Terms – Carmedis

This terms contains the partenrs and users agreement, ensure to read it well.

USER’S TERMS AND CONDITIONS

These Terms and Conditions are a legal contract between our Users (“you,” and “visitors”) and Carmedis limited (“we,” “us,” or “our”) and apply to all activities and use of services on our Platform. We operate a Mobile Application Programming Interface which houses current products and services any other product or services that we may provide now or in the future (collectively, the “Services”).

By browsing, accessing, registering for, or using our Platform, you agree and acknowledge that you have read, understood and agree to be bound by the Terms and Conditions and any additional guidelines. If you do not wish to be bound by these terms, you may discontinue the use of this platform.

ACCOUNTS AND REGISTRATION

All Carmedis users must register to use our services by;
i. Downloading the App from Google Play Store or App Store
ii. complete the sign-up page with your phone number or email address
iii. An OTP (One Time Password) will be sent to your phone number or email address, verify it is you by filling the OTP in the required box;
iv. Once you have been verified, proceed to “Create an account.”.
v. Fill in the registration form with your names, email address and choose a password.

SERVICES OFFERED
Our primary objective is to connect experienced automotive technicians by increasing the flow of and matching automotive technicians to open requests based on expertise and location while reducing the overall cost of automotive repair and maintenance through automation and service financing. We offer a wide range of automotive services including but not limited to
• Engine inspection, diagnosis and repair
• Oil and filter change, fluid level check,
• Tire pressure check, brake inspection, repairs and replacement of worn brake pads and rotors.

BOOKINGS
You may request a booking for an auto-repair session via our mobile app or website. When you request a booking, you will be required to give us the following information
i. Your contact details including your address, telephone number and email address
ii. The make, model and age of your vehicle and gearbox
iii. The nature of the auto-repair work to be carried out
iv. We will let you have an estimate of the repair.
v. Payment of this estimate validates transaction.
vi. Upon payment, we shall confirm the booking and assign a technician to you within the shortest possible time.

USE OF THE SERVICES

You must use our services subject to and in compliance with these Terms and Conditions and all applicable laws, rules and regulations. The services including all features, contents and functionalities are owned by us. You agree that you shall adhere to all the instructions given by our technician after a consultation session. You also agree that you shall provide the necessary financial commitment needed to repair your vehicle when a price has been fixed via our platforms. This payment shall be made via our platform only and shall not be made to any technician.

Please note that you will be given a time frame within which the repairs shall be completed. If we require parts to carry out the repair and these are not available within the time frame for the repairs, we shall duly inform you of the development and we will revise our estimate as to the price and time frame for the repairs. Where you volunteer to make purchase for any vehicle part required for repair, you agree to hold us blameless for any liability that shall arise as a result of the use of the vehicle parts that you volunteered to purchase.

Further note that if we discover that we need to use additional parts or to carry out additional repairs, we will give you a revised estimate of the cost of the additional parts and the labour. If we replace any parts, we will make the original parts available to you to view, examine and dispose. We shall also give you the opportunity to inspect the entire process, you agree to co-operate with out technician and permit him to carry out the repairs in a professional manner.

PERSONAL BELONGINGS AND INDEMNITY
Please endeavor to remove all of your possessions from your vehicle before we start repair, you agree to hold us blameless for any loss of any possession within the vehicle that you did not remove. You also agree to hold us blameless for any damage that occurs as a result of your delay in fulfilling your financial obligation.

PRICING

We reserve the right to determine pricing for our services. An estimate of prices shall be given upfront upon booking confirmation and payment validates transaction. We will make reasonable effort to keep an estimate of pricing information published on our Platform up to date. We encourage you to check our Platform periodically for current pricing information as we may change the fees according to the current economic realities and for any feature of our services, which include additional charges and fees. We also believe in transparent pricing and shall itemize all charges on your invoice at all times. Please note that we may, in our sole discretion, make promotional offers with different pricing and features to any of our Users for a set period of time. We also reserve the right to review pricing for our services

PAYMENTS

You agree to pay the specified fees for the services you order, as indicated on our platform or through a separate quotation. Payment shall only be made on our platform and not to any technician. You agree to hold us blameless for any liability that occurs as a result of your non-adherence to this terms and conditions. Notwithstanding anything
contained in this Terms and Conditions, there may also be other payment methods and you authorize us to charge your credit or debit card or process other means of payment (such as, direct debit, mobile wallet, or bank transfer) for those fees. We work with payment service providers in order to offer you the most convenient payment method and to keep your payment information secure.

