Terms and conditions
The terms and conditions, privacy policy and all rules and directives that govern the functionality of this platform constitutes a legal agreement between ‘you’ the user and Crylac dynamic mobile mechanics otherwise referred to as ‘us’ or ‘we’ in this document. This legal agreement directs and/or enforces particular ethical standards of operation to ensure that all activities in this platform are carried out under the rule of law not forfeiting solution of any disputes in a binding arbitration between us and the user. We therefore ask you to read these terms with in depth scrutiny before accessing any of our services.
It is paramount for our clients to know that the use of this platform signifies acceptance of this agreement otherwise we advice clients not to use i.e book for any of our services if they don’t agree with the laid agreement. In the event of change of this agreement, we will endeavor to notify you in advance. Continued use of this platform then henceforth will signify acceptance of the newly placed agreement. We also are constantly coming up with new strategies to enhance your experience. It is therefore of high notice that in the event of new strategies like customer promotions and service development, supplemental agreements will be formulated. These new agreements however do not override the standing agreement already in place unless stated so. Supplemental agreements will be displayed for clients to read before they are integrated into the standing agreement. Again, we insist that clients already receiving services from us and clients considering to receive our services should read these terms carefully before moving on to book for any of our services.
Our services
Crylac dynamic is an online based platform where clients can access a wide range of vehicle, heavy equipment, trucks, generator services varying from repair, servicing, recovery, diagnosing and inspection among other services as presented on the platform. We therefore do not directly provide any of the above stated services and we have not employed any of the service providers that provide these services. The service providers are totally independent contractors and therefore you acknowledge that we do not provide, supervise, or affect any work done by these technicians during active service and that they are in no sense a franchise of Crylac dynamic whatsoever. We however have full rights to ensure accountability of the engaged contractors post service and we are fully poised to take punitive measures against contractors who have breached our terms of engagement with them. This including and not limited to; total termination of their service delivery contract with us.
We hereby grant you as the user, in agreement with the standing terms and conditions, the right to a limited, non-exclusive, revocable and non-transferable license to access the services provided by us.
Your use of our services requires you as the user to submit descriptive data about your vehicle or machine, phone number and your current location. You therefore consent to provide the accurate, true and complete information. Any information found to be inaccurate and untrue will result to the termination of agreement and you will consequently not be able to access our services. This can lead to legal action if the outcome of inaccurate information proves to have fatal consequences on the security and welfare of the technicians or Crylac dynamic as a whole.
You as the user, upon successfully booking and getting a service scheduled at a particular time, date and location, agree to provide a suitable location well within your jurisdiction for the service to be carried out from and ensure that the technician has proper access and permission with authorization to perform the service at the location.
Services booked via the Crylac dynamic platform are subject to modification. This can be in order to tailor the best services for you in accordance to the technician’s assessment of the vehicle or machine. We however state that any modifications of services in delivery should be made via the Crylac dynamic platform. This includes changes of schedule or addition or deletion of items in the service booking.
By accessing the Crylac dynamic platform, you hereby consent to be of age i.e 18 years and hence considered an adult with the right and/or authority to enter into a legal agreement and abide by the stated terms and conditions therein as is the case with the Crylac dynamic platform. If acting in place for an entity such as a company or organization, your access to this platform warrants that you have the right and authority to act on behalf of the latter and hence forth bind that entity to this agreement. However, persons under 18 years are not allowed to make use of this platform.
Ownership
We hereby declare that all content appearing on this platform are and will remain to be the property of Crylac dynamic. Your rights as the client seeking our services are defined above and any use deviant to the stated rights of usage will be considered as infringement of the standing agreement liable to legal action. This covers the usage of Logos, service names, trademarks and information that directly links to us. Nonetheless, all other marks, logos and information appearing on this platform that are not our property are used with permission from the respective owners with legal certifications of use.
