TERMS OF SERVICE
TERMS OF SERVICE
This Terms of Service was published on 10-07-2022 and last updated on 12-05-25
YOUR ATTENTION IS HEREBY DRAWN TO SECTION 16 AND 17(L).
- OVERVIEW AND INTRODUCTION
- We are Mobrage Limited (Hereinafter referred to as “Mobrage” “we” “our Platform” and “us”), a company registered in the United Kingdom but operating services globally. We are a digital marketplace for vehicle owners and vehicle experts. We aim to allow Vehicle Experts and Vehicle Users to locate one another quickly and efficiently.
- We are based in London, United Kingdom. Regarding any issue related and connected to these Terms of Service, we can be contacted at info@mobrage.com, We have a dedicated team who would endeavour to respond to your email timeously. Please be informed that we can only give clarifications and explanations when contacted. We are not able to provide legal or technical advice. Mobrage is not a car servicing or technical company, neither are we a car garage. We do not provide vehicle services, we are only a Platform bringing Vehicle Experts and Vehicle Users together so please do not rely on any information on our Platform to determine your choice of Vehicle Expert or Vehicle User.
- By using our Platform, Services and Platform, Users agree to be bound by these Terms of Service, our Code of Conduct and Acceptable Use Policy our Privacy and Cookies Policy. In addition to these, Users agree to be bound to additional policies applicable to any of our Services, its functionality and contents. These terms are incorporated by reference.
- These Terms of Service govern and regulate your use of our Platform, Application and Services, by using our Platform, you consent to these terms and are bound by it. Please kindly read these terms carefully. These Terms override any previous communication or agreement with Mobrage in relation to any of our Services and Platform.
- DEFINITIONS.
As used in this Terms of Service, the following shall have the meanings ascribed to them below with words in the singular deemed to include those in the plural and vice versa:
- Application – means Mobrage mobile applications that can be downloaded and used to access our Platform.
- Account or Dashboard – A page where registered Users can view their activities, manage their membership and edit their settings on our Platform.
- Booking – means a contract between the Vehicle User and the Vehicle Expert which, in addition to all the terms in this Terms of Service are subject to the additional terms in clause 9 below.
- Commission shall have the meaning given in clause 11.
- Forum – A page on our Platform where Users can converse and communicate on matters related to Vehicle Services.
- Free Trial – A usage plan which allows Users to use our Services with certain limitations and within a limited period of time.
- Mobrage – means Mobrage Limited, a company registered and located in the United Kingdom which can be contacted at info@mobrage.com
- Minimum Engagement Fee shall have the meaning contained in 9(g)
- Our Content – includes those contents provided to Users by Us, which is related or connected to our Services or activities on our Platform.
- Party – means either User as defined in 2(n) or Mobrage as defined in 2(e).
- Parties – means both Users as defined in 2(n) and Mobrage as defined in 2(e)
- Platform – Includes all avenues in which our Services can be accessed and used. This includes but is not limited to www.mobrage.com, mobile applications, any of our Services, etc.
- Private Messaging – A feature of our Platform where Users can communicate with each other.
- Terms of Service – means this “Terms of Service” together with the terms incorporated by reference, all as may be amended, varied or supplemented from time to time by Mobrage in accordance with clause 17(g).
- User – any User of our service including but not limited to Vehicle Experts, Vehicle Users, or any person using our Services or Platform.
- User Content – means any content provided by the persons who fall under the category in 2(n) above.
- Vehicle Expert – means a provider of vehicle related Services independent of Mobrage Limited that has registered on our Platform and is promoting its Services on our Platform.
- Vehicle Expert Service Page – means a page on our Platform setting out the description of the Vehicle Expert and reviews provided in respect of the Vehicle Experts by other Users of our Platform,
- Vehicle Expert Services or Vehicle Services – means any vehicle related service rendered by a Vehicle Expert which has been promoted on our Platform.
- Vehicle User(s) – means any person or organization registering or seeking to use, view or register on our Platform with the sole aim of finding Vehicle Experts and other vehicle-related matters.
- Website – www.mobrage.com and all of our Services.
- You – means the same thing as “User” as described in 2(n)
- Our Services – means our introductory service and all part of services rendered on our Platform
2.1 REFERENCES.
Any reference to a statutory provision shall be construed as a reference to:
- Any statutory modification or re-enactment thereof (whether before or after the date hereof) for the time being in force;
- All statutory instruments or orders made pursuant thereto; and
- Any statutory provisions of which that statutory provision is a re-enactment or modification.
- Any reference to a document or this Terms of Service shall include a reference to any amendment, replacement, notation or supplement to that document or this Terms of Service but excluding any amendment replacement, notation or supplement made in breach of this Terms of Service.
- Any reference to a party, (who can either be Users or Mobrage collectively and individually) to this Terms of Service includes a reference to that party’s successors and permitted assigns.
- Paragraph headings are inserted for ease of reference and convenience and shall not be construed as forming part of this Terms of Service or used in the interpretation of any Article hereof.
- Words denoting the singular shall include the plural and vice versa.
- Words denoting persons shall include corporations, firms and organisations and vice versa.