CANCELLATION AND REFUND

You are permitted to cancel any booking before confirmation. If after confirmation, you cancel a booking and request a refund of payment made, we shall process your request within Seven (7) working days and make a refund less ten percent (10%) cancellation fees.

If you cancel when our technician has started the repair of the vehicle, you shall be liable for payment of the work done and for all parts we have used and for those parts we have not used but which we have ordered and which, in our reasonable judgement, we are unlikely to be able to use or sell within 6 months. We will charge you for that labour at the same hourly rate as we used to calculate the Price for the work done. The parts we have ordered but not used by the time you cancel will remain our property. We may use or dispose of them as we see fit without recourse to you. An invoice of the amount payable by you shall be sent to you via email and you shall make such payment on or before 72 hours after receipt of such invoice.

PROHIBITED CONDUCT

By using Carmedis, you agree that you will not participate, conspire to, conduct or otherwise engage in abusive, fraudulent or otherwise illegal activities and that such activities will be grounds for termination of your right to use and/or access the services on our Platform. Hacking our services is prohibited. You specifically agree that you will not:
i. Use any automated or non-automated system, including but not limited to robots,
scrapers, offline readers, spiders and so on, to distribute, copy, disclose or access our
services and interfere with the proper working of our services or place an unreasonable load on the infrastructure of our Platform;
ii. Transmit, post or cause to be transmitted or posted any solicitation or communication intended or designed to obtain, account details or private information from any of our other Users;
iii. Use the Platform to violate network or computer security measure, store or transfer illegal materials (including obscene or threatening material) or engage in any kind of illegal activity;
iv. Attempt to interfere with or decipher any transmissions to or from the servers running the Platform;
v. Activate or run any form of auto-respond or “spam” on the Platform;
vi. Use the Platform for any commercial solicitation purposes;
vii. Transmit any malicious software agents through the Platform;
viii. Bypass the measures used by us to restrict or prevent access to the Platform; and
ix. Interfere with the proper working of the Platform.

VEHICLE WARRANTIES

You hereby give all assurances that you are the legal and rightful owner of the vehicle sought to be repaired. In the case of a new or specialized vehicle covered by manufacturers warranty, we shall render our services in a way that adheres to the terms of those warranties and the Manufacturer’s specifications and documentation, using original or Manufacturer-authorized parts.

You hereby give us full consent to comply with the above, if it causes us additional cost, we will tell you of alternatives and will explain to you in full the consequences of those alternatives (including, but not limited to, the voiding of the Manufacturer’s warranties). The decision as to whether or not we will follow any such alternative shall be your decision alone; You agree to hold us blameless and not liable for any failure to comply with any warranties where you have not told us of those warranties.

WARRANTY AND GUARANTEE

We hereby warrant that the services rendered from the date of invoice is for a Warranty Period of One (1) month. We also warrant that all parts that we use from the date of invoice for the warranty period are in good and proper condition unless we tell you otherwise. The warranties on certain parts may vary due to their original Manufacturers’ warranty conditions, and in that case we will tell you in our invoice or another document that a different warranty period will apply to those parts.

Subject to the above, if any service rendered and / or parts used fails during the Warranty Period, we shall carry out the necessary repairs and replacements at no additional cost to you.

In the case of the engine, we will be entitled to void the warranty if you do not provide us with satisfactory evidence of proper maintenance of such engine including checking and refilling the oil and water level.

