Terms And Conditions

Overview

These Terms of Use, together with our limited warranty (the “Limited Warranty”) and privacy policy (the “Privacy Policy”), as well as any rules, policies, terms, and conditions referenced or linked herein, collectively constitute the “Agreement.” This Agreement forms a legal contract between you (“you”) and Mechanigo Ph, including its subsidiaries and affiliated brands (hereinafter referred to as “Mechanigo,” “we,” or “us”). These Terms govern your access to and use of applications, websites, content, products, programs, and services provided by Mechanigo (collectively, the “Services”). This Agreement also includes a provision requiring arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with the Terms, you are not permitted to access or use the Services. These Terms, along with any supplemental terms (“Supplemental Terms”) that may apply, override any previous agreements or arrangements between us and take precedence over any other information you may have encountered, whether on our website, in emails, or through other applications. Mechanigo may terminate this Agreement or any Services related to you at any time, with or without cause, and may also suspend or deny access to the Services, in whole or in part, at its sole discretion.

Supplemental Terms refer to any additional terms or policies specific to a certain Service, including the Mechanigo Privacy Policy, which are provided with that Service. Supplemental Terms might also include conditions for particular events, activities, programs, or promotions. In the event of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall take precedence concerning the applicable Service(s).

Mechanigo reserves the right to amend these Terms at any time. Such amendments will be effective once posted by Mechanigo. By continuing to access or use the Services after such postings, you consent to be bound by the revised Terms.

By accessing and using the Services, you confirm and warrant that: (i) you are at least 18 years old and legally recognized as an adult in your jurisdiction; and (ii) you possess the authority and capacity to enter into this Agreement and comply with these Terms. If you are acting on behalf of a company or organization, you represent that you have the authority to bind that entity to this Agreement. The Services are not available to individuals under 18 or to anyone whose account has been terminated. Your account cannot be used to provide Services on behalf of another individual.

The Services

The Services provided by Mechanigo Ph encompass a technology platform, accessible via websites and mobile applications (the “Mechanigo Platform”), that allows users to connect with a network of vehicle service providers (including mechanics, technicians, inspectors, or other independent contractors) (“Technicians”), and/or to schedule vehicle inspections, diagnostics, maintenance, repairs, towing, or related services (“Vehicle Services”).

License. Subject to your adherence to these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services as outlined in this Agreement. All rights not explicitly granted here are reserved by us.

Restrictions. You are prohibited from: (i) removing any copyright, trademark, or other proprietary notices from any part of the Services; (ii) reproducing, modifying, creating derivative works from, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, performing, transmitting, streaming, broadcasting, or otherwise exploiting the Services, except as expressly permitted by us; (iii) decompiling, reverse engineering, or disassembling the Services, except where allowed by applicable law; (iv) linking to, mirroring, or framing any part of the Services; (v) launching any programs or scripts aimed at scraping, indexing, surveying, or data mining any part of the Services, or unduly burdening or disrupting the operation and/or functionality of any part of the Services; or (vi) attempting to gain unauthorized access to or impair any part of the Services or its related systems or networks.

Ownership. The Services and all related rights are and shall remain the exclusive property of Mechanigo. These Terms and your use of the Services do not grant you any rights to or related to the Services, except for the limited license provided above. You also do not receive any rights to use or reference our company names, logos, product and service names, trademarks, or service marks. All content displayed on the Mechanigo Platform is our property or that of our partners and is protected by international copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (collectively, “Marks”) of Mechanigo. You may not use our Marks for any purpose except in accordance with our Trademark Usage Policy. All other Marks belong to their respective owners and may not be used without prior written consent.

Service Incidents. We reserve the right to change, modify, suspend, or discontinue all or any portion of the Services at any time, with or without reason. You acknowledge that the operation of the Services may occasionally encounter technical or other issues that may interrupt service or lead to technical or other errors. Mechanigo shall not be liable to you or others for any such interruptions, errors, or problems, or for any complete discontinuation of the Services. Mechanigo has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

We will make reasonable efforts to maintain the Services during our regular business hours, except for: (i) planned downtime (for which we will attempt to provide prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, government actions, floods, fires, earthquakes, civil unrest, acts of terror, strikes, labor disputes, or Internet service provider failures or delays.