- Words denoting any gender shall include all genders.
- OUR SERVICES.
- We are Mobrage Limited, a company registered in the United Kingdom. Mobrage is a digital marketplace for vehicle owners and vehicle experts. We aim to allow and help Vehicle Experts and Vehicle Users to locate one another quickly and efficiently. The Mobrage App lets Users quickly and timeously search for verified Vehicle Experts who can assist with Users’ specific problem and narrow the search results down to within a 10-mile radius of where Users are.
- Mobrage expressly states that we are not responsible for the activities of any Vehicle Expert. We are only a Platform bringing Users together. Every Expert setting up an Account is under the obligation to ensure that it secures the needed authorisation, permit or licence to offer Vehicle-related Services within the confines of the laws of the United Kingdom, practice regulations related to the practice of the Vehicle Expert Services and the local laws of the jurisdiction at which it operates.
- Our Platform and our Services are not geared or set up to recommend or tout any Vehicle Expert. We are only a Platform bringing Users, Vehicle Experts and Vehicle Users together. It is the responsibility of Users to read the information on each User’s page to make an informed personal decision on whether to engage with the User or not. As a User and/or a Vehicle User, you are responsible for making a decision regarding the authenticity and suitability of the Vehicle Expert for your use.
- We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.
- YOUR ACCOUNT AND THE SECURITY OF YOUR ACCOUNT
- To use our Services, you need to have opened an account with us.
- As a Vehicle Expert, we conduct several checks to verify your suitability as a Vehicle Expert and for the use of our Platform. We will request your business details, contact details, website URL, details of your services, proof of registration as a business, proof of address, insurance documents, driving licence, vehicle maintenance qualification (if you have one), a photo selfie, operating business days and hours, and such other documentation and information requested by us from time to time by us. All verified Users will have a Verification Badge attached to their profile. For avoidance of doubt, you will not be able to provide your services on our Platform without being verified
- As a Vehicle User, we collect selected information when registering an account with us. These pieces of information include but are not limited to name, email address, phone number, location and other information as contained in our Privacy Policy.
- The safety and protection of collected information and documentation are managed in accordance with our Privacy Policy.
- You are obligated to provide accurate and complete information when registering an account on our Platform or when interacting with us through any means whatsoever. It is your responsibility to provide accurate information to us at all times. You must ensure that your account is updated and accurate at all times. You are responsible for your account. You must inform us of any changes to your information as any damages for not doing so is your sole responsibility.
- The confidentiality of your account and its activities are your sole responsibility. Any suspicion of any unauthorised use of your account should be reported to us immediately by sending an email to info@mobrage.com. We are not liable for any loss or damages from any unauthorised use of your account by another person. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account.
- You hereby represent that You are not impersonating another person, being fraudulent, being offensive or violating another User’s right. You also obligate that the Username selected is not offensive and targeted at demeaning another User.
- You agree to not share your account (or account details) with anyone else, or sell, transfer, license or assign your account or any account rights to third parties.
- Should your account be banned by Us, you are not entitled to create a new account to access our Platform.
- We reserve the discretion and right to terminate, monitor, suspend, delete or ban the account of any User on our Platform. We have no obligation to give any reason or explanation for such action. We take these actions for the benefit of our Platform.
- Users can delete their account and thereby permanently terminate their access to our Services in their Account and/or Dashboard. Please note that deleting your account does not delete your Content. We may need to keep certain Users’ content (except personal data) for business reasons and legal compliance purposes. All personal data will be deleted within seven days of a User deleting his/her account. Please read our privacy policy for more information.
- As a Vehicle Expert, if you request to delete your Account while there are outstanding or pending commissions owed to Mobrage, you will remain responsible for paying all such commissions in accordance with Section 11 of these Terms of Service. Your Account may remain active until all commission obligations have been settled, unless you confirm in writing that you wish to proceed with account deletion regardless. Please note that in such cases:
- You will not be entitled to any refund or compensation;
- Any upcoming or recurring Bookings facilitated through our Platform will be cancelled; and
- All future access to our Platform and its services will be revoked upon deletion.
- Deleting your account will also result in the cancellation of any recurring communications, earnings summaries, and platform notifications.
- USERS OBLIGATIONS.
We give to all our Users a limited, non-exclusive non-transferable, and revocable license to use our Platform and Services. However, this right of use is subject to this Terms of Service and the following restrictions:
- Users and Vehicle Users in the United Kingdom and European Economic Area (EEA) must be 18 years old to use our Platform and Services. For minors outside the EEA and the UK who are between the age of 13 and 18, the use of our Platform or any of our Services must be through the use of an account owned and operated by a parent or legal guardian. The parent must also provide affirmative consent and supervise the use of their account. Users are solely responsible for any use of their account by a minor.
- To use our Platform as a Vehicle Expert, you must be a registered business licensed to provide Vehicle Experts’ Services.
- By using our Platform, you hereby confirm that you are of the required Age as stated in 5(a) and you are licensed registered business as stated in 5(b). A breach of this term constitutes a fundamental breach of this Terms of Service.