We will be entitled to void any warranty that we give you if the Vehicle or any vehicle which we repair is used for anything other than normal purposes (unless we explicitly tell you otherwise) and such use causes damages to the vehicle after repair. This includes but not limited use in a way which exceeds its design limitations, use in a way that our technicians recommend, use in a way which does not conform with Manufacturer’s recommendations, failure to service or otherwise carry out maintenance in accordance with the Manufacturer’s recommendations.

Where a breach of warranty arises you should notify us as soon as you become aware of the same and you should arrange to return the Vehicle to us at your own expense so that we can examine it and comply with the terms of the Warranty. The Warranty is personal to you for the vehicle repaired and is not transferrable to a third party or another vehicle.

INSURANCE CLAIMS AND ACCIDENT DAMAGE

If the services to be rendered on the Vehicle is the subject of an insurance claim, you (or the policyholder if he is a different person) must sign any documents required by the insurer to be signed to authorize payment to us for the Work. We shall not be responsible for any delay in completing the repair to you where that delay arises out of any actions of the insurer including, but not limited to, the withholding of payment.

LIMITATION OF LIABILITY

You agree to hold us blameless for any loss or damage you suffer due to your failure to follow our or the Manufacturer’s instructions. You also agree to hold us blameless for any failure or delay in performing our obligations where such failure or delay is as a results of your delay or negligence to follow instructions. We make no warranty or representation that products, or other goods or materials that we use in carrying out the services are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). You agree to hold us blameless for any loss of profit, loss of business, interruption to business or for any loss of business opportunityy that may arise as a result of this relationship between both parties.
Under no event shall we be liable for any damages or liability that exceeds One percent (1%) of the total value of repair of the vehicle.

MODIFICATION OF THE TERMS AND CONDITIONS

We may from time to time, update these Terms and Conditions to clarify to reflect our new practices or different practices, such as; when we add new features. In our sole discretion, we reserve to modify and/or make changes to these Terms and Conditions. When we make any material change, we will notify you by email sent to the email address specified in the account you provide and/or by posting a notice on our Platform. Modifications will become effective on the day they are posted. It should be noted that your continued use of our Platform after changes become effective, shall mean that you accept those changes and revised Terms and Conditions shall supersede all previous Terms and Conditions.

NOTICES

Every notice and other communication given hereunder shall be in writing and given by registered or certified mail return receipt requested, or by email.

INDEMNITY

To the fullest extent permitted by law, you agree to indemnify and hold Carmedis Limited and its affiliate, subsidiaries, agents, directors, technicians, consultants and employees from and against every claim and any related damage, liability, expense and loss, including but not limited to reasonable attorney’s fees, brought by a third-party, arising out of or connected with;
i. Your violation of any warranty, representation, portion or agreement referenced in these Terms and Conditions, or any applicable law or regulation;
ii. Your unauthorized use of or misuse of the Platform;
iii. Any dispute between you and any third-party; or
iv. Your violation of any third-party right, including but not limited to, publicity and privacy rights, confidentiality, intellectual property right and other proprietary rights.
Each Party is responsible for its own property and personnel and any consequential losses arising out of this Agreement.

DISCLAIMERS
The Platform and all content and materials available through the Platform are provided on an “AS IS” basis. Carmedis disclaims all warranties of any kind, relating to the Platform and all content and materials available through the Platform, whether express or implied, including but not limited to: a) any warranty arising out of course of usage, dealing or trade and/or b) any implied warranty of fitness for purpose, merchant ability, quiet enjoyment, title or non-infringement.

You hereby agree that the information you provide is accurate, complete and current and you undertake to keep it up to date at all times. At the point of registration, you will be asked to choose a username and a password. You hereby agree that you are solely responsible for maintaining the confidentiality of your account details, that is, your username and password. You further accept to the responsibility for all use and activities that occur under your account. Immediately notify us if you believe your account and its requisite details are no longer secure.

No information or advice, whether written or oral, obtained by you from our Platform or any content or materials available through the Platform will create any warranty regarding any of our services that is not expressly stated in these Terms and Conditions. You agree and understand that your use of any portion of our Platform is at your own discretion and risk and we are not responsible for any damage to your property, including your mobile device or computer used in connection with our Platform, or any loss of data.

