MyMechanic Terms and Conditions

Contractual Relationship

Honk Sdn Bhd, incorporated under the Companies Act 2016 of Malaysia, a private company limited by shares, having its registered office at L-2-6 Block L, Plaza Damas, No. 60 Jalan Sri Hartamas 1, Sri Hartamas, 50480 Kuala Lumpur, W.P. Kuala Lumpur, Malaysia, operating under the trademarked name “MyMechanic,” provides holistic car services including maintenance, repair, and other related services. The use and access of our website https://www.mymechanic.me (“Website”), and our mobile applications “MyMechanic (TM) - Car Services” (“Applications”), or any products or services in connection with the Application or Website (“Services”) shall be governed by these terms and conditions (“Terms”). The Website and Applications are together referred to as the “Platform.”

These terms constitute a legally binding and enforceable agreement between MyMechanic (TM) (“Company/we/us/our”) and its Users (“User/you/your”) and govern your use of the Platform to browse and/or avail the Services displayed by us on the Platform. By accessing and using our Services, you agree to be bound by these terms, establishing a contractual relationship between you and the Company. In case you do not agree to the terms, you may not use or access, or you may stop using or accessing our Services. These Terms expressly supersede prior written agreements with you. The Company requests that the User carefully read these terms & conditions (“Terms and Conditions” or “Terms”) prior to accessing the Platform or availing Services (as defined below) using the Platform.

The Company reserves the right, at its sole discretion, to change, modify, or amend the Terms to comply with legal or regulatory frameworks and for other legitimate business purposes, at any time. The Company will post the amended Terms on the domain of https://www.mymechanic.me/pages/terms-and-conditions It is your responsibility to review the Terms for any changes, and you are encouraged to check the Terms frequently. The Company shall not be under any obligation to notify Users of any changes to the Terms and Conditions. If you continue to use the Platform, Content (as defined below), and/or Services after the updated Terms and Conditions have been published, it shall be deemed that you have read, understood, and accepted the updated Terms and Conditions. Any reference to Terms and Conditions herein shall refer to the latest version of the Terms and Conditions.

Definitions

“Content” refers to all forms of information or data, including (but not limited to) reviews, images, photos, audio, video, location data, nearby places, and other related materials. "Your Content" or "User Content" means Content that you upload, share, or transmit through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials you publicly display or that are displayed in your account profile. "MyMechanic (TM) Content" refers to Content created and made available by MyMechanic (TM) in connection with the Services, including (but not limited to) visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports, and other usage-related data associated with your account. This excludes Your Content.

“Estimated Cost” refers to the service provider’s approximation of the potential cost of a Service. The purpose of cost estimation is to provide an idea of the quantity, cost, and price of the resources required to complete a specific job.

“Membership Plan(s)” refers to subscription or other types of membership offers provided by MyMechanic (TM) to users through various online or offline media channels. The terms, conditions, and prices of these plans will be communicated through the relevant media at the time such offers are issued.

“Service(s)” refers to the range of car services provided by MyMechanic (TM) through its platform, as detailed further under Clause 3. The services offered through the platform may change periodically at MyMechanic (TM) discretion.

“User” or “You” refers to any individual residing in Malaysia who owns a vehicle (particularly those out of the manufacturer warranty period) in urban areas, especially major cities, and who wishes to avail themselves of Services on the MyMechanic (TM) platform. This includes users registered on the platform for such purposes.

Services

The Services provided by MyMechanic (TM) constitute a technology platform that enables users in Malaysia to arrange and schedule repair or maintenance services for their vehicles with independent third-party providers. Through the platform, users can submit a request and receive a list of potential service providers, along with information about their experience and expertise.

MyMechanic (TM) also offers towing services to help get your vehicle out of challenging situations and back on the road, available on a chargeable basis.

You acknowledge that MyMechanic (TM) does not directly provide repair or maintenance services. All such services are carried out by independent third-party contractors who are not employees of MyMechanic (TM).

Even after accepting and/or confirming an appointment for the service or repair of your car, MyMechanic (TM) cannot guarantee the availability of the service provider. Upon receiving your appointment request, MyMechanic (TM) will make reasonable efforts to connect you with a third-party service provider so you can access car repair and maintenance services at or near your location.

You understand that the cost and time estimates provided for services or repairs are based on the details of your request and are approximate in nature.

Eligibility

By using the services, you represent and warrant that you are at least eighteen (18) years of age and possess the full capacity to understand, agree to, and comply with the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms.

You confirm that you comply with all applicable laws and regulations in the country when accessing and using the services. You agree to use the services in accordance with these Terms, ensuring compliance with applicable laws and in a manner that does not infringe upon the legal rights of the company or any third parties.