- You must refrain from carrying out activities that infringe on the right of another User or person, carry out criminal activities, violate any law, breach a contract or a legal duty, offer illegal rewards, violate our Terms of Service and other related policies.
- You must respect the rights of others, must not post wrong information, avoid unsolicited communications, engage in actions that are libellous, tortious, profane, obscene or invade another person’s privacy. Users must not defame, harass, abuse, threaten, spam or distribute viruses or any software/program that invades the privacy of any User, affects the proper functioning of any equipment or the use of our Platform by any User. You must not use our Platform to send junk messages, email or “spam” to people who do not wish to receive or hear from you.
- Compliance with our Code of Conduct and Acceptable Use Policy is a mandatory condition of using our Platform, any breach of this policy will be a material breach of this Terms of Service
- You must not engage in activities that are detrimental to our Platform or its functionality. You shall not take actions to bypass our security measures or gain unauthorised access to our content or any other User’s content, reverse engineer or take apart any of our Services or Platform.
- You shall ensure that the use of our Public forums and private messaging does not breach any applicable laws and is not used for illegalities or to spam other Users. The information discussed on your private messaging page with other Users is private and will only be accessed to protect our legitimate interest and to ensure compliance with our Terms of Service and other policies. Information on how we use your data can be found in our Privacy Policy.
- Mobrage is not responsible for any loss or damages arising from the failure to comply with clause 4(a) – 4(g) above. Mobrage may terminate, suspend or take any action against your account for violation of any Terms of Service.
- VEHICLE EXPERTS’ OBLIGATIONS.
As a Vehicle Expert, you are promoting your Services using our Platform. When you set up an account on our profile, you agree that you are entering into a separate legal agreement with Mobrage and Vehicle Users, as applicable. In addition to all other Mobrage policies and this Terms of Service, the following applies to all Vehicle Experts on our Platform:
- All Vehicle Experts must be truthful and transparent about the information provided on our Platform. They must also be available to answer all questions and queries as asked by Vehicle Users.
- Keep private all personal information received from Users and Vehicle Users whether related to the Vehicle Expert Services or not.
- Mobrage may request for information about you, your Vehicle Expert Services and operation with another User. You agree that Mobrage may employ third parties to assess your information and to determine the veracity of the information provided to Us. You agree to provide this information to Mobrage upon request. Failure to provide any of the requested information within 14 days, or a longer period provided by Mobrage in the request made in writing, shall be deemed a material breach of this Terms of Service. Please note that this right to request for information does not confer on Mobrage any obligation to investigate any statement made by a User or any other person. Requests for information can be for any purpose as determined by Mobrage.
- You must comply with all legal requirements relevant to the use of our Platform and for the carrying out of your Vehicle Expert Services.
- You agree that once we connect you to Vehicle User, any contractual arrangement between You and the Vehicle Expert is not covered by this Terms of Service and we are not a Party to such contractual relationship.
- You must not use the Platform to conduct, display or spam users.
- As a Vehicle Expert, we allow you advertise on our platform’s homepage with a static image advert. This advert will show based on your location as set and selected on your profile.
- As a Vehicle Expert, you will be able to share your live location with Users. Please note that it is your responsibility to ensure your safety with the person you share your location with. Please ensure to stop sharing your location as soon as you have completed your services to the User.
- You agree that we shall be entitled to permanently or temporarily suspend your access to and use of our Services and/ or terminate our agreement with you, in the event that we have reason to believe that you may have failed to comply with our Terms of Service, or you are alleged to have done so, or we otherwise believe (in our reasonable discretion) that you have acted in a way which is or could be detrimental our Services or its reputation.
- You agree that you will only use any information concerning any Vehicle User for only the legitimate activities of connecting with the Vehicle User. You agree that you will not use such information for any other purpose without first obtaining the Vehicle User’s consent. You also agree to keep any such information secure and to comply with all applicable laws concerning privacy and data protection in relation to your use of that information.
- You shall be solely responsible for checking and verifying the details of a Vehicle User who contacts you before you agree to connect with him/her.
- You agree that you are not an employee or Worker of Mobrage and you agree not to hold yourself as such.
- You are responsible for the quality of your own advice and service. You agree that we have no liability for services rendered to other Users by You.
- PLEASE NOTE: BY REGISTERING AS A VEHICLE EXPERT AND BY USING THE SERVICES YOU ARE AGREEING THAT YOU SHALL BE SOLELY RESPONSIBLE FOR ALL PRODUCTS, SERVICES AND WORK YOU MAY UNDERTAKE OR PERFORM FOR ANY VEHICLE USER AND FOR YOUR DEALINGS WITH ANY VEHICLE USER. YOU AGREE TO INDEMNIFY US AND HOLD US HARMLESS FROM ANY COSTS, LOSSES OR CLAIMS WHICH YOU MAY SUFFER OR INCUR AND WHICH RESULT FROM ANY INFORMATION YOU SUBMIT OR TRANSMIT OUR SERVICES OR ANY ACTIONS OR LIABILITY ARISING FROM ANY OF YOUR ACTIONS ON OUR PLATFORM.