Your Use of the Services

User Accounts.

To access and use most features of the Services, you must register and maintain a user account (“Account”). Registering for an Account requires you to provide certain personal details, such as your name, email address, home address, vehicle information, and/or mobile phone number, as well as at least one valid payment method (e.g., a credit card). You agree to submit accurate, complete, and current information during registration and to update your Account information as necessary to keep it accurate. Vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, and other relevant details necessary for the services you request. Failing to maintain accurate, complete, and up-to-date Account information may lead to restricted access to the Services or to Mechanigo Ph terminating this Agreement. You are responsible for all activities conducted under your Account and agree to keep your Account username and password secure and confidential at all times. Mechanigo is not liable for any losses you incur as a result of unauthorized use of your password by others. You must notify us immediately of any unauthorized use of your Account or any security breach that you become aware of in connection with Mechanigo.

Scheduling a Job.

When requesting an appointment for Vehicle Services (a “Job” and a “Job Order”), you may be asked to specify the type of service you believe is needed, the location where you would like the Job performed, and the preferred date and time. It is your responsibility to ensure that the location you provide is suitable for the Job and that the Technician has the necessary access, permissions, and legal authorization to perform the Job at that location.

After submitting a Job Order, we may provide you with a price estimate and/or a list of potential Technicians, along with their experience and ratings based on previous customer reviews (if applicable). We reserve the right to modify, add, or remove items and/or adjust pricing at any time before billing you. If you and the Technician agree to modify, add, or remove items in the Job Order or to reschedule a Job, these changes must be documented within the Mechanigo Platform by either you or the Technician. Rescheduling a Job through the Mechanigo Platform may incur additional fees.

You agree to treat Technicians with courtesy and respect, to provide a safe and appropriate working environment in compliance with all applicable laws and regulations, and to offer reasonable cooperation to enable Technicians to complete the Job. The availability of independent Technicians on the Mechanigo Platform is beyond our control, and you acknowledge that your selected Technician may occasionally be unavailable due to reasons such as illness or vacation.

Mechanigo does not install parts provided by the customer. If you wish to proceed with our services, all parts must be sourced and provided by Mechanigo.

Plastic, composite, and rubber engine and cooling system components often become fragile over time due to age and temperature changes, which can lead to breakage or disintegration during disassembly or handling. You understand that Mechanigo will not be held responsible for such component failures. In the event of such a failure, Mechanigo will provide you with a revised estimate to include the replacement of the failed component.

If you wish to receive the replaced vehicle parts after the completion of the Job, please email us at ask@mechanigo.ph. If applicable, you will be charged the core price for the replacement part, and you will be responsible for the proper disposal of such parts in compliance with all relevant laws, regulations, and rules. However, any defective parts removed from your vehicle in connection with servicing a claim under our Limited Warranty must be returned to us.

Communications.

You expressly consent and agree to receive communications from us, including emails, text messages, calls, and push notifications, to the cellular phone number you provided. You understand that these communications may be generated by automated telephone dialing systems and may deliver pre-recorded messages sent by or on behalf of Mechanigo Ph, its affiliated companies, or Technicians. These communications may include operational messages concerning your Account, use of the Mechanigo Platform or Services, updates regarding new and existing features, promotions, and news related to our Services.

You may opt out of receiving text (SMS) messages from us at any time by texting the word STOP from the mobile device receiving the messages. Please note that opting out of receiving text messages may affect your use of the Services. You agree to our use of a service provider to mask your telephone number when you call or exchange text messages with a Technician. During this process, we will receive and store data, including the date and time of the call or text message, phone numbers, and the content of text messages. You consent to our use and disclosure of this data for legitimate business purposes.

We may send you confirmation and other transactional emails related to the Services. Additionally, we may send you emails or text messages about services that we believe may be of interest to you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking the unsubscribe link in our email communications or by contacting us directly.