The disclaimers, limitations and exclusions in this clause apply to the fullest extent permitted by law. We do not disclaim any warranty or other right that we are prohibited from disclaiming under the applicable law.

Kindly read our Privacy Policy carefully for information relating to the collection, use, storage and disclosure of your personal information.

DISPUTE RESOLUTION
Any dispute, claim, or controversy arising out of, relating to, or in connection with this Terms and Conditions, including with respect to its existence, validity, interpretation, breach enforceability or termination, or any dispute regarding any non-contractual obligations arising out of or in connection with it, shall be resolved in accordance with the procedure set out below:

i. The Party raising any dispute must first give written notice of the dispute to the other Party (“Dispute Notice”). Upon receipt of a Dispute Notice, Parties will resolve the disputes amicably by negotiations.

ii. Where the representatives of the Parties are unable to reach an acceptable resolution of the dispute through Negotiation within Thirty (30) days of the Dispute Notice, the Parties shall, in good faith, seek to settle the dispute by Mediation at the Lagos State Multi-Door Courthouse (LMDC) administered by a single mediator appointed by LMDC under its Mediation Procedures. This process may be commenced by either Party by application to the LMDC. Each Party shall bear the respective costs for mediation/settlement.

iii. Where the mediation fails or is not concluded within thirty (30) days then, the dispute shall be referred by either Party to and finally resolved by arbitration by a single arbitrator (the Arbitrator). The arbitrator shall be appointed by the Chairman of the Nigerian Branch of the Chartered Institute of Arbitrators (UK) on the application of any of the Parties or failing him, by the Director of the Regional Centre for International Commercial Arbitration, Lagos State, Nigeria (notice of such application being given to the other Party). Provided that the Arbitrator so appointed shall not be a present or former employee, agent, consultant, or counsel to any of the Parties and that his appointment will in no way constitute a conflict of interest.

iv. .If for any reason, an Arbitrator is unable to perform their function, the appointment of the Arbitrator shall terminate, and a substitute shall be appointed in the same manner as the original Arbitrator. The Parties shall bear the fees and expenses of the Arbitrator in equal proportion, and all other fees incurred by each Party shall be borne by such Party, except otherwise directed by the Arbitrator. The provisions contained in this clause shall survive the termination, expiration, or invalidity of these Terms and Conditions.
GOVERNING LAW
These Terms and Conditions are governed, interpreted and construed in accordance with the laws of the Federal Republic of Nigeria.

FORCE MAJEURE

Neither Party shall be considered in default or breach of contract in the instance of any delay pertaining to an act of God such as fire, explosion, epidemic, flood, or acts out of the control of such party such as riot, war, pandemic, terrorism or Government Policies. In the event of such acts occurring the Party is expected to notify the other Party of such actions as well as a resolution date if applicable.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

INTELLECTUAL PROPERTY

Any content, designs, trademarks, or other intellectual property used in our services are owned by The Company and protected by applicable copyright and trademark law

TERMINATION
You may terminate your use of our Platform at any time through Your profile management page. We may terminate, suspend or restrict your use and access to our service or your account on our Platform at any time, without prior notice to you, if you violate any of these Terms and Conditions. Your right to access and use the Platform will immediately cease upon termination of your account. These Terms and Conditions shall remain in full force and effect until terminated by us. For clarity, your termination of your use of our service or deletion of your account or our suspension or termination of your account does not terminate this Terms and Conditions.

PARTNERS (3P) TERMS AND CONDITIONS CARMEDIS

Carmedis Limited is an Autotech company that specializes in software solutions, notably an innovative application connecting users with vetted workshops for vehicle repairs, maintenance and various stress-free services. Our affordable personalized service is tailored to car owners who can’t find the nearest experienced automotive technician during an emergency. We also cater to organizations with automobile repair needs by providing seasoned and experienced technicians that can carry out automobile repairs.