Ethical interactions
You agree to treat technicians with utmost respect and courtesy in line with our ethical guidelines stated herein as well as provide the required cooperation to enable the technician to finish the service. You also agree to provide a calm and safe work environment under your control and away from external harassment that may be directed to the technicians during the service. Any interference that may lead to prevention of service delivery will impact your ability to get the best service from us and we will not in any way be liable in such a circumstance. You agree that in such a circumstance as described, you will be charged for engagement costs and service delivery.
Technicians and their availability
Technicians do go through extensive background checks before we can incorporate them in our network. However, you acknowledge that we cannot fully confirm the validity of the technicians’ personal descriptive information or who they are/claim to be and do not undertake any responsibility for the accuracy of their identities and their descriptive information beyond what we can do. In light of this, we insist that you as the client should be highly cautious to protect yourself and your property as you interact with technicians.
You understand that we as Crylac dynamic do not control the availability of technicians as they are independent contractors. Technicians may be unavailable at times due to illness, personal engagements or ongoing work. In light of this, we ask you to be flexible in allowing our technicians some time before the stated time of service or if the technician is totally unavailable, be ready for rescheduling or connection with a different technician.
Weather Policy.
The nature of our work is highly dependent upon favorable weather conditions. We therefore ask you to be flexible in allowing delays in service delivery during harsh weather as we cannot work on vehicles/machines during such weather. This includes the possibility of rescheduling service for another time or day. However, if you have an enclosed area where services can be offered without weather interference, appropriate follow up will be made on our side to determine whether services can be offered, after which we will communicate to you and preparations made to deliver your service
Breakages
Materials used to build vehicle or machine parts end up degrading and becoming brittle with time. This can result to breakages during service. You consent to the fact that Crylac dynamic will not be held liable to such breakages and that if you so wish, you will be provided with the option of including the broken part in your service costing.
Disposal
We allow the option of having you remain with the replaced parts after service. This is entirely your wish. You however understand that if you choose to remain with the replaced parts, Crylac dynamic will not be held liable to poor or inappropriate disposal of these parts. You will entirely be responsible for the disposal of these parts in accordance to environmental rules and guidelines of waste disposal. Nevertheless, any part claimed to be faulty and you have applied for warranty to get that part replaced, you understand that we have to retain the faulty part.
Communication
For proper functioning of this platform, we have to be in constant contact with you to ensure that you receive your service on time and at the right location. You therefore expressly consent and agree to receive direct communications from us via text messages, calls, and e-mails. These messages will involve getting confirmations about services booked, service reminders and marketing information that we presume will be helpful to you. You however have the right to opt out of marketing messages and marketing emails by texting the word STOP from the mobile device receiving the messages or to the email stop@crylacdynamic.com for emails. This however will affect your use of our services since you will have no way of receiving updates on new services and client promotions that can help you save a lot. You also consent to the fact that you can only opt out of marketing messages but service confirmation messages and messages that enable us deliver services to you are a must otherwise we will not be able to deliver your services.
Client testimonials
We allow you to submit, publish or upload textual and/or audio-visual content to the platform relating to the services that you have received from us. You however agree that any content submitted to us in whatsoever form remains to be our property and by so doing, you grant us a worldwide, unrestricted, transferable ,irrevocable, perpetual, absolute and royalty free license right to sublicense, use ,modify, produce, exhibit, transform, distribute and publicly display in any manner without requiring any further consent, permission and/or notice to and from you and also without the need for payment to you or any other person and/or entity. Also, by so doing (submitting any content to the platform) you consent to be 1) The sole and exclusive owner of all the content you have explicitly submitted and you grant us the leeway to use the content as above described. 2) Aware that the content is in no way graphic in nature or defamatory, hateful, violent, unlawful, abusive or offensive which is subject to determination by us in our sole discretion.
Access devices and system malfunctions.
You understand that you are required to have working devices to access this platform and that any malfunctions attributed to faulty devices used by you i.e a phone without adequate/weak internet connection or empty power storage source may negatively affect your interaction with the system and we will not be liable for any problem resulted i.e failed transactions, unsuccessful service bookings and more.
