General Terms and Conditions of Use

These Terms of Use (“Terms”) constitutes a legal agreement between you (“you,” “your,” or “User”) and FIXT, (“FIXT” or “us”). This governs the use by you of our services and the platform that facilitates communications between Users offered through our website located at www.fixtuae.com, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “FIXT Platform”.

These Terms and the rules, policies, terms and conditions set forth herein, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively known as the “Agreement”.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING FIXT’s Site or App for mobile devices such as smartphones and tablets and any related services.

By clicking the “I Agree” button or otherwise registering with the FIXT Platform or any portions thereof, downloading, installing, logging-in or using the App or any of FIXT’s software, you are expressly acknowledging that you agree to accept the terms of, and agree to be bound by all the terms, conditions, and notices contained or referenced therein, and any future amendments and additions as we may publish from time to time. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE,” AND DO NOT USE THE FIXT PLATFORM. If you do not agree to be bound by the Agreement, you will not have any right to use the FIXT Platform. FIXT’s acceptance is expressly conditional upon your assent to terms and conditions in its entirety.

The owner(s) of FIXT reserves the right, at any time, to modify or update these Terms & Conditions, including the Terms of Use and you agree to be bound by such modifications or updates.

To the extent permitted and except where prohibited by applicable law, the Agreement includes:

  • Your conformation to the eligibility requirements to use the FIXT Platform, acceptance of the Terms of Service, and acknowledgement of the limited license granted to you hereunder
  • Your agreement that the FIXT Platform is provided “as is”
  • Your agreement that the FIXT Platform is solely a communications platform providing a method for Professional
  • Services to be booked, that all Professional Services are performed by third parties, and that FIXT has no liability for any Professional Services or any acts or omissions of third parties, with the exception of FIXT’s Refund Guarantee in the event of failure of service delivery
  • Your agreement that FIXT’s Refund Guarantee is limited to payments made through the FIXT Platform
  • Your agreement to release FIXT from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought
  • Your agreement to indemnify FIXT from claims due to your use, misuse or inability to use the FIXT Platform, the Professional Services, your violation of these terms, applicable laws or third-party rights, and/or content or information submitted from your account to the FIXT Platform
  • Your agreement that for most types of disputes, submit to an informal dispute resolution process prior to the initiation of any arbitration or legal process
  • Your consent to any modifications or amendments to these Terms & Conditions without any prior notice to you
  • Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

  • 1. Eligibility to Use; Acknowledgement and Acceptance of Terms of Service; Limited License
  • a) Eligibility for Use of the FIXT Platform - By using the FIXT Platform, you represent and warrant that: (i) all registration and other information you submit, if any, is truthful and accurate; (ii) you will maintain the accuracy of any information you provide; (iii) you have the right, authority and capacity to enter into and to abide by this Agreement, and that you will so abide, and (iv) your use of any aspect of the FIXT Platform does not violate any applicable law or regulation.

    b) User’s Acknowledgment and Acceptance of Terms - The FIXT Platform is subject to your compliance with all the Terms of Use. Additionally, when using particular services or products on the Site or the App, you shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. As used in these Terms of Use, references to our “Affiliates” includes our owners, subsidiaries, employees, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site, the App and/or their respective content.

    BY COMPLETING THE REGISTRATION PROCESS, LOGGING IN AND/OR USING THE SITE AND/OR APP, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS OF USE. PLEASE READ THEM CAREFULLY. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS OF USE, PLEASE EXIT THE SITE AND APP NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE AND APP, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE AND APP, IS TO STOP USING THE SITE, APP AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE AND APP.

    c) Limited License Granted - The FIXT App is licensed, not sold, to you for use only in compliance with and under the Terms of Use. The Terms of Use will govern any upgrades for the licensed App provided by FIXT. This license granted to you by FIXT is limited to a non-exclusive, non-transferable, non-sublicensable, revocable license to use the licensed App pursuant to these Terms of Use, on any smartphones and tablets and web browser that you own or control. This license does not allow you to use the licensed App on any device that you do not own or control.

  • 2. The FIXT Platform; Background Checks.
  • a) The FIXT Platform is a communications platform for enabling the connection between individuals or entities seeking to obtain services (“Customers”) and/or individuals & entities seeking to provide services (“Service Providers”). Customers and Service Providers collectively are referred to as “Users”. Those services requested by the Customer, which are to be completed by the Service Provider, are hereinafter referred to as “Professional Services”. Professional Services may include the maintenance, repair, delivery and/or assembly of installations, fixtures, furniture and/or other items (“Products”).

    b) FIXT does not itself provide Professional Services or Products. The provision of all Professional Services and Products is up to the Service Providers, which may be scheduled through use of the FIXT Platform. FIXT, THROUGH THE FIXT PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR PRODUCTS, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR PRODUCTS ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A PLUMBER, ELECTRICIAN, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR PRODUCTS PROVIDED TO THE CUSTOMER BY SERVICE PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. FIXT IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY PRODUCT PROVIDER OR RETAILER.

    c) FIXT checks the background and capabilities of Service Providers directly or via third party background check services. However, each Customer should exercise caution and common sense to protect its personal safety and property. BY USING THE FIXT PLATFORM, THE CUSTOMER AGREES TO HOLD FIXT FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. FIXT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

  • 3. User Accounts; Personal Information; and Privacy Policy.
  • a) Enrolment for Use of the FIXT Platform - The services and/ or products available through the FIXT Platform may require prior registration to access. To access such services and/ or products, a valid account and password will be required for which it will be necessary to sign up and register on the Site’s homepage or on the App. As part of the registration, it will be necessary to select an acceptable user name for use on the FIXT Platform. We may refuse to grant you, and you may not use, a user name, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.