If you are accessing and using the services on behalf of an organization, you agree to these Terms on behalf of that organization. Additionally, you affirm that you have the authority to act on behalf of the organization and to bind it to these Terms.

Use of services

To use certain features of the platform, you must create an account. Any personal information provided during the account creation process will be handled in accordance with our privacy practices. You are responsible for maintaining the confidentiality of your password and account details. You are solely accountable for any updates, changes, and activities conducted through your account.

We reserve the right to modify the platform by adding, altering, or removing services at any time. Some services may become chargeable at our discretion.

When booking a service, you must ensure that the request is genuine and accurately reflects the work you need completed. Additionally, feedback for service providers should only be posted if you have genuinely utilized their services via the platform.

Support

MyMechanic (TM) provides email and phone-based support along with an online repository of FAQs to assist users. For any assistance, you can email support@mymechanic.me or call the helpline at +03-92121214 (available Monday to Sunday).

Every complaint is addressed promptly upon receipt during business days, with efforts to resolve it within seven (7) days. Suggestions regarding the use of services should not be interpreted as warranties.

Complaints are handled according to standard policies and procedures. Dissatisfaction with the resolution or outcome does not indicate non-redressal of the complaint. Suggestions provided for service use are purely advisory and not guaranteed.

Reasonable precautions are taken to ensure the safety of vehicles in MyMechanic (TM)'s possession. In case of theft, necessary measures such as promptly informing the user, filing a police report, and cooperating with authorities are undertaken to support the recovery of the vehicle.

Prohibited Usage of the Platform

Users are strictly prohibited from engaging in any illegal activities on the platform. This includes actions such as violating or attempting to compromise the integrity or security of the platform, transmitting information that disrupts or competes with the services provided by MyMechanic (TM), intentionally submitting incomplete, false, or inaccurate information, or sending unsolicited communications to other users. Additionally, users must not use automated tools like spiders, robots, avatars, or intelligent agents to navigate or search the platform, nor should they attempt to bypass or disable any digital rights management, usage rules, or other security features of the platform.

Unlawful activities on the platform are strictly prohibited under Malaysian law. If MyMechanic (TM) becomes aware of such activities, whether directly or through a written or electronically signed complaint, the necessary actions will be taken. This may include disabling the violating content, preserving associated records for at least 90 days for investigation purposes, and cooperating with governmental authorities.

In the event of non-compliance with applicable laws, regulations, or these terms, MyMechanic (TM) reserves the right to immediately terminate the user’s access to the platform and services and remove any non-compliant information.

User-generated information may be disclosed or transferred to affiliates or governmental authorities as permitted or required by Malaysian law. Sensitive personal data will only be transferred to entities that adhere to the same level of data protection as MyMechanic (TM), and only when necessary for the performance of lawful contracts or with the user’s consent.

User Comments, Feedback, and Other Submissions

All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted, or offered to MyMechanic (TM) through the platform, or otherwise provided in connection with your use of the platform (collectively referred to as "Comments"), shall remain the sole property of MyMechanic (TM). By submitting or disclosing any Comments, you assign all worldwide rights, titles, and interests in the Comments to MyMechanic (TM). This assignment grants MyMechanic (TM) the exclusive rights to use the Comments in any way, whether for commercial or other purposes, without limitation. MyMechanic (TM) is not obligated to maintain the confidentiality of any Comments, provide compensation for them, or respond to user-submitted Comments.

You agree that any Comments you submit will not violate the rights of any third party, including but not limited to copyright, trademark, privacy, or other personal or proprietary rights. Furthermore, you agree not to submit Comments that are unlawful, libelous, abusive, or obscene. As the user, you will remain solely responsible for the content of the Comments you make.

You must not upload, post, email, or transmit any material intended to disrupt, destroy, or interfere with the functionality of the platform or its services. MyMechanic (TM) reserves the right to restrict or terminate your access to the platform and its services if you violate these terms or engage in illegal or fraudulent activities.

You further agree that neither you nor anyone acting on your behalf will publish, post, or issue defamatory remarks in any format—whether written, oral, or electronic—against MyMechanic (TM), its employees, clients, operations, or services. Any violation of this clause or attempts to intimidate or defame MyMechanic (TM) will make you liable to compensate for any resulting losses. MyMechanic (TM) reserves the right to initiate legal proceedings, including civil or criminal actions, to recover damages and address any unlawful defamation in accordance with Malaysian law.

User Data

By using this platform, you represent and warrant that any information provided by you is true, accurate, and complete, and that you will regularly maintain and update this information. You agree that if any information you provide is false, inaccurate, outdated, or incomplete, access to the platform may be terminated.