- VEHICLE USERS’ OBLIGATIONS.
As a Vehicle User, the use of a Vehicle Expert’s Services is voluntary and at your own discretion. You are to consider all the information presented to you and stated on the Vehicle Expert’s Profile to make an informed decision on whether you want to use the Vehicle Expert or not. In addition to all other Mobrage policies and this Terms of Service, the following applies to all Vehicle Users, as applicable, on our Platform:
- As a Vehicle User, you accept the risk of using a Vehicle Expert.
- You agree that we do not guarantee that the Vehicle Expert Services will be delivered, satisfy its goals or be deemed satisfactory by you. Mobrage undertakes no duty to investigate the veracity of any information made by a Vehicle Expert. We also do not endorse, guarantee, make representations, or provide warranties regarding the quality, safety, morality or legality of any Vehicle Expert, or the truth or accuracy of any User Content posted by the Vehicle Expert on our Platform the Services.
- You agree that once we connect you to Vehicle Expert, our contract with you has been performed. Any contractual arrangement between You and the Vehicle Expert is not covered by this Terms of Service and we are not a Party to such contractual relationship. Payment or subsequent communication is not related and covered by this Terms of Service.
- Vehicle Experts are not our employees or workers. We have no involvement in the provision of Vehicle Services. We require our Vehicle Experts to ensure that all information provided by them on their profile is accurate and complete. We take all reasonable steps we can to ensure that the Vehicle Expert is insured, has a trading history, and experiences in providing vehicle Services. We are therefore not responsible for any inaccuracies in any Vehicle Experts’ information.
- Vehicle Users may have legal rights against a Vehicle Expert in relation to any Vehicle Expert Services that are not performed with reasonable skill and care, or that do not match the description provided at the time of Booking (including any agreed modifications to the Booking). These rights exist independently of Mobrage and are enforceable directly against the Vehicle Expert.
- For Vehicle Users located in the United Kingdom, information regarding consumer rights is available from local Citizens Advice Bureaux or Trading Standards offices. Nothing in these Terms of Service shall affect any statutory rights to which a Vehicle User may be entitled under applicable consumer protection laws.
- YOU AGREE THAT WE DO NOT UNDER ANY CIRCUMSTANCES HAVE ANY RESPONSIBILITY TO YOU, OR LIABILITY TO YOU, FOR THE PERFORMANCE OR QUALITY OF ANY WORK WHICH YOU ASK ANY VEHICLE EXPERT TO CARRY OUT, OR FOR ANY ACTS OR OMISSIONS ON THE PART OF ANY VEHICLE EXPERT. VEHICLE EXPERTS WILL AT ALL TIMES REMAIN SOLELY RESPONSIBLE TO YOU FOR THE WORK THEY UNDERTAKE AND THEIR OWN ACTS AND OMISSIONS. OUR OBLIGATION IS ONLY LIMITED TO INTRODUCING YOU TO VEHICLE EXPERTS.
- MOBRAGE’S OBLIGATIONS.
- We are only a Platform that brings Users together. We do not endorse any User Content, guarantee the success of Services, the ability of any User, investigate or guarantee the information provided by any User. It is the sole responsibility of Vehicle Users to make informed decisions on the Vehicle Expert they select. Our help with the design or drafting of User Content does not confer any liability on it, they are activities of the User.
- Mobrage does not bear any liability and has no obligation to investigate, participate, or become involved in any dispute between Users.
- Mobrage may request information from Users, however, this is not an obligation, rather it is our discretion to decide whether to request for information or not. When we request for this information from Vehicle Experts, If the information is not provided within the requested time, Mobrage reserves the right to terminate any account and pursue any remedies available to it under this Terms of Service or any applicable law.
- Mobrage may remove User Content that violates our Terms of Service at its sole discretion. Removing User Content or terminating an account are not actions. It is at Mobrage’s sole discretion whether to give a reason for the action taken or not.
- BOOKING TERMS.
- Once a booking is submitted, you will receive a confirmation notification via the platform and/or email. Bookings are only confirmed once this confirmation is received. Mobrage does not guarantee the availability of any Vehicle Expert, and Vehicle Experts retain the right to accept or decline bookings.
- The Vehicle User is responsible for ensuring that the information provided when making a Booking is accurate and complete. The Vehicle User must also ensure that your vehicle is accessible and in a suitable condition to receive the booked Vehicle Expert Services.
- The Vehicle User accepts that except for definite services where the scope of work is unlikely to change (such as MOT), all quotation by Vehicle Experts are only estimates and the total cost of the Vehicle Expert Services described under the Booking may change based on undisclosed or circumstances totally different or more severe than described in the Booking.
- Vehicle Experts shall ensure that if any quoted fees are to be varied or increased, it shall receive the express approval of the Vehicle User and make adjustments on our Platform before providing the Services.
- Vehicle User(s) accepts that by using our Platform to make a Booking or request the Services of a Vehicle Expert, you will be required to provide us with a payment method.
- By using the Vehicle Expert Services, the Vehicle User authorize Mobrage to charge the Vehicle User’s payment method with such payments relating to the Booking or Vehicle Expert Services received.
