FixYourCar Terms & Conditions

This Agreement constitutes a legal agreement between you ("you") and Fix Any Car Services LLC (incorporated as “FixYourCar,” “we” or “us”). This Agreement sets forth the terms of Use (“Terms”) that govern the access or use by you of applications, websites, content, products, programs, and services made available by FixYourCar (the “Services”), including an agreement to engage in binding arbitration to resolve any disputes between us. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, you may not access or use the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you and supersede content or information you read or have access to at other places, such as our website, emails, or applications. FixYourCar may immediately terminate this Agreement or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.

Supplemental terms or policies applicable to any particular Service (“Supplemental Terms”) will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program, or promotion. Supplemental Terms are in addition to and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).

FixYourCar may amend the Terms from time to time. Amendments will be effective upon FixYourCar's posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

By accessing and using the Services, you represent and warrant that:

(i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.

THE SERVICES

The Services constitute a technology platform including websites and mobile applications (the “FixYourCar Platform”) that enables users to access a network of independent third party vehicle service providers (mechanics, technicians, towing service providers, or other independent contractors/workshops), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair, towing or related services (“Vehicle Services”). WE DO NOT PROVIDE VEHICLE SERVICES, AND WE ARE NOT THE EMPLOYER OF ANY THIRD-PARTY PROVIDER. You acknowledge that we do not supervise, direct, or control a Technician’s work or Services performed in any manner. A Technician provides services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of FixYourCar for any purpose whatsoever.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

Restrictions. You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Ownership. The Services and all rights therein are and shall remain the property of FixYourCar. Neither these Terms nor your use of the Services conveys or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product, and service names, trademarks or services marks. All content appearing on the FixYourCar Platform is our property or the property of our partners and is protected under copyright laws. Certain names, graphics, and logos are trademarks, service marks, or trade dress (together, “Marks”) owned by FixYourCar. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other marks are the property of their respective owners and may not be used without their prior written consent.

YOUR USE OF THE SERVICES

User Accounts. In order to use most aspects of the Services, you must register for and maintain a user account ("Account"). Account registration requires you to submit certain personal information, such as your name, email address, vehicle information, and/or mobile phone number, and/or if required at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your vehicle information may include the license plate number, make, model, year, Chassis Number, etc. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or FixYourCar's termination of this Agreement. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. We are not liable for any loss that you may suffer through the use of your password by others. You must notify us immediately of any unauthorized use of your Account or of any other breach of security known to you with respect to FixYourCar.

Scheduling a Job. To request an appointment for Vehicle Services at the workshop or at the site (a “Job” and a “Job Request”), you may be asked to specify the type of service that you think is required, the location where you would like the job to be performed, and the date and time that you would like the Job to take place. If the job is performed at the site then you agree that it is your responsibility to provide a suitable location for the site Job and to ensure that the Technician has proper access and permission, and is legally authorized to complete the job at the location.

Once you submit a Job Request, we may provide you with a price and/or a list of possible service providers. We reserve the right to modify, add, or delete items and/or prices at any time prior to billing you. If you have agreed with the Technician to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so through the FixYourCar Platform.

You agree to treat Technicians courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Technicians to complete the Job. We do not control the availability of the independent Technicians on the FixYourCar Platform. You acknowledge that your selected Technician/workshops may be unavailable from time to time.

Plastic, composite, and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that FixYourCar will not be held liable for these types of component failures and that in the event of such, FixYourCar will provide you with a revised estimate to include the replacement of the failed component after confirming the same with its Technicians/ workshops.

Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the Mobile telephone number you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of FixYourCar or its affiliated companies, or Technicians, including operational communications concerning your Account, use of the FixYourCar Platform, or Services, updates concerning new and existing features on the FixYourCar Platform, communications concerning promotions, and news concerning us and our Services. During this process, we will receive and store data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to our use and disclosure of this data for legitimate business purposes. We may send you a confirmation and other transactional emails regarding the Services. We may also send you emails or text messages about services that we think Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the Mobile telephone number you provided to us. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of FixYourCar or its affiliated companies, or Technicians, including operational communications concerning your Account, use of the FixYourCar Platform, or Services, updates concerning new and existing features on the FixYourCar Platform, communications concerning promotions, and news concerning us and our Services. During this process, we will receive and store data, including the date and time of the call or text message, the phone numbers, and the content of the text messages. You agree to our use and disclosure of this data for legitimate business purposes. We may send you a confirmation and other transactional emails regarding the Services. We may also send you emails or text messages about services that we think

User Content. We do not own any data, information, or material (collectively, “Content”) that you submit to the Services in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content on the Services submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing, or any similar purpose.

Network Access and Devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.

PAYMENT TERMS

You understand that use of the Services may result in charges to you for the Vehicle Services you receive from a Technician (“Charges”). Charges may include various service charges, repair charges, product charges, or any applicable taxes that may be mandatory by the government from time to time. At the time you schedule a Job, we will record your preferred payment method information and validate your payment information. You authorize the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the Technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom

After you have received Vehicle Services obtained through your use of the Service, we will facilitate your payment of the applicable Charges on behalf of the Technician/workshops, as such Technician's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Technician/workshops. Charges paid by you are final and non-refundable unless otherwise determined by us. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we may, as the Technician's limited payment collection agent, use a secondary payment method in your Account, if available.

We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If a Technician changes the Vehicle Services needed or adds additional Vehicle Services, you authorize the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician/workshops are not able to perform such work, you may be charged a separate inspection fee.

PLEASE NOTE THAT IN THE EVENT OF NON-PAYMENT OF THE AMOUNT OF REPAIR OR MAINTENANCE OF THE VEHICLE THROUGH THE APPLICATION, THE WORKSHOP, OR THE REPAIR CENTER, WHETHER IN CASH OR VIA ELECTRONIC PAYMENT AND THEN COLLECTING YOUR VEHICLE WITHIN A MAXIMUM PERIOD OF FIVE DAYS AFTER THE COMPLETION OF THE REPAIR OR MAINTENANCE OF THE VEHICLE, YOU WILL INCUR DAILY FEES FOR KEEPING THE CAR IN THE WORKSHOP OR MAINTENANCE CENTER AT 100 DIRHAMS PER DAY.

ONLINE PAYMENT

• United Arab of Emirates is our country of domicile and stipulates that the governing law is the local law.
• We accept payments online using Visa and MasterCard credit/debit cards in AED currency.
• FixYourCar will NOT deal with or provide any services or products to any OFAC sanctions countries in accordance with the law of UAE.
• Customers using the app who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the app.
• if you make a payment for our products or services on our app, the details you are asked to submit will be provided directly to our payment provider via a secured connection.
• The cardholder must retain a copy of transaction records and Merchant policies and rules.
• The user of the app is responsible for maintaining the confidentiality of their account.
• Once the user has bought a service and made an online payment against it, they will receive instant payment confirmation via email.

REFUND POLICY

Refunds will be done only through the Original Mode of Payment.

We will provide a 100% refund of your payment only if the service has been canceled within 24 hrs of the service start date

TERMINATION (CANCELLATION)

We may terminate this Agreement or terminate or suspend your Account immediately at any time for any reason or for no reason upon 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 may be acting on behalf of the 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 information in it. 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 performed or otherwise canceled as permitted by this Agreement.

Cancellation of Jobs by Service Providers/Workshops. When a Technician/Workshop cancels a scheduled Job, we generally notify you and make your Service request available for another Technician/Workshop. However, we cannot guarantee that a canceled Job will be selected by another Technician and rescheduled or that the Job Request will be completed. Technicians reserve the right to refuse a Job Request. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Technician to complete a Job.

INSPECTION OR DIAGNOSIS WORK

If you schedule an inspection Job with a Technician, he or she will first seek to diagnose the problem. In performing a diagnosis, he or she 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 to go through a process of elimination – that is, to replace a part suspected to be defective and then see whether the problem still exists.