Promotional Codes or Credits.
We may offer promotional codes or credits that can be redeemed for Account credits or other features or benefits related to the Services and/or a Technician’s services, subject to any additional terms associated with each promotion (“Promo Codes”). You agree that Promo Codes: (i) must be used by the designated recipient and for the intended purpose, following all legal guidelines; (ii) cannot be duplicated, sold, transferred, or made publicly available (e.g., posted on public forums) unless explicitly authorized by us; (iii) may be disabled by us at any time for any reason without liability to Mechanigo Ph; (iv) are only valid according to the terms we set for the specific Promo Code; (v) cannot be redeemed for cash; and (vi) may expire before you use them. Mechanigo reserves the right to determine the appropriate usage of Promo Codes, and to withhold or deduct credits or other benefits gained through the use of Promo Codes if we determine that the Promo Code usage was erroneous, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

User Content.
You may be permitted to submit, upload, publish, or otherwise make available text, audio, visual content, and other information, including feedback about the Services, support requests, and entries for competitions and promotions (“User Content”). Any User Content you provide remains your property. However, by submitting User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, display, distribute, publicly perform, and otherwise exploit such User Content in all formats and distribution channels now known or later developed, without further notice or consent from you, and without any payment required to you or any third party. Additionally, we may use any ideas, concepts, know-how, or techniques embedded in your User Content for any purpose, including developing, marketing, and selling products and/or services that incorporate the User Content. You represent and warrant that: (i) you are either the sole owner of all User Content or have all necessary rights, licenses, consents, and releases to grant us the license as outlined above; and (ii) neither the User Content nor your submission of it will infringe upon or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any applicable laws or regulations. You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, unlawful, or otherwise offensive, as determined by us in our sole discretion, regardless of whether such material is protected by law. We may, but are not obligated to, review, monitor, or remove User Content at our discretion, at any time, for any reason or no reason, without notice to you.

Network Access and Devices.
You are responsible for securing the appropriate hardware or devices and data network access necessary to use the Services. The Services may experience malfunctions and delays inherent in using the Internet and electronic communications, and we are not liable for any such malfunctions or delays.

Payment Terms
You acknowledge that using the Services may incur charges for the Vehicle Services you receive from a Technician (“Charges”). When you schedule a Job Order, we will collect your preferred payment method information and validate it. You authorize us to charge your preferred payment method for the Charges, or, if applicable, for a Late Cancellation Fee should you cancel the Job Order and a rescheduling fee if you reschedule it. You agree not to arrange any alternative payment directly with the Technician performing the Job Order. While we strive to use commercially reasonable methods to secure all credit card and personal information, we explicitly disclaim any liability for damages resulting from the release of such information to third parties, and you agree to hold us harmless from any related damages.

Once you’ve received Vehicle Services via the Service, we will process your payment of the applicable Charges on behalf of the Technician, as the Technician’s limited payment collection agent. Your payment of the Charges through this method is considered the same as a direct payment to the Technician. Charges paid by you are final and non-refundable unless we determine otherwise. All Charges are due immediately. If your primary payment method is found to be expired, invalid, or otherwise unchargeable, you agree that we may, as the Technician’s limited payment collection agent, charge any secondary payment method listed in your Account, if available.

We reserve the right to establish, remove, or revise Charges for any or all Vehicle Services at any time, at our discretion. If the Technician adjusts the required Vehicle Services or adds additional services, you authorize payment for the updated or modified Charges. Should the Technician determine that your vehicle needs services other than those originally specified in your Job Order, or if the Technician cannot perform the requested work, you may incur a separate diagnostic fee.

Termination

Termination by Mechanigo PH
We may terminate this Agreement, or terminate or suspend your Account, at any time, for any reason or for no reason, with notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any associated information. You have no ownership rights to your Account.

Termination by You.
You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been completed or otherwise canceled as permitted by this Agreement.

Reservation, Reschedule and Cancellation

LemonCar Busters/Diagnosis.
All sales are final for inspection Jobs ordered through the Mechanigo Ph website or Mechanigo social media channels. If a vehicle is sold before we can dispatch a Technician for inspection, the amount paid will be honored as credit towards a future order.