You agree that the platform may collect and use your information, technical data, and related information for validating documents submitted. The platform may use this data for analytics, trend identification, and statistical purposes to enhance the effectiveness and efficiency of the services. This information may be shared with affiliated companies and service providers to facilitate your access to the platform's services. You consent to such use and sharing of your information.

Subject to applicable laws in Malaysia, the platform may be required by law enforcement agencies, the government, or other relevant bodies to disclose user data in connection with criminal proceedings. In such cases, the platform shall have the right to share such data with the relevant agencies or bodies.

Intellectual Property Rights

The Platform is designed, updated, and maintained independently by MyMechanic (TM). When you access the Platform, you do so under a license granted by us. All rights, title, and interest in text, graphics, audio, design, and other works on the Platform, along with all intellectual property related thereto, including but not limited to the domain name, copyrights, the look and feel of the Platform, trade name and trademarks, patents, and designs, are the sole property of MyMechanic (TM) or its licensors. All third-party trademarks and brand names that appear on the Platform are the property of their respective owners. Content on the Platform is for personal use only, unless otherwise permitted. Any alteration or use of the material on the Platform for commercial purposes is a violation of the intellectual property rights of MyMechanic (TM) and/or its affiliates, associates, or third-party information providers. We reserve the right to suspend or cancel the service at any time if a computer virus, bug, or other technical issue compromises the security or proper functioning of the service.

You acknowledge and agree that through your use of the Platform or by availing of any services through or at the Platform, no rights (express or implied) are granted to you in respect of such content. MyMechanic (TM) reserves the right to change or modify the content from time to time at its sole discretion.

License

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to (i) access and use the applications on your personal device solely in connection with your use of the car services provided; and (ii) access and use any content, information, and related materials that may be made available through the services, solely in connection with your use of the services. The Company and its licensors reserve all rights not expressly granted herein.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the platform and services, except as expressly permitted in these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in the Terms and Conditions. The platform and the intellectual property rights vested therein are owned by the Company.

Limitation Of Liability

The Company does not warrant that the results obtained from the use of the Service will be accurate or reliable. You agree that, except as expressly stated by the Company, the Services and all products provided or delivered to you through the Service are provided 'as is' and 'as available' for your use, and are without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties. While we endeavour to ensure that your access and use of the Platform are safe, we cannot and do not represent or warrant that the Platform or its server will be error-free, uninterrupted, free from unauthorized access, or otherwise meet your requirements.

In no case shall our directors, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the Services, even if the Company has been advised of the possibility of such damages.

The Company shall not be liable for any damages, liability, or losses arising out of your use of or reliance on the Services, your inability to access or use the Services, or any transaction or relationship between you and any third-party provider, or any delay or failure in performance resulting from causes beyond the Company's reasonable control.

Exemptions To Liability Of Company

The User further agrees and confirms that the Company shall not be responsible, in any manner whatsoever, for any delay, unavailability of Services, or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to: your failure to cooperate; your unavailability and/or unresponsiveness; your failure to provide accurate and complete information; your failure to provide or facilitate the submission of User materials in a timely manner; or any event beyond the Company’s reasonable control.

The User further agrees that the Company shall only be liable to provide assistance and cooperation in the event of theft or an accident involving the vehicle while on the premises of the service partners. The Company shall provide all necessary assistance in a timely manner with respect to any insurance claims, police reporting, and/or any other formal procedures as may be required. However, the Company shall not be liable to compensate the User for any loss unless the loss is caused solely by an act attributable to the Company or due to gross negligence on the part of the Company (and not the service partner).

Billing/Charges

You acknowledge that by using the Services, you may be subject to charges from a third-party service provider for the services you receive ("Charges"). The Company, as a limited payment collection agent for the third-party service provider, will facilitate your payment of the applicable Charges after you have received services through your use of the Service. The Charges will be handled as if you had directly paid the third-party service provider. All Charges will include all applicable taxes unless otherwise specified by law. Unless otherwise stated by the Company, all Charges paid by you are final and non-refundable.

The Charges may be updated or changed at any time based on the analysis of the third-party service provider or your new requests. The updated Charges shall be communicated to you by the Company, and only upon your approval of the Charges will the services be provided by the third-party service provider.

You acknowledge that the Charges from a third-party service provider must be duly paid, and failure to make payment will be considered a breach of these terms. In the event of such a breach, you shall be liable to pay liquidated damages equivalent to the value of the said services. You hereby authorize the Company to deduct or collect the amount payable as liquidated damages through such means as the Company may exercise.

