The Services constitute a technology platform that connects users of YCOM (“Mobi Service) mobile applications or websites provided as part of the Services (each, an “Application”) who are seeking gadget (Phones, tablet, Laptop etc.) repair services to a network of third party repair technicians, including, without limitation, independent third party repair technicians and third party logistics providers under agreement with YCOM (“Third party Professionals”). The Services are made available solely for your personal/ non-commercial use unless agreed otherwise, in writing in a separate agreement with you.
You acknowledge and agree that YCOM does not provide gadget repair services or logistics or function as a gadget repair services company. Our services are to be used by you, if at all, for the purpose of requesting and scheduling gadget repair services or logistics services with third party professionals, but you agree that YCOM has no responsibility or liability to you related to any gadget repair services or logistics provided to you by the third party professionals through the use of the services.
The Services other than as expressly set forth in these terms.
YCOM does not guarantee the suitability, safety or ability of third party professionals. It is solely your responsibility to determine if a third party professional will meet your needs and expectations. Under no circumstances will YCOM participate in disputes between you and a third party professional. by using the services, you acknowledge that you may be exposed to situations involving third party professionals that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that your use of third party professionals arranged or scheduled using the services is at your own risk and judgment. YCOM shall not have any liability whatsoever arising from or in any way related to your transactions or relationship with third party professionals.
Payment for Services
You understand and agree that usage of the Services may result in payments by you for the services you receive from a Third party professional (“Charges”). After you have received services, YCOM will facilitate payment of the applicable Charges on behalf of the third party Professional, solely as the Third party Professional’s limited payment collection agent, using the preferred payment method you have designated while initiating or modifying your Account, and will send you a receipt vide email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third party Professional(s). All charges are inclusive of applicable taxes. Charges paid by you are final and non-refundable, unless otherwise determined by YCOM in its sole discretion. While you do retain the right to request lower Charges from a Third party professional for services received by you from such Third party professional at the time you receive such services from the Third party Professional, YCOM will respond accordingly to any request from a Third party professional to modify the Charges for a particular service.
You understand and agree that (i) all Charges are due immediately and (ii) payment will be facilitated by YCOM using the preferred payment method you have designated while initiating or modifying your Account. If you’re primary account payment method is determined to not able to be charged for any reason whatsoever, you agree that YCOM may, as the Third party Professional’s limited payment collection agent, use a secondary payment method in your account, if available.
YCOM reserves the right to establish, remove and/or revise charges for any or all aspects of the Services at any time at YCOM’ sole discretion. YCOM will use reasonable efforts to inform you of charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such charges or the amounts thereof. We may from time to time provide certain users with promotional offers and discounts that may result in different charges for the same or similar services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the services or the charges applied to you. You may choose to cancel your request for services from a Third party professional at any time prior to such Third party Professional’s arrival.
Repair Clauses for iOS users
- We do not necessarily use original Apple parts to repair the phone.
- Please note that repairing your phone on YCOM will void the Apple warranty.
The third party professional provides you with a minimum 30 day warranty (More than 30 days if specified in order) on the gadget repair services as follows: (a) Screen/LCD and/or any other repaired or replaced parts that malfunction, or does not work as intended or designed to work, and (b) the warranty provided is limited to the parts and/or service(s) that you paid for. Except, as otherwise provided in these Terms, the warranty extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The warranty set forth above does not protect against
- (a) Your actions that cause damage to the device that was repaired by the Third party Professional
- (b) Software issues unrelated to the repair
- (c) Devices that have been jail broken
- (d) Any loss of data occurring as a result of the repair (YOU ARE ADVISED TO BACK UP ALL DATA PRIOR TO ANY REPAIR ATTEMPT)
- (e) Any issue you knew about and advised the third party professional or YCOM related to the device distinct from the repair, and noted prior to the repair being made
- (f) Water damage
The warranty set forth in these terms is valid only for the specific device repaired and the original customer. Under no circumstances is the warranty transferable to different devices or to an individual that is not you.
While you will notify YCOM of any warranty claim, and YCOM will thereafter notify the third party professional of the need to investigate the warranty claim, liability for performing the warranty repair services will rest solely with the third party professional who performed the repair service. By using the services, you are authorizing the third party professional to perform repair work on your cellular phone or tablet device or any other article. You understand that neither YCOM nor the third party professionals are authorized service providers (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither YCOM nor the third party professional are in any way affiliated with the gadget manufacturer, including but not limited to Apple Inc. Further, by using the Services you agree to release, indemnify, and hold YCOM harmless from liability for any claims or damages of any kind or description that may arise from any gadget device repair work performed on your device unless it is caused by the gross negligence of the third party professional.
By utilizing the Services you understand that YCOM has no liability for any data loss, which may occur as a result of work done on your device. You also understand that you have the option to, and are responsible for backing up your device before allowing the third party professional to perform repair work on your device.
By availing the Services you understand that any repairs or technical assistance rendered by the Third party professional may void manufacturer warranties for the device repaired, and that YCOM will not assume any liability or warranty in the event that the manufacturer warranties stand abated. YCOM and the third party professionals have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.
YCOM will warrant to you that from the date the repair Services are provided to you till a period of minimum 30 days, so long as you remain the owner (“Warranty Period”), each part and accessory provided to you as a component of the repair performed by the Third party professional under these Terms will be materially free of manufacturing defects. YCOM’ sole obligation, and your sole remedy, under this warranty are limited to, at YCOM’ sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This warranty under these Terms is non-transferable.
Please note that YCOM’s obligations under the warranty contained in these terms are conditioned on your prompt notification to both the third party professional and YCOM of any warranty claim and complying with YCOM’ then-current warranty procedures provided to you.