1. A non-refundable P500.00 reservation fee is required, deductible from the total amount.
2. If the service is to be performed at a condo, rented parking lot, townhouse, or building, please secure a permit to avoid any conflicts. For street parking, ensure it is not inclined and safe for the service.
3. Any additional services must be confirmed with our Service Advisors before proceeding.
4. Our Service Advisor will confirm your appointment 1 day before. Failure to acknowledge will result in cancellation.
5. The mechanic will wait up to 20 minutes from the appointment schedule. If the customer does not show up within this time frame, the appointment will be canceled or rescheduled. Your reservation fee will be forfeited.
6. A P500.00 deduction will be applied to the total payment if the OBD scanner is not applicable to the vehicle.

PMS

1. A non-refundable P200.00 reservation fee is required, deductible from the total amount.
2. If the service is to be performed at a condo, rented parking lot, townhouse, or building, please secure a permit to avoid any conflicts. For street parking, ensure it is not inclined and safe for the service.
3. Kindly confirm any additional services with our Service Advisors before proceeding; otherwise, we won’t be responsible for issues, and the service warranty will be void.
4. Our Service Advisor will confirm your appointment 1 day before. Failure to acknowledge will result in cancellation.
5. The mechanic will wait up to 20 minutes from the appointment schedule. If the customer does not show up within this time frame, the appointment will be canceled or rescheduled. Your reservation fee will be forfeited.
6. If the service cannot be performed due to oil sludge or other car issues not declared during the booking process, you will be charged the check-up fee and convenience fee.

Cancellations of Jobs by Technicians.
When a Technician cancels a scheduled Job Order, we typically notify you and attempt to make your Service request available to another Technician. However, we cannot guarantee that a canceled Job Order will be picked up by another Technician or rescheduled, or that the Job Order will be completed. Technicians reserve the right to refuse any Job Order. You agree to hold us harmless from any liability resulting from the cancellation of a Job Order or the refusal of a Technician to complete a Job Order.

There may be instances where, after arriving at your location, a Technician determines they cannot successfully complete the Job Order. Reasons may include, but are not limited to, lack of access or permission to work on your vehicle at the specified location, the location being unsuitable for automotive services (e.g., unsafe location or uneven surface), or inaccurate or incomplete information provided about your vehicle (e.g., incorrect vehicle information or a vandalized car). In such cases, you may be charged a minimum fee or a Late Cancellation Fee.

Inspection or Diagnosis Work

We do not provide inspections equivalent to government-mandated vehicle inspections or emission tests in the Philippines. Obtaining any inspection through the Mechanigo PH Platform does not indicate that your vehicle would pass any legally required inspection or emission test.

If you schedule a diagnosis Job with a Technician, they will first seek to diagnose the problem. In performing a diagnosis, the Technician may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Technicians use their experience in performing diagnoses, we cannot guarantee that any particular diagnosis will identify all of the problems with your car (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is by a process of elimination—replacing a suspected defective part and then checking if the problem still exists.

After receiving a diagnosis, you may request subsequent repair work based on the diagnosis. You agree that our Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your car (other than a problem with the replaced part itself). For example, if your car has an oil leak, the leak may be coming from multiple places in your engine. The Technician may recommend replacing the part responsible for the most obvious source of the leak and then rechecking the car for other leaks. If additional components are leaking, replacing them would be separate work subject to additional Charges.

Similarly, if you schedule a Job for a specific repair without scheduling a diagnosis, we reserve the right to charge one hour of labor if our Technicians discover upon arrival that the Job requested is not serviceable in a mobile setting or if the issue requires another job, and you decline that job. We encourage customers to always book a diagnosis if they are uncertain about the services or repairs needed.

Pre-Purchase Inspection
Pre-purchase inspections are based on what the LemonCar Busters Technical Advisor observes and hears. Weather, lighting, and vehicle cleanliness can affect the accuracy of the inspection, making it difficult to detect issues like prior repainting or bodywork. For the most accurate inspection report, the vehicle should be clean, dry, and well-lit during the inspection. LemonCar Busters Technical Advisors do not clean or disassemble vehicles prior to or during pre-purchase inspections.