- Once the Vehicle Expert has started travelling towards the job location, the relevant booking will incur a Minimum Engagement Fee which equals one-hour labour Fees calculated using the Vehicle Expert’s Fees as stated on his profile. This Minimum Engagement Fee only covers labour and does not include the cost of any additional goods or services, such as parts, restocking fees, towing, transport, or disposable materials that has been incurred/ordered based on the Booking by the Vehicle Expert. The Minimum Engagement Fee can only be reduced or waived if both the Vehicle Expert and Mobrage agree.
- When the Vehicle Expert has delivered the Vehicle Expert Services or related services such as diagnostics of any issue related to the Booking, a Booking will be subject to a “Minimum Engagement Fee” equivalent to 1 hour of labour. The Minimum Engagement Fee can only be adjusted or waived if both the Vehicle Expert and Mobrage mutually agree. For the avoidance of doubt, any charges for goods or services beyond labour, such as parts, re-stocking fees, towing, transport, or disposable materials, will not count towards the Minimum Engagement Fee.
- Service Adjustments and On-Site Assessments: Upon arrival at the designated service location, the Vehicle Expert may determine that the Vehicle Expert Services initially requested by the Vehicle User are unlikely to achieve the intended outcome. In such instances, the Vehicle Expert may advise the Vehicle User to consider alternative Vehicle Expert Services, such as further diagnostic work or additional repairs. In response to the Vehicle Expert’s recommendation, the Vehicle User may choose one of the following courses of action:
- instruct the Vehicle Expert to proceed with the originally requested Vehicle Expert Services, acknowledging that these services may not resolve the underlying issue;
- accept the Vehicle Expert’s recommendation to alter the scope of the Vehicle Expert Services and make arrangement if the services recommended cannot be carried out on the Booking Date or at the service location; or
- instruct the Vehicle Expert to cancel the booking entirely after which the Minimum Engagement Fee will be charged.
- The Vehicle Expert will not undertake any modified or additional Vehicle Expert Services without the express agreement of the Vehicle User.
- PAYMENT PROVISIONS.
- All Payment made in connection to any Vehicle Expert Service must be made on our Platform. As long as Users meet or connect through our Platform, all Payments for any Practitioner Service must be done through our Platform.
- Vehicle Experts agree not to circumvent the platform by accepting or soliciting bookings outside our Platform from Vehicle Users initially introduced through Mobrage. Any such circumvention will be treated as a breach of these Terms and may result in suspension or termination of the Vehicle Expert’s account, as well as liability for the Commission that would have been payable had the Booking occurred through the platform.
- Payment shall be made by Vehicle Users using the mediums and payment channels stipulated on our Platform. Please note that unless a payment channel is available on our Platform, they are not acceptable to us. Please note that the use of any payment medium might attract extra charges from the payment provider, this will be communicated to the relevant User before the payment medium is used. The affected User will pay for such additional charges. Data registered and saved by us act as proof of Booking and of all transactions done.
- Payment shall not be deemed to have been made until we have received cleared funds in respect of the full amount of a Booking.
- If you become aware of fraudulent use of your payment card or information on our Website, or if it is lost or stolen, you must notify your card provider in accordance with the applicable reporting rules.
- COMMISSION
- In consideration for the use of our Platform and access to Vehicle Users, each Vehicle Expert agrees to pay Mobrage a commission equal to fifteen percent (15%) of all fees received for any Vehicle Expert Services provided to Vehicle Users introduced or connected to the Vehicle Expert through our Platform (“Commission”).
- The obligation to pay Commission applies to:
- all Bookings facilitated and completed through our Platform; and
- any Vehicle Expert Services rendered by the Vehicle Expert to a Vehicle User who was first introduced, matched, or otherwise connected to the Vehicle Expert via our Platform, whether or not the subsequent services are booked through our Platform.
- Commission is calculated based on the total amount charged to the Vehicle User for the relevant Vehicle Expert Services, excluding applicable taxes. Mobrage may deduct the Commission at the time of payment processing or invoice the Vehicle Expert where payments are collected independently. The Commission is deemed earned by Mobrage:
- For Booking made on our Platform: at the time he Booking is confirmed and completed
- For Vehicle Expert Services rendered outside our Platform (as described in 11(b)(ii) above): upon confirmation and completion of the relevant Vehicle Expert Services.
- Mobrage reserves the right to amend the Commission rate or related terms from time to time. Any such changes will be communicated in advance, and continued use of our Platform following such notice constitutes acceptance of the revised Commission terms.
- CANCELLATION.
12.1 Vehicle Users Cancellation
- Vehicle Users may cancel a Booking at any time prior to the scheduled service. However, cancellations made within certain timeframes before the appointment may result in additional charges, as outlined below. The specific cancellation charges, including applicable fees, will be in accordance with the terms of this section 12 and may vary based on the type of Vehicle Expert Services, the Vehicle Expert’s policies, or the location.
