the Website where possible.
Governing Law and Jurisdiction These terms and conditions shall be governed by and in accordance with South African law and subject to the exclusive jurisdiction of the South African Courts.
Payment options accepted Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Michanic bank account, the
details of which will be provided on request.
Card acquiring and security Card transactions will be acquired for Michanic via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Michanic separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Responsibility Michanic takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. It is the customer’s responsibility to ensure that, when servicing or repairing a car that is still under manufacture warranty with Michanic, that the warranty is not deemed null and void. We are RMI accredited and while we are accredited, some manufacture warranties have strict policies on who can service the car or not.
Country of domicile This website is governed by the laws of South Africa and Michanic chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Variation Michanic may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information This website is run by Michanic (private company) based in South Africa trading as Michanic and with registration number 2018/449072/07.
Michanic contact details
Company Physical Address: Epsom Downs Office Park, 13 Sloan Street, Process House
Email: [email protected]
Telephone: 087 803 9000
Agreement last updated 9th October 2018.