LemonCar Busters Technical Advisors inspect the car at your location and may use floor jacks to raise parts of the car, but they do not use lifts. Pre-purchase inspections are not diagnosis Jobs, and diagnostic equipment is typically not used. LemonCar Busters Technical Advisors may verify the VIN (vehicle identification number) but do not check the authenticity of the VIN, vehicle history, or title.

Mechanigo PH’s services provide an experience similar to what you would observe if you inspected the car yourself with the same level of expertise as the LemonCar Busters Technical Advisor. Since many aspects of the inspection are subjective, the LemonCar Busters Technical Advisor offers their opinion, which might differ from what you would conclude. LemonCar Busters Technical Advisors do not use hoists or tools, nor do they dismantle vehicles. Pre-purchase Inspection Services are limited to a visual inspection of accessible items, meaning some problems may not be observable.

Each inspection covers only the items explicitly stated in the inspection report. If you request inspection of an additional item not listed, the LemonCar Busters Technical Advisor may attempt to inspect it, but there is no guarantee. If the additional item is not mentioned in the inspection report, you should assume it was not inspected.

LemonCar Busters Technical Advisors may test-drive vehicles if conditions allow, but a test drive is not required in a pre-purchase inspection. Unless the report specifies that a test drive was conducted, assume none was performed.

Pre-purchase inspection reports are not guaranteed or warranted since the vehicle’s condition can change after the inspection, and the LemonCar Busters Technical Advisor cannot inspect internal components like the engine or transmission. Impending failures may not be detectable at the time of inspection.

Neither Mechanigo PH nor any LemonCar Busters Technical Advisor advises on a vehicle’s value, whether or not to purchase a vehicle, or authenticates a vehicle’s origin. Regardless of any comments made by a LemonCar Busters Technical Advisor, you purchase or decline to purchase a vehicle at your own risk. We do not determine whether a vehicle meets emissions standards or if it will perform correctly. You acknowledge and agree that the Mechanigo PH inspection does not create any warranty for any vehicle you may purchase and that any recourse for undisclosed defects is limited to the seller’s warranty, if applicable.

An inspection does not act as a warranty or insurance policy for any vehicle. You acknowledge and agree that if you purchase any vehicle inspected by Mechanigo PH, you are fully responsible for all repair and maintenance costs, whether or not covered by insurance or a warranty. The decision to purchase a vehicle remains solely your responsibility, and you are responsible for verifying whether a vehicle is under warranty or properly insured.

Vetting of Third-Party Providers

Technicians may be subject to an extensive vetting process before they can register for and use the Mechanigo PH Platform, including a comprehensive criminal background check. Although we may perform background checks of Technicians, we cannot guarantee that each Technicians is who they claim to be. As such, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Mechanigo PH Platform. When interacting with Technicians, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with unfamiliar individuals. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MECHANIGO PH PLATFORM AND YOU HEREBY RELEASE MECHANIGO PH FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE MECHANIGO PH PLATFORM.

Limited Warranty
The terms and conditions of our Limited Warranty are incorporated into this Agreement by reference. We may amend the Limited Warranty from time to time. Your continued access to or use of the Services after posting constitutes your consent to be bound by the terms of the Limited Warranty as amended.

Disclaimers
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY, THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE MECHANIGO PH PLATFORM WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE MECHANIGO PH PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE MECHANIGO PH PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. MECHANIGO PH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MECHANIGO PH DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF TECHNICIANS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Limitations of Liability
YOU AGREE NOT TO HOLD MECHANIGO PH (OR ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AND CONTENT PROVIDERS (COLLECTIVELY, “MEMBERS”)) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MECHANIGO PH PLATFORM OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE, OR OMISSION OF ANY USER OR TECHNICIAN (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TECHNICIAN), ANY DISPUTE WITH ANY USER OR TECHNICIAN, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MECHANIGO PH OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL MECHANIGO PH OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MECHANIGO PH AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MECHANIGO PH PLATFORM.

