a. Definitions. The following definitions are an integral part of these Terms and Conditions for their interpretative effect.
● ClearCheck: Means the Company called CLEARCHECK MÉXICO SA DE CV
● Service center: Means the Client and / or the Company that contracts one or more products owned by ClearCheck.
● ClearMechanic One Solution: It means the set of products described in this website as well as in the contract that The Service Center signs with ClearCheck that is; ClearMechanic, Auto Prospecting and Workshop Planner.
● DMS: The administrative software system of an automotive agency that manages all your data, including payroll, invoicing, inventory, end customers and more.
● Technology Partners: Any company affiliated to CLEARCHECK MÉXICO SA DE CV that has the express authorization of ClearCheck to be considered as such.
b. License. ClearCheck products are offered under license; Therefore, at no time should the contracting of such products be understood as a sale.
c. Authorized use. The Service Center accepts that it is only authorized to use ClearCheck products as it will be implemented for use by ClearCheck under the terms described in the contract signed by the parties and in these Terms and Conditions.
Therefore, the Service Center accepts that:
● You will only be able to use the ClearCheck products described by the contract that The Service Center signs with ClearCheck as long as it remains in effect.
● You may not install or deploy unauthorized software from ClearCheck to your products.
● You will not override or attempt to circumvent technical, security, or systems limitations implemented by ClearCheck to protect the use of its products.
● It will not reverse engineer or any other corporate espionage method in order to replicate ClearCheck products or for any other purpose not provided for by the contract that The Service Center signs with ClearCheck and / or those provided in these terms and conditions .
● ClearCheck may, at any time, withdraw the license from The Service Center for breach of any obligation provided in the contract that it enters into with ClearCheck, without any refund and / or compensation to the Service Center.
d. Modification of Terms and Conditions. ClearCheck reserves the right to make modifications or updates to these Terms and Conditions at any time, in response to new legislation or internal policies.
and. Exclusion of liability and waiver of guarantees. ClearCheck is not responsible for any damages, direct, indirect, incidental, special or resulting from; loss of data, privacy, confidentiality or profits; or the inability to use ClearCheck products.
These exclusions will be applicable even if ClearCheck has been advised of the possibility of such damages and The Service Center would like to continue with the hiring of the license of use described by the contract that The Service Center signs with ClearCheck.
All technology and services provided by ClearCheck are provided under these terms and conditions, as well as those described in the contract that The Service Center signs with ClearCheck and therefore ClearCheck by virtue of said contract rejects and denies any implicit guarantees. ClearCheck does not guarantee that the service will be free from errors or interruptions. ClearCheck will not be liable for any direct, indirect, special, consequential, or secondary damages and / or losses in connection with the program. The service center acknowledges that ClearCheck will not be responsible for any failures or delays for issues outside of your contract (such as internet outages).
The Service Center also agrees to waive any claim of liability in any theory against ClearCheck that relates to the contract that The Service Center signs with ClearCheck, and agrees to indemnify, defend, and maintain ClearCheck safe from any claims by third parties.
Privacy and Protection of Personal Information. See the Privacy Notice at https://clearmechanic.com/aviso-de-privacidad/ for disclosures related to the collection and use of your personal information.
Jurisdiction and Applicable Law. These Terms and Conditions will be interpreted, complied with and executed in accordance with the provisions of the Commercial Code, as well as in accordance with any other applicable law or provision. In case of controversy derived from these Terms and Conditions, it will be submitted to the jurisdiction and competence of the courts of the common jurisdiction of the Metropolitan Area of Guadalajara, Jalisco, except where appropriate, minors, mixed or lower amounts, waiving expressly and irrevocably to any other jurisdiction that may correspond to them by virtue of their present or future addresses, or for any other reason.