MechaniX Terms of Use
This Terms of Use Agreement was last updated: on January 2023 and This Terms of Use agreement is effective as of: OCtober 01, 2020.
MechaniX primarily operates, controls and manages the Services (as defined below) provided by it from its corporate office at 50 Lake Circus Road Dolphin Goli, Kalabagan, Dhaka-1209 (“Head Office”).
PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between MechaniX operating from its Dhaka Corporate Office and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the MechaniX website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and MechaniX services available through the domain and sub-domains of MechaniX located at www.MechaniX or Its Mobile Apps(collectively referred to herein as the “Product”), and (ii) the online transactions between those users of the Product who are offering services (each, a “SERVICE PROVIDER”) and those users of the Product who are obtaining services (each, a “SERVICE USER”) through the Product (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Product.
The Products are owned and operated by MechaniX Limited You acknowledge that the Product serves as a marketplace for the online distribution and publication of user submitted information between SERVICE PROVIDERs and SERVICE USERs, and, by using, visiting, registering for, and/or otherwise participating in this Website/Mobile Apps, Ordering service through Contact Center, Website, Apps including the Services presented, promoted, and displayed on the Website, Providing any service which request comes through Website, Apps, CC and/or by clicking on “I have read and agree to the terms of use,” you hereby certify that:
(1) you are either a SERVICE PROVIDER or a prospective SERVICE USER,
(2) you have the authority to enter into these Terms of Use,
(3) you authorize the transfer of payment for Services requested through the use of the Product, and
(4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.
YOU SPECIFICALLY AGREE THAT BY USING THE PRODUCT, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.
All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.
Rules for SERVICE USERS
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the SERVICE PROVIDER’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by MechaniX in connection with the use or purchase of any Service
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a SERVICE USER violates any of the above-referenced rules in connection with his or her Posting, MechaniX, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the SERVICE USER’s Account privileges; (c) suspend the SERVICE USER’s Account; and/or (d) decrease the SERVICE USER’s status earned via the Feedback page.
Disclaimer and Warranties for SERVICE USERS
NO SPARE PARTS WARRANTY
SHEBA’S WARRANTY DOES NOT EXTEND TO ANY SPARE PARTS USED IN THE COMPLETION OR DELIVERY OF THE SERVICE PROVIDED BY THE SERVICE PROVIDER. THE SERVICE USERS CAN PURCHASE REQUIRED SPARE PARTS ON THEIR OWN OR ENGAGE THE SERVICE PROVIDER TO ACQUIRE THE SPARE PARTS. IN ANY CASE, THE SERVICE PROVIDER OR MECHANIX WILL NOT BE HELD RESPONSIBLE FOR THE QUALITY OR PRICE OF THE SPARE PARTS. THE SERVICE CHARGE HAS TO BE PAID IN FULL TO THE SERVICE PROVIDER AND CANNOT BE HELD BACK DUE TO ANY ISSUES RELATED WITH SPARE PARTS.
CLAIM RAISE WITHIN WARRANTY PERIOD
SERVICE USER HAS TO RAISE CLAIM WITHIN THE WARRANTY PERIOD OF CONCERNED TYPE OF SERVICE. ANY CLAIM RAISED AFTER THE WARRANTY PERIOD WILL BE TREATED AS NEW ORDER.
DOCUMENT SUPPORT TO RAISE A CLAIM
FOR PACK AND SHIFT, HOME APPLIANCE, PHONES, LAPTOPS AND OTHER ELECTRONIC GADGETS, IT IS SERVICE USER’S RESPONSIBILITY TO SIGN THE AGREED LIST OF FINAL ORDER LIST PROVIDED BY THE SERVICE PROVIDER. UNLESS THE SERVICE USER CAN PRODUCE A FINAL ORDER LIST SIGNED BY THE SERVICE PROVIDER, MECHANIX WILL NOT TAKE ANY RESPONSIBILITY OF SETTLING THE DISPUTE BETWEEN THE SERVICE USER AND SERVICE PROVIDER. MECHANIX SPECIALLY ENCOURAGES SERVICE USERS TO CLEARLY MENTION DETAILS OF ANY ITEM HANDED OVER TO SERVICE PROVIDER OR HIS REPRESENTATIVES IN THE FINAL ORDER LIST TO AVOID ANY CONFUSION OR MISUNDERSTANDING
MARKETPLACE DISCLAIMER AND RESPONSPONSIBILITY
MECHANIX IS A MARKETPLACE WHERE SERVICE USERS CAN FIND DIFFERENT SERVICE PROVIDERS OFFERING THEIR SERVICES AT VARIOUS PRICES. THE SERVICE PROVIDERS ARE RESPONSIBLE FOR THE QUALITY OF SERVICE AS PER ORDER SPECIFICATIONS PROVIDED BY THE SERVICE USERS. ALL SERVICE USERS PLACING ORDERS THROUGH MECHANIX ARE RESPONSIBLE FOR CLARIFYING THE REQUIREMENTS AND EXPECTATIONS WITH INDIVIDUAL SERVICE PROVIDERS AT THE TIME OF PROCESSING ORDERS. MECHANIX IS NOT LIABLE FOR THE QUALITY OF SERVICE OR ANY NON-PERFORMANCE BY SERVICE PROVIDERS AFTER THE ORDER HAS BEEN PLACED.
DISPUTE SETTLEMENT TIMELINE
MECHANIX AIMS TO SETTLE ANY DISPUTE WITHIN 2 DAYS FROM RAISING THE COMPLAINT. HERE MECHANIX WILL PLAY THE ROLE OF A MARKETPLACE TO RESOLVE THE DISPUTE ISSUE BETWEEN SERVICE USER AND SERVICE PROVIDER. IF THE STAKEHOLDERS FAILS TO RESPOND TO MECHANIX’S PROPOSAL OR COMMUNICATION REGARDING DISPUTE SETTLEMENT WITHIN 2 DAYS, MECHANIX HAS THE RIGHT TO RESOLVE THE DISPUTE IF SEES FIT.
DISPUTE COVERAGE
HOWEVER, UNDER CERTAIN CIRCUMSTANCES, MECHANIX CAN CHOOSE TO COMPENSATE THE PLATFORM USERS FOR POOR SERVICE DELIVERY BY SERVICE PROVIDERS. THE EXTENT OF THIS COMPENSATION IS LIMITED TO 10% OF ORDER VALUE OR BDT 5000 WHICHEVER IS LOWER. THIS COMPENSATION WILL BE PROVIDED IN THE FORM OF FREE FUTURE SERVICE COUPON AGAINST THE DISPUTE CASE. DECISION WILL BE TAKEN BY MECHANIX SUPPORT MANAGEMENT TEAM AFTER PROPER INVESTIGATION OF THE DISPUTE.
General Information
- ENTIRE TERMS OF USE
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by MechaniX on the Website, shall constitute the entire agreement between you and MechaniX concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MechaniX’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
- STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- SECTION HEADINGS
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.
- LIMITATION OF SCHEDULING
A Order’s schedule can be set for 3 times maximum (Initial Schedule plus two Reschedule).
Reschedule can not be more than One week from current schedule. Exception can be handled case by case.