These Terms and Conditions are a legal contract between our vendors (“you’) and Carmedis limited (“we,” “us,” or “our”) and apply to all activities and use of services on our Platform. We operate a Mobile Application Programming Interface which houses current products and services any other product or services that we may provide now or in the future (collectively, the “Services”).

ACCOUNTS AND REGISTRATION

All Carmedis vendors must register to use our services by;
i. Downloading the App from Google Play Store or App Store
ii. complete the sign-up page with your phone number or email address
iii. An OTP (One Time Password) will be sent to your phone number or email address, verify it is you by filling the OTP in the required box;
iv. Once you have been verified, proceed to “Create an account.”.
v. Fill in the registration form with your names, email address and choose a password.

As a vendor, you shall be required to give your professional or expert advice to customers in respect of your findings during inspection of the customers vehicle. You shall also be required to give us an estimate of the cost of repairs of customers vehicle.

USE OF THE SERVICES

You must use our services subject to and in compliance with these Terms and Conditions and all applicable laws, rules and regulations. The services including all features, contents and functionalities are owned by us. You undertake to provide your services in an efficient and professional manner and at all reasonable times be cordial with your relationship with the customer. You agree to be held accountable for any complaint or query made by our customer in respect of the service you rendered

You also agree that at all times, you shall encourage the customers to make payments for services rendered via our platform only, you agree to hold us blameless for any liability or damages that arises as a result of non-adherence to this terms and conditions.

Please note that you are required to advise on a time frame within which the repairs of customers vehicle shall be completed and you shall take all reasonable steps to ensure that such repairs are carried out within the stipulated time frame.

If you require parts to carry out the repair, you shall duly inform us of such parts required and we shall take appropriate steps to make them available. Where we are unable to make such parts available, we shall duly inform you or alternatively, provide funds for you to purchase such parts within a presented budget. Take note that you shall give account of the funds spent in getting such parts and shall be duly re-imbursed if you spend your personal funds outside the budget presented.

Further note that if you discover that you need to use additional parts or to carry out additional repairs on customers vehicle, you will be required to inform us to enable us give a revised estimate of the cost of the additional parts and the labour to the customer.

You shall give our customer an opportunity to inspect the entire process, you agree to co-operate with our customers and carry out the repairs in a professional manner.

PAYMENTS

Payment of service should only be made via our platform. Under no circumstances shall you receive payment directly, to your account details or any other account details provided by you. You agree to hold us blameless for any liability that occurs as a result of your non-adherence to this terms and conditions

PROHIBITED CONDUCT

WARRANTY AND GUARANTEE

You hereby warrant that the services you render to our customers are to the best of your ability, efficient, competent and reliable. You shall be expected to carry out extra repairs at no extra cost to us or our customers where the services rendered are deemed to be below standards thereby leading to subsequent damage(s) to our customers vehicle. You also warrant that all parts that you purchase for repairs are in good and proper condition and you have the responsibility to disclose otherwise where necessary.

LIMITATION OF LIABILITY

You agree to hold us blameless for any loss or damage you suffer due to your failure to follow these terms and conditions. You also agree to hold us blameless for any failure or delay in performing our obligations where such failure or delay is as a results of your delay or negligence to follow instructions.). You agree to hold us blameless for any loss of profit, loss of business, interruption to business or for any loss of business opportunityy that may arise as a result of this relationship between both parties.
Under no event shall we be liable for any damages or liability that exceeds One percent (1%) of the total value of repair of the vehicle.

MODIFICATION OF THE TERMS AND CONDITIONS

NOTICES

Every notice and other communication given hereunder shall be in writing and given by registered or certified mail return receipt requested, or by email.

INDEMNITY

Kindly read our Privacy Policy carefully for information relating to the collection, use, storage and disclosure of your personal information.

FORCE MAJEURE

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

INTELLECTUAL PROPERTY

Any content, designs, trademarks, or other intellectual property used in our services are owned by The Company and protected by applicable copyright and trademark law

If you have any questions, claims or complaints with respect to our services on our Platform, you may call us on 0704 818 1777 or email us at hello(@)carmedis.com