- Cancellation and rescheduling within 24 Hours of scheduled service provisions time: If a Vehicle User cancels or reschedules a Booking within 24 hours of the scheduled arrival time, a late cancellation or rescheduling fee may apply. This fee can be up to £40, depending on the circumstances and the Vehicle Expert’s specific cancellation policy. This fee is intended to cover the administrative costs and the potential lost time of the Vehicle Expert.
- Cancellation after Vehicle Expert has commenced traveling: In the event that a Vehicle User cancels or reschedules a Booking after the Vehicle Expert has begun traveling to the service location, a cancellation fee may apply. This cancellation fee would be Minimum Engagement Fee plus any reasonable costs incurred by the Vehicle Expert for their travel and time. The Arctic Monitoring and Assessment Programme calculator will be used to assess the additional cost.
- Cancellation after commencement of the Service Expert Services: If a Vehicle User cancels the Booking after the Vehicle Expert has begun the Vehicle Expert Services, an in-progress cancellation fee will apply. The Vehicle User will be charged for any labour costs already incurred, any parts already fitted, and any additional costs associated with restoring the vehicle to its original state (if requested). This will also be subject to the Vehicle Expert’s Minimum Engagement Fee.
- Vehicle Expert Cancellation: Vehicle Experts are expected to honor all confirmed Bookings. If a Vehicle Expert needs to cancel a Booking, they must do so through our Platform as soon as possible, and the Vehicle User should be notified promptly. Excessive or last-minute cancellations by Vehicle Experts may result in penalties, account suspension, or removal from our Platform.
- Mobrage Cancellation: Mobrage reserves the right to cancel any Booking due to operational, safety, or compliance reasons. Affected Vehicle Users will be notified promptly, and we may offer a refund or assist in arranging alternative services, at Mobrage’s discretion.
- Refund: Where a refund is approved under this Section 12, it will be processed back to the original payment method within a reasonable timeframe but no later than 14 days of cancellation. Any deductions, such as cancellation fees, labour or parts costs, will be detailed and itemised.
- ADVERT SERVICES AND PAYMENT FOR ADVERT SERVICES
- To facilitate visibility on our Platform, we allow our Vehicle Experts to purchase adverts on our homepage. The adverts are location specific and determined by cities as chosen by the relevant Vehicle Expert. Adverts will lead directly to the Vehicle Expert’s page.
- The Vehicle Expert agrees that the advert priority shall operate on a first-come, first-served basis, and such basis will be determined based on the date of payment. Any request to advertise on our Platform shall be an offer to advertise. All adverts will be reviewed by Mobrage, after which they will be accepted or rejected. Notice of acceptance or rejection shall be communicated to the Vehicle Expert.
- Acceptance of the offer to advertise on our Platform are only accepted either by: a) communicating a notice of acceptance to the Vehicle Expert; b) charging the Vehicle expert for the advert fee or c) displaying the advert on the advert day. Notwithstanding what is contained in this clause, any rejection will be communicated to the relevant Vehicle Expert. All Adverts on our Platform must be automotive-related. Mobrage reserves the right to reject any offer to advertise on our Platform without giving any reason for such rejection.
- Advert requests must be submitted at the latest, 36 hours before the advert day. The review process will be within 24-48 hours and must be submitted at least 36 hours before the advert day.
- The adverts shall be charged in advance for each advert day as chosen by the relevant Vehicle Expert. The advert prices are as displayed on our Pricing page and shall only be charged at the acceptance of the offer to advertise on the advert date. An advert day shall run from 0.00 to 23.59 and shall be determined based on the timezone of the city selected by the relevant Vehicle Expert.
- Advert Services are non-cancellable and non-refundable.
- Dispute Management
- If a Vehicle User or Vehicle Expert has a concern or disagreement in connection with a Booking or the delivery of any Vehicle Expert Services, the affected party must notify Mobrage as soon as reasonably possible by contacting our support team via the Platform. All disputes must be reported within 7 days of the relevant issue arising or the completion of the Vehicle Expert Services, whichever is earlier.
- Upon receiving notice of a dispute, Mobrage will make reasonable efforts to facilitate communication between the parties and help them reach a mutually acceptable resolution. This may include reviewing the Booking details, service communications, and any evidence provided by the parties.
- Mobrage is a facilitator of Bookings and does not directly provide any Vehicle Expert Services. While we may assist with dispute resolution in good faith, we are not a party to the agreement between the Vehicle Expert and Vehicle User and do not guarantee any outcome. Our involvement is limited to mediating discussions and, where appropriate, issuing refunds or adjustments based on our policies.
- In circumstances involving misuse of our Platform, payment disputes, or policy violations, Mobrage reserves the right to make a final and binding decision regarding the resolution of the issue, including the allocation of fees, suspension of accounts, or refund issuance. Such decisions will be made in accordance with the Terms of Service and applicable laws.
- If a dispute cannot be resolved with Mobrage’s assistance, either party may choose to pursue the matter independently through legal or other means. Nothing in this clause prevents a Vehicle User or Vehicle Expert from exercising their legal rights or seeking redress through formal channels.
- INTELLECTUAL PROPERTY MATTERS.