After receiving a diagnosis report, you may request subsequent repair work recommended based on the diagnosis, such charges will be treated as an ancillary scope to the primary job and without which the primary job cannot be completed. In such cases, you are responsible to honor the ancillary charges along with the primary charges.

PRE-PURCHASE/REPAIR INSPECTION

Pre-purchase/repair inspections are based on what is seen and heard through the eyes and ears of the Technician. Weather and light conditions, as well as the cleanliness of the vehicle both inside and out, can reduce the accuracy of the inspection, making things such as prior repainting and body work difficult to detect. For the most accurate inspection report, the vehicle must be clean, dry, and well-lit at the time of inspection. Technicians do not clean or disassemble vehicles prior to or during pre-purchase/repair inspections.

Technicians go to your location to inspect the car. They do not put the car on a lift but may use floor jacks to raise up parts of the car. Pre-purchase/repair inspections are not diagnosis Jobs. Diagnostic equipment is not typically used in a pre-purchase inspection. Technicians may identify the Chassis Number but do not check the authenticity of the Chassis, history, or title of the vehicle.

FixYourCar’s services are similar to what you would see and hear if you were to inspect the car yourself and you had the same level of experience as the Technician/Workshop. Since many aspects of the inspection are subjective, the Technician is providing you with his or her opinion. If you were to perform the inspection yourself, you might come to different conclusions.

Each inspection is limited to the items expressly stated in the inspection report. If you request an inspection of an item not included within the inspection report, the Technician may make a reasonable effort to inspect that additional item; however, there is no guarantee that the additional item will be inspected. If reference to the additional item is not expressly included in the inspection report, you should assume that the item was not inspected.

Technicians may test-drive vehicles, but a test drive is not a required aspect of a pre-purchase inspection report. Unless the inspection report specifically states that a test drive was conducted, no such test drive was conducted.

Pre-purchase/repair inspection reports are not guaranteed or warranted, because changes in the vehicle can occur and/or manifest themselves between the time of inspection and the time of purchase and because during a pre-purchase inspection the Technician cannot see inside an engine or transmission and does not take the whole car apart to check every component in the car. Thus, impending failures may not be evident at the time of inspection.

VETTING OF THIRD-PARTY PROVIDERS

Technicians/Workshops may be subject to an extensive vetting process before they can register for and during their use of the FixYourCar Platform. When interacting with Technicians/workshops, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FIXYOURCAR PLATFORM AND YOU HEREBY RELEASE FIXYOURCAR FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE FIXYOURCAR PLATFORM.

DISCLAIMERS

EXCEPT AS PROVIDED IN THE AGREEMENT, THE SERVICES 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 FIXYOURCAR PLATFORM WILL OPERATE ERROR-FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE FIXYOURCAR PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE FIXYOURCAR PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. FIXYOURCAR 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. FIXYOURCAR DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF THIRD-PARTY PROVIDERS. 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

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY BY YOU TO US DURING THE SIX ( 6 ) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

OTHER PROVISIONS

IN THE EVENT THAT OTHER DAMAGES TO THE VEHICLE BODY OR MECHANICAL MALFUNCTIONS ARE DETECTED BY THE WORKSHOP OR SERVICE CENTER THAT WERE NOT MENTIONED OR DISCLOSED BY THE CUSTOMER, THE CUSTOMER IS NOT ENTITLED TO CLAIM THE WORKSHOP, SERVICE CENTER OR COMPANY OPERATING THE APPLICATION FOR ANY KIND OF LEGAL CLAIMS OR COMPENSATION.

IF DURING THE VEHICLE REPAIR, SERVICE, OR INSPECTION, THE CUSTOMER DECIDES TO CANCEL THE REQUEST AND ASKED THE WORKSHOP TO RETURN OR TAKE THE VEHICLE, THE CUSTOMER MUST PAY THE COST OF THE VEHICLE INSPECTION CHARGES.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United Arab Emirates without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in the United Arab Emirates, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, and send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Services.

CONTACTING US

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us using the details below:

https://www.fixyourcar.ae/contactus
support@fixyourcar.ae
Office 1509, HDS Tower, JLT, Dubai