In the event of any material changes and a default in payment by the User, the Company has the right to keep the vehicle in its possession until payment in full has been made by the User, along with any additional costs, if applicable. If you fail to make payment of the Charges after more than 90 days from the completion of the services, the Company shall be entitled to recover the outstanding amount by selling your vehicle.

You acknowledge that you will be liable for the payment of towing services provided by the Company as per the Company’s Charges.

Membership Plans will be offered by the Company from time to time through its website, app, social media, and print media. You can purchase the membership through the Platform by adding it to the cart, checking out, and making the payment.

The Company reserves the right to alter, modify, suspend, or discontinue any terms and conditions associated with the Fee, including but not limited to the period, rate, and services included in the membership. The Company shall notify you of any changes to the features of the membership before it expires. We will provide you with advance notice of any change in Fees.

If the User fails to collect their car on the agreed delivery date, the Company shall arrange for the storage of the car at the User’s risk and expense. A parking fee of RM 20 per day will be charged for such storage.

Payment for the Services by Users may be processed through third-party internet payment service providers. By purchasing any Services through the Platform, you consent and agree to abide by the terms and conditions and privacy policies of such third-party internet payment service providers. You agree and acknowledge that the Company has no responsibility or liability under the terms and conditions or policies of the third-party internet payment service provider. If the terms and conditions or privacy policies of such third-party internet payment service providers are not acceptable to you, please do not purchase such Services through the Platform.

Additionally, the Company has no authority over or liability for the delivery, safety, legality, or any other aspect of transactions or services availed by Users through third-party internet payment service providers. The Company will not be responsible for ensuring that any third-party internet payment service provider the Users operate with will carry out the complete transaction or has the appropriate authority to do so. In the event of disruptions or problems while making the payment for the Services through third-party internet payment service providers, or if the User has a dispute with such third-party service providers, the User should resolve the issue directly with that provider.

Cancellation And Refund

You have no right to request a refund or cancellation for an accepted service from the Platform. Once an order is placed (i.e., upon acceptance of the estimated cost by the User), you shall not be entitled to cancel the order or seek a refund for the Services provided.

Dispute Resolution

In the event of any dispute or difference between the User and the Company regarding the interpretation of these terms, any claims, or disputes arising out of or pursuant to these terms, the matter shall be referred to a sole arbitrator appointed by mutual consent. The arbitration proceedings shall be conducted in accordance with the provisions of the Arbitration Act 2005 of Malaysia, and the courts of Malaysia shall have exclusive jurisdiction over the matter and/or for enforcement, as applicable.

Governing law

These Terms and any separate agreements through which the Company provides services to you shall be governed by and construed in accordance with the laws of Malaysia, and the courts of Malaysia shall have jurisdiction.

General provisions

If any provision of these Terms is found to be illegal or unenforceable by a court or other competent authority, the remaining provisions will remain in effect. If a part of an unenforceable provision can be made lawful by removing that part, the rest of the provision will remain in effect. Any failure by the Company to enforce or exercise any provision of the Terms shall not be seen as a waiver of that provision or right.

The Company provides these Terms to ensure that you are aware of the applicable terms for your use of the Platform and Services. By accepting these Terms, you acknowledge that you have had a reasonable opportunity to review them.

These Terms are personal to you and are not transferable except with the Company's prior written consent. The Company may assign or transfer any of its rights or obligations under these Terms without your consent.

Notices under these Terms will be in writing and deemed delivered when received if personally delivered or sent by registered mail, facsimile, email, or overnight delivery.

No agency, partnership, joint venture, or employment relationship is created by these Terms, and neither party has authority to bind the other.

Termination

The Company may terminate your access to the Platform or any service at any time for any reason, including a breach of these Terms. Once terminated, you may not use the Platform under the same or a different account, nor re-register. Upon termination, you will no longer have access to data, messages, and other material on the Platform.

You may terminate these Terms at any time. However, your obligations and liabilities prior to termination will survive. These Terms will remain in effect until either you or the Company terminates them. If you fail to comply with any provision of these Terms, the Company may terminate the agreement without notice.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, subsidiaries, and employees from any liabilities, losses, claims, and expenses arising from your use or misuse of the Services and Platform, violation of the Terms, or any applicable laws, contracts, or regulations. The Company reserves the right to assume exclusive defense of any matter subject to indemnification by you.

Contacting You

You agree that the Company may contact you through various means of communication, including telephone, email, and SMS, for feedback on the Platform or Services or to resolve any queries related to your content. You will cooperate with the Company in this regard.

By providing suggestions or feedback, you agree that the Company may use and share such feedback for any purpose without compensation to you and with no obligation to keep it confidential.