You also understand that the system may be subject to malfunctions and delays inherent in the use of the internet and we shall not be held liable for such malfunctions or delays.
Cash transactions
All cash transactions are done via Mpesa till number 5507307 account name Crylac dynamic. You consent to the fact that using our services will attract charges just as a normal business would but in our case, we are the sole receiver of any cash transactions that happen and that technicians are not to receive any cash inform of payment whatsoever. We will facilitate the payment of the labour charges to the technician. You also acknowledge that cash paid by you is final and non-refundable unless we determine otherwise. We also have the right to change the charges for any service at any time in our sole discretion. If the technician finds that the nature of work 1) Is different from what you stated during booking and has to find the problem him/herself 2) Is not doable at the location provided by you, diagnosis charges will apply and you will be advised to use a normal garage respectively, but transport, engagement and overhead charges will apply.
Cancellation of services.
Cancellation can be effected either by us, you as the user or the technician. 1) We may cancel your services if we ascertain that delivery of the services might end up impacting the welfare of Crylac dynamic and/or the technicians negatively in light of security issues or accessibility to your location amongst other reasons that we find necessitating cancellation all solely to our discretion. 2) You also reserve the right to cancel services without any coercion from us to explain the reasons for so doing. However you agree that when you cancel any service within 10 hours to the service delivery time, you will attract a charge of half the total service cost to offset service preparations and purchase costs but when you cancel any service more than 10 hours to the service delivery time, you will not be charged. 3) A technician can cancel a service when he/she finds that A) He/she is not able to complete the service at hand for reasons including and not limited to the fact that the technician does not have access and/or permission to work on the vehicle at the location you have provided B) The location is unfit for automotive services owing to the nature or terrain of the location i.e a hilly or uneven surface. C) Inaccurate vehicle information provided by you as the client. You agree that under the above circumstances, you will be charged a fee to offset parts purchases, transport and engagement costs.
Before purchase inspection.
This service entails inspection of a vehicle or machine before you as the client purchases it. This inspection is based on observation, and you consent that the outcome can be affected by prevailing conditions of the weather as well as vehicle/machine cleanliness. In light of this, the vehicle/machine under inspection should be clean, well dry and under well-lit environs for the best results. Due to the nature of observatory inspections, warrants are not awarded since vehicle/machine functioning is subject to change in between inspection and purchase and also inspections are not possible for enclosed vehicle/machine systems like engines and transmissions since these systems are not disassembled during this inspection. You also acknowledge that before purchase inspection is not a diagnostic service and that failures can still occur even after this inspection due to failures not being evident during inspection.
We therefore do not advice on the value of the vehicle/machine but instead leave the best information of the state of the vehicle/machine in your hands for you to solely determine whether or not to purchase the vehicle/machine. This being regardless of the technician’s professional inclination and therefore your purchase or decline of purchase of the vehicle/machine is wholesomely at your own discretion and/or risk.
Service Packages
We offer service packages in 6 and 12-month bundles. These packages are tailored to ease the servicing of your vehicle or machine. This means that these packages are always paid for upfront before any service is first delivered. You acknowledge that your subscription to any one of these packages signifies that you understand the costing of these packages is done only for the majorly changed components and materials i.e. engine oil, oil filter and minor inspections for minor services and engine oil, oil filter, air cleaner and full inspection for major services. Any additional repairs or replacements found to be necessary during inspections will be invoiced to you for separate attention. This is so to prevent unnecessary replacement of components that don’t require replacement and hence give you the best price possible.
Your subscription to any of the above service packages signifies your acceptance to receive services from us in the time frame specified by each service package. This means that you consent to be available and to provide a suitable location free from interference and within your control for the services to be offered in the stipulated time frame. Service packages are still services offered by us and they therefore come under the agreement stated herein concerning services offered by us unless stated otherwise.
Car Sales.