THE MECHANIGO PH PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. WE ARE NOT RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY, OR ABILITY OF ANY TECHNICIAN, AND YOU EXPRESSLY WAIVE AND RELEASE MECHANIGO PH FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES (ACTUAL, DIRECT, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY TECHNICIAN. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY TECHNICIAN. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE MECHANIGO PH PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE TECHNICIAN WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE MECHANIGO PH PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE MECHANIGO PH PLATFORM AND TECHNICIANS AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE MECHANIGO PH PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL, OR MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

YOU ACKNOWLEDGE THAT TECHNICIANS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE SERVICES PROVIDED TO YOU BY TECHNICIANS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MECHANIGO PH OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THE ASSOCIATED JOB.

Acceptance of Terms
BY USING THE MECHANIGO PH PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MECHANIGO PH PLATFORM.

Waiver of Rights
In accordance with Philippine law, you agree to waive any claims or rights that may not be explicitly stated in this Agreement, to the extent permitted by law. This waiver includes, but is not limited to, any claims under the Civil Code of the Philippines or any other applicable statutes or legal principles.

Indemnification
You agree to indemnify, defend, and hold harmless Mechanigo PH and its Members from and against any and all claims, losses, expenses, liabilities, damages, or demands (including attorneys’ fees and costs incurred) in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Mechanigo PH Platform and/or the Services; (ii) your violation of this Agreement; (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including Technicians); and (v) your information and content that you submit or transmit through the Mechanigo PH Platform. Mechanigo PH reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Mechanigo PH.

Dispute Resolution

Arbitration. Any dispute or claim relating in any way to your use of the Mechanigo PH Platform or any Vehicle Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify under Philippine law. The Arbitration Law of the Philippines (Republic Act No. 876) and other applicable Philippine arbitration laws govern this Agreement. Notwithstanding anything to the contrary in this Section, if you have violated or threatened to violate Mechanigo PH’s intellectual property rights, we may seek injunctive or other appropriate relief in any court of competent jurisdiction in the Philippines, and you consent to exclusive jurisdiction and venue in such courts.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Mechanigo PH’s Legal Department, located at [insert address in the Philippines]. The arbitration will be conducted in [insert city in the Philippines] by the Philippine Dispute Resolution Center, Inc. (PDRCI) under its rules, including the PDRCI’s Consumer Arbitration Rules. The PDRCI’s rules are available at https://www.pdrci.org/web/wp-content/uploads/2016/02/PDRCI-Arbitration-Rules.pdf. Payment of all filing, administration, and arbitrator fees will be governed by the PDRCI’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the city where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law. By accessing or using the Mechanigo PH Platform or any Vehicle Services, you agree that Philippine law, including the Arbitration Law of the Philippines (Republic Act No. 876), without giving effect to any choice of laws principles that would require the application of the laws of another country or state, will govern these Terms of Use and any dispute of any sort that might arise between you and Mechanigo PH.

Other Provisions

General. You may not assign these Terms without Mechanigo PH’s prior written approval. Mechanigo PH may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Mechanigo PH’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Mechanigo PH, or any Technician as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under Philippine law. Mechanigo PH’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mechanigo PH in writing.

Complaints of Copyright Infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable Philippine law. In the event that a person or entity has a good faith belief that any materials provided through the Mechanigo PH Platform or in connection with the Services infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number, and e-mail address of the Complainant; (iv) a statement that the Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, the Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. Mechanigo PH’s contact information for notice of alleged copyright infringement is via email: ask@mechanigo.ph or via mail: Attn: Legal, Mechanigo PH, 1166 Chino Roces Ave. San Antonio, Makati City.

Notice. Mechanigo PH may give notice by means of a general notice through the Mechanigo PH Platform, electronic mail to your email address in your Account, or by written communication sent by first-class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first-class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Mechanigo PH, with such notice deemed given when received by Mechanigo PH, at any time by first-class mail to Attn: Legal, Mechanigo PH, 1166 Chino Roces Ave. San Antonio, Makati City.

Links to Other Websites and Display of Others’ Brand Names or Logos. The Mechanigo PH Platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites, or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the Mechanigo PH Platform to such websites (including without limitation external websites that are framed by the Mechanigo PH Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites, others’ brands or logos, or other material associated with links, logos, or brand names that may appear on the Mechanigo PH Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Mechanigo PH Platform.

Questions. Please contact us with any questions regarding this Agreement by emailing us at ask@mechanigo.ph