- Mobrage’s Intellectual Property – Our content, Services, trademark and everything on our Platform are protected through various intellectual property laws including but not limited to copyright, patent, trademark and all other available protections under the Laws of England and Wales.
- By using our Platform, you covenant that you will respect our intellectual property and not adapt it or create derivative works off our contents. We only grant you a limited, temporary, non-exclusive, non-transferable right to use and access our content and our Users’ content. You cannot and should not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt or copy any of the content on our Platform unless you get written permission from us.
- We have the right and discretion to limit or revoke this limited license to Users.
- Users’ Intellectual Property – Users grant a non-exclusive, global, no borders, perpetual, irrevocable, royalty-free, sublicensable, and transferable right to use of contents to Mobrage who can exercise, commercialise, and exploit the copyright, publicity, trademark, and database rights with respect to Users’ Content.
- Mobrage is hereby granted the right to edit, amend, make changes, translate, format or even delete any Users’ content as it deems necessary and appropriate.
- Users’ covenant, represent and warrant that they have the right and licence to confer the rights in 15(d) and 15(e) on Mobrage. Users also warrant that they have not infringed on any third party’s (intellectual, privacy, human, proprietary, confidentiality or any other rights) rights.
- Users further warrant that Mobrage is not required to obtain any license, consent, make any payment or obtain any permission from any third party to use any User’s content on our Platform. The User agrees that Mobrage does not have any liability for the use of any User content.
- If there is any suspicion of infringement of your intellectual property right by another User, please do not hesitate to contact us immediately as this is very important to us. You can contact us at info@mobrage.com
- Please note that we reserve the right and sole discretion on whether to delete, or disable the content infringing the intellectual property as alleged. We can also delete the Users’ accounts and ban them from using our Services or Platform. However, this is also at our discretion.
- DISCLAIMER – NO CONTROL OVER VEHICLE EXPERT AND VEHICLE EXPERT SERVICES.
16.1 DISCLAIMER.
- WE DO NOT PROVIDE VEHICLE SERVICES, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY VEHICLE EXPERT SERVICES, INCLUDING ANY ERRORS OR OMISSIONS IN THE VEHICLE SERVICES, OR ANY LOSSES OR HARM OF ANY KIND RESULTING FROM THE VEHICLE EXPERT PROVISION OF (OR FAILURE TO PROVIDE) THE VEHICLE SERVICES.
- ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THE VEHICLE EXPERT ARE THOSE OF THE VEHICLE EXPERT AND NOT THOSE OF US, EVEN IF THEY ARE COMMUNICATED ON OUR PLATFORM. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE EITHER ON OUR PLATFORM OR OTHERWISE, BY ANYONE OTHER THAN AUTHORISED MOBRAGE LIMITED.
16.2 LIMITATION OF LIABILITY
- WE ARE NOT RESPONSIBLE FOR:
- ANY LOSSES IN RELATION TO YOUR RECEIVING OR NOT RECEIVING OUR PLATFORM OR ANY VEHICLE SERVICES;
- ANY LOSSES ARISING DUE TO A BREACH OF OUR OBLIGATIONS WHICH ARISES DUE TO CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL;
- LOSSES OR HARM NOT CAUSED BY OUR BREACH OF THESE TERMS OR OUR NEGLIGENCE;
- LOSSES OR HARM WHICH IS NOT REASONABLY FORESEEABLE BY YOU AND US AT THE TIME OF YOU AGREEING TO THESE TERMS INCLUDING THOSE LOSSES WHICH HAPPEN AS A SIDE EFFECT OF FORESEEABLE LOSSES; OR
- TECHNICAL FAILURES OR THE LACK OF AVAILABILITY OF OUR PLATFORM.
- TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OF EARNINGS, LOSS OF ANTICIPATED EARNINGS OR LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES HOWSOEVER ARISING OUT OF YOUR USE OF OUR SERVICES OR ANY FAULT OR PROBLEM RELATING TO THE USE OF OUR SERVICE OR ANY CONTENT RECEIVED THROUGH THE USE OF OUR SERVICES.
- NOTHING IN THESE TERMS OF SERVICE SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY DUE TO OUR NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- MISCELLANEOUS PROVISIONS.
- Unsolicited Idea – Users agree that all unsolicited comments and advice are non-confidential and non-proprietary. An irrevocable, worldwide, transferable and royalty-free license to use, exploit, distribute and display unsolicited advice or communication is hereby granted to Mobrage.
- Release from Liability for Site Outages – Users agree that Mobrage does not bear any liability from any loss of data, business opportunity or content due to the scheduled maintenance, unplanned outages or malfunctioning of our Platform.
- Anti-Corruption – Users agree that in using our Platform, they will not undertake any conduct that constitutes an offence under applicable anti-corruption laws. A breach of this clause shall be deemed a material breach of this Terms of Service.
- Severability – In the event that any provision of this Terms of Service is held to be invalid or unenforceable in whole or in part, all other provisions will continue to be valid with the invalid and unenforceable parts severed from the remainder of this Terms of Service.
- Third Parties – This Terms of Service does not confer any rights on any person or a party other than the Users and Mobrage. The rights of the parties are not subject to the consent of any other person.