We offer car sales as one of our services on our platform. Your opting to have a car purchased through us signifies your acceptance to the following: 1) You agree that we are not the sole sellers of the cars listed on our platform unless stated so in the listing itself. 2) We offer a 6-month service bundle for every car purchased through us. You consent to be bound by this agreement regarding the subscription to service packages as described in this agreement above. You are however at liberty to decline the 6-month service bundle from being offered to you at your sole discretion. 3) Cars inspected by us are marked safe for purchase. You however agree to waive Crylac dynamic and all its associated partners, shareholders, contractors and employees from any claim(s) arising from the purchase of a faulty vehicle as the inspections done on listed vehicles are not diagnostic in nature and hence some faults can be invisible to the human eye. This also covers the possibility of faults developing after the inspections are done by us and the time you as our client purchase the vehicle.
Disclaimers.
1) Your usage of our services is solely and entirely at your own risk to the maximum allowable constraints of the law. 2) We do not guarantee that Crylac dynamic platform will be error free or uninterrupted. 3) We do not guarantee immediate correction of errors or defects and therefore not liable for any losses and/or damage related to platform malfunction. 4) We do not guarantee compatibility of the platform with any software or hardware. 5) We do not warrant or guarantee the quality, suitability, availability of any of the goods and services ordered through the Crylac dynamic platform or that the latter will be error free, timely and uninterrupted which similarly applies to the third party service providers.
Indemnification
You consent to indemnify and hold non-blameworthy Crylac dynamic and associate members whether direct or indirect, from all claims, liabilities, damages, losses and expenses or legal financial demands resulted by your 1) Misuse or inability to use the platform or services provided. 2) Violation of standing agreements and/or any applicable laws and regulations stated herein. 3)Transmittal of your personally descriptive information across the internet 4) Violation of other people’s rights during interaction on or off the platform regardless of who they are.
Trade mark Usage terms.
It is a requirement for all our clients and any who champion for our services to adhere to the following guidelines 1) All logos depicted herein and in all information in general in this website belongs to us and therefore must not be used without permission. 2) Do not attach any of your credentials whether personal or organizational with our logos. 3)Do not alter, change, add, develop or modify any of our logo and trademark names for use. 4) Do not create any social media account bearing our name or signifying affiliation to us.
Copyright infringement.
In the event that a person or entity has reason to believe that any material appearing on the Crylac dynamic platform goes against their copyright or intellectual property rights, that person or entity should contact us bearing the following 1) The location of the infringing material on the platform 2) Their name and address, telephone number and email address. 3) A statement of the owner of the infringed rights. Contact us through the email rights@crylacdynamic.com
Liability limitations
AS A USER EITHER INDIVIDUAL OR AN ENTITY, YOU AGREE NOT TO HOLD CRYLAC DYNAMIC AND/OR ITS MEMBERS I.E STOCKHOLDERS, MANAGERS ,DIRECTORS, EMPLOYEES, LEGAL SUCCESSORS AND/OR ANY OTHER MEMBERS INVOLVED DIRECTLY OR INDIRECTLY IN THE RUNNING OF THE CRYLAC DYNAMIC ONLINE PLATFORM, LIABLE FOR AND NOT LIMITED TO DAMAGES, LOSSES, DISBURSEMENTS, LAW SUITS, CLAIMS AND CONTROVERSIES OWING TO KNOWN AND/OR UNKNOWN REASONS OF UNTOWARD, PROFESSIONAL AND NON-PROFESSIONAL, ABILITY OR INABILITY OF YOU AS THE USER/CLIENT TO USE/INTERACT WITH THE PLATFORM AND/OR THE SERVICES OFFERED THEREOF. YOU ALSO AGREE NOT TO HOLD CRYLAC DYNAMIC AND ITS MEMBERS AS DEFINED ABOVE LIABLE FOR THE CONDUCT OR MISCONDUCT AND/OR ACTIONS OF ANY USER ON THE PLATFORM OR ANY THIRD PARTY SERVICE PROVIDER NOT FORFEITING DISPUTES ENCOUNTERED WITHIN THE WORK FRAME OF THE PLATFORM FROM BOOKING TO SERVICE DELIVERY AND MISAPPROPRIATION OF YOUR PERSONAL DESCRIPTIVE INFORMATION. UPHOLDING DUE DILIGENCE WHILE ON THE PLATFORM AND WHILE RECEIVING SERVICES IS ENTIRELY YOUR RESPONSIBILITY.
YOU CONSENT THAT CRYLAC DYNAMIC WILL BE IN NO CIRCUMSTANCE WHATSOEVER BE LIABLE FOR ANY PUNITIVE ACTIONS, WHETHER CONSEQUENTIAL, DIRECT OR INDIRECT BUT NOT LIMITED TO CASES OF SUSTAINED DAMAGES, INJURIES, LOST DATA AND LOST FINANCES HOWEVER RESULTED WITHIN SERVICE EXECUTION FRAMEWORK ON OR OFF THE PLATFORM.
HOWEVER, IF IT IS IN ANY CASE PROVEN THAT CRYLAC DYNAMIC IS INDEED LIABLE FOR DAMAGES CAUSED, IN NO CIRCUMSTANCE WILL THE TOTAL LIABILITY REGARDLESS OF SERVICE TERMS, CONDITIONS AND AGREEMENTS, EXCEED THE TOTAL AMOUNT INVOICED FOR THE SERVICE IN QUESTION.
YOU ALSO AGREE THAT CRYLAC DYNAMIC AS AN ONLINE SERVICE PLATFORM DOES NOT HAVE THE CAPACITY TO FULLY, ADEQUATELY AND INTENSIVELY PROOF THE LEGALITY AND PROFESSIONALISM OF THIRD-PARTY SERVICE PROVIDERS ABOVE OR BEYOND OUR DEPICTED BACKGROUND AND INDEPTH CHECKS, AND HENCE HAS NO LIABILITY TO THE SERVICES PROVIDED BY THIS SERVICE PROVIDERS OTHER THAN STATED HEREIN.
IN LIGHT OF THE ABOVE INFORMATION, WE ARE THEREFORE NOT RESPONSIBLE FOR EVALUATING THE LEGALITY OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDERS AND YOU THEREFORE EXPLICITLY WAIVE CRYLAC DYNAMIC FROM ANY AND ALL LIABILITIES, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR NON-CONSEQUENTIAL, OF ANY FORM WHETHER KNOWN OR UNKNOWN RELATING TO THIRD-PARTY SERVICE PROVIDERS. THIS INCLUDES ANY CLAIMS OR DISAGREEMENTS BETWEEN YOU AND THIRD-PARTY PROVIDERS.
YOU ALSO ACKNOWLEDGE THAT CRYLAC DYNAMIC WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR THE QUALITY OF SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS AND THAT QUALITY OF SERVICES IS WHOLESOMELY A RESPONSIBILITY FULLY SHOULDERED BY THE SERVICE PROVIDER. IN LIGHT OF THIS, YOU CONSENT TO THE POSSIBILITY OF BEING EXPOSED TO POTENTIALLY LOW QUALITY AND UNFIT SERVICES AND HENCE YOUR USE OF THE CRYLAC DYNAMIC PLATFORM AND THE SERVICES YOU RECEIVE IS ENTIRELY AT YOUR OWN RISK. YOU HOWEVER HAVE THE RIGHT TO REPORT ANY LOW-QUALITY OR UNFIT SERVICE OFFERED BY ANY THIRD-PARTY SERVICE PROVIDER FOR US TO TAKE THE NECESSARY ACTION WHICH MAY INCLUDE AND NOT BE LIMITED TO DISQUALIFICATION OF THE PROVIDER FROM OUR NETWORK.
For any queries, questions and comments about this or any other agreement in our platform, feel free to reach us via the email hey@crylacdynamic.com.