- Headings – The paragraph titles in this Terms of Service are for convenience only and shall not define or limit any of the provisions hereof. These headings are used for nomenclature purposes alone and do not denote an interpretation tool for any term in this Terms of Service.
- Amendment – We may update this Terms of Service from time to time by publishing a new version on our Platform. The right to amend is at our sole discretion. You should check this page occasionally to ensure you understand any changes to this Terms of Service. We may notify you of changes to this policy by email or through email or any other choice of communications as set by you.
- Anti-Slavery – Users covenants that they in using our Platform, they will not undertake any conduct that constitutes an offence under applicable anti-slavery laws. A breach of this clause shall be deemed a material breach of this Terms of Service.
- Notices – Unless otherwise stated in this Terms of Service or any other relevant part of our Platform, all notices and other communications shall be in writing and delivered by electronic mail. If to Mobrage, the email address is info@mobrage.com unless another email address is provided on the relevant page on our Platform or this Terms of Service. If to any User, the email address will be the email address provided when registering for an account.
- Waiver – No single or partial exercise of a right or remedy provided by this Terms of Service or by law prevents the further exercise of the right or remedy or the exercise of another right or remedy. A waiver of a breach of this Terms of Service does not constitute a waiver of a subsequent or prior breach of this Terms of Service.
- Relationship Of The Parties – This Terms of Service is intended and shall be construed as creating an Agreement for the purposes specified in this Terms of Service. Nothing in this Terms of Service or otherwise is intended or shall be construed as creating a partnership other than as specifically set out in this Terms of Service or any legal entity between the Users and Mobrage or any ongoing or continuing relationship or commitment between the Users of Mobrage, other than as specifically set out in this Terms of Service.
- INDEMNITY – USERS AGREE TO INDEMNIFY AND HOLD HARMLESS MOBRAGE, ITS SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL LOSSES, COSTS AND OTHER DAMAGE CAUSED BY THE USER, OR ANY ACTIVITY THAT IS RELATED OR CONNECTED TO THE USE OF OUR PLATFORM.
- Governing Law – These Terms of Service, the jurisdiction clause contained in it and any non-contractual obligations arising out of or in connection with it or its subject matter or formation are governed by, construed and take effect in accordance with the law of England and Wales.
- Dispute Resolution – Notwithstanding the provisions of 17(o) for any and all grievances, disputes, claims, or controversies you may have against Mobrage (“Disputes”), before pursuing any dispute resolution avenue, you must first give us an opportunity to resolve the Dispute informally by sending an email to info@mobrage.com with the subject “Pre-Action Dispute Notice”. The email should contain your name, your email address as registered on your account (if you have no account, please state that), a detailed description of your grievance and claims, and a description of the specific relief you seek and how we can resolve this grievance. If we do not resolve the Dispute within sixty (60) days after receiving your Pre-Action Dispute Notice, then you may pursue the resolution of the Dispute process in accordance with the provisions of (o).
- Subject to 17(n), the Parties agree that any dispute arising out of or in connection with this Terms of Service or the performance, validity or enforceability of it will be finally resolved by the courts of England and Wales, who have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Terms of Service or its subject matter or formation.
- Class Action Waiver – Users and Mobrage agree that any proceedings to resolve or litigate any dispute will be conducted solely on an individual basis. Neither the Users nor Mobrage will seek to have any dispute heard as a class action, a representative action, a collective action, or in any proceeding in which the User or Mobrage acts or proposes to act in a representative capacity. The User and Mobrage further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the User, Mobrage, and all parties to any such proceeding.
- Warranty – Mobrage has no fiduciary duty to any User. Our Platform, services, content, User Content, and any other related materials are provided on an “as is” and “as available” basis without any warranties of any kind, express or implied. This no warranty includes but is not limited to implied warranties of merchantability, quality or fitness for a particular purpose, non-infringement or course of performance. This no-warranty clause is exercisable to the fullest extent permissible by the law. The use of our Platform and services, including without limitation any services provided on any third-party platform, are entirely at your own risk.
- Confidentiality – Except to the extent required by law, any legal or regulatory authority of competent jurisdiction or, with the prior written consent of the other Party. No party shall use or disclose to any third party such information belonging to the other party. This paragraph shall survive the termination of this Terms of Service. For the avoidance of doubt, Personal Information shall be treated in accordance with Applicable Laws and shall not be considered “confidential information” belonging to a party.
- In the event of a User’s failure to comply with the terms contained in this Terms of Service, our Privacy and Cookies Policy, we reserve the right and sole discretion to immediately and without notice suspend, delete or permanently ban the Users’ access to all or part of our Platform or services.
- The terms in this Terms of Service survive the usage of our Platform. Even after termination or deletion of your account on our Platform or the discontinuing of your use of our services for whatsoever reason, either by your choice or our choice, the terms in this Terms of Service continue to apply post-use and termination.
CONTACTING US.
Please do not hesitate to contact us if you have any questions regarding Mobrage’s policy or our attitude to the protection of your information. You can reach us at info@mobrage.com or 20-22 Wenlock Road London N1 7GU