    b) In exchange for registering, and subject to the limitations set forth in this Agreement, you will be granted the limited right to use the following features of the FIXT Platform:

    • Customers will have access to Service Providers and a description of the Professional Services that they are willing to provide to Customers;

    • Customers will have the ability to provide comments and feedback (e.g., ratings) on the Service Providers who provide them with Professional Services and Users will have the ability to review such comments and feedback and to also rate the Customers;

    • Customers will have the ability to receive advance price quotes for requested Professional Services prior to hiring a Service Provider;

    • Service Providers may have the ability to advertise the availability of their Professional Services through, and for Customers to book such services through, the FIXT Platform;

    • Customers will be able to use the FIXT Platform to make payments for Professional Services and Products

    c) Collection of Personal Information & linkage to Privacy Policy - As part of registration on the FIXT platform, you will be required to provide certain personal information. Such information may be visible, on a need-to- know basis, to other users of the site and App and you agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, at our sole discretion, suspend or terminate your right to access any service for which registration is required. You grant us the right to disclose to third-parties certain information we obtain through your use of the FIXT Platform, including your registration data, and any such disclosure of personally identifiable information supplied hereunder will be subject to the terms of our Privacy Policy, which is incorporated by specific reference into these Terms of Use. The Site’s owner respects the privacy of your personal information. Please read our Privacy Policy. By agreeing to these terms, you are also agreeing to our Privacy Policy.

    d) Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the FIXT Platform. You are solely and fully responsible for all activities that occur under your password or account, except that FIXT may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. FIXT has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at support@fixtuae.com. Nothing in this section shall affect FIXT’s rights to limit or terminate the use of the FIXT Platform.

    e) Proof of Identity - You agree to provide us with such proof of identity as we may reasonably request from time to time.

    f) Text Messages and Phone Calls - By providing your phone number and using the FIXT Platform, you are agreeing that we may, to the extent permitted by applicable law, use your phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you.

    g) Emails - You agree that FIXT may send you confirmation and other transactional emails regarding the Professional Services. FIXT may also send you emails about services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or by contacting us.

  • 4. Payments; Refunds; Claims.
  • a) Payments - Customers of the FIXT Platform contract or engage for Professional Services directly with Service Providers. FIXT is not a party to any contracts or engagements for Professional Services unless otherwise agreed. The FIXT Platform facilitates services by providing a medium through which Customers can connect with Service Providers, schedule Professional Services and make payments for Professional Services (“Payments”). Customers are obligated to pay immediately, either in advance and/or at conclusion of the Professional Service, for the services and/or products they request through the FIXT Platform. The Customer’s credit/ debit card will be charged according to the amount the Customer has agreed to on the FIXT Platform with respect to all Professional Services and/or Products which the Customer has requested, and for all purchases and payments for reimbursement costs, fees or expenses associated with such Professional Service. The Customer hereby authorises us to charge the credit/ debit card on file in the Customer’s FIXT Platform account for such amounts. We will use third party services to process credit/ debit card information. We retain the right, at our sole discretion, to place a hold on the Customer’s credit/ debit card for an ordered or completed Professional Service transaction. If there is no complaint by the Customer, we will mark the Professional Service as closed seventy-two (72) hours after a Professional Service is completed. If the Customer has agreed with the Service Provider to extend or reduce the hours in or to reschedule a requested Professional Service, the Customer bears the responsibility for notifying FIXT. Customers must notify FIXT by changing the date or hours of the requested Professional Service through the FIXT Platform. All Payments by Customer must be made through the FIXT Platform. Any Payments paid outside of the FIXT Platform are not subject to our Refund Guarantee as given in Section 4(d). Except for the Refund Guarantee in Section 4(d), and the Refund Policy in Section 4(e), no refunds or credits will be provided once the Customer’s credit/ debit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, due to specific promotions or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit/ debit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Customers will be liable for all transaction taxes on the Professional Service(s) provided.

    b) Job Rate - The rate for a Professional Service (“Job Rate”) depends on factors, such as location, availability and service hours of the Service Provider but will be published within the FIXT Platform at the time of requesting a Professional Service.

    c) Recurrent Service - When requesting a Professional Service, Customers may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service”).

    d) Refund Guarantee - If the Customer ordered and paid for a Professional Service through the FIXT Platform and the Professional Service has already been performed, and if the Customer is not satisfied with that Professional Service, then the Customer is eligible for our Refund Guarantee provided that the Customer reports the issue within forty-eight (48) hours of the Professional Service completion to our customer service telephone number or by contacting support@fixtuae.com or through the App. The Refund request/ demand shall be verified by FIXT and if applicable, the refund will be handled as follows: • refund the Customer’s Payment amount for the Professional Service, or,

    • have the applicable Professional Service re-performed. If the Customer elects to have the Professional Service re-performed and the Customer is still not satisfied with the Professional Service after it has been re-performed, the Payment amount for such Professional Service shall be refunded after due verification by FIXT. The amount of FIXT’s Refund Guarantee is limited to any Payment the Customer has made for the Professional Service. FIXT’s Refund Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. For clarity, FIXT’s Refund Guarantee does not apply to any payments made for Products, and solely applies to payments made for the Professional Services to deliver and/or assemble the Products, as applicable.

    e) FIXT Products Refund Policy. i. If any Product or part is broken during performance of the Professional Services, FIXT will arrange to remove and replace the broken Product (or, where applicable, the broken component of the Product) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that FIXT shall not refund the cost of the Product or refund the cost of the Professional Services).

  • 5. Term and Termination; Cancellation of Professional Services; Survival.
  • a) This Agreement shall continue in full force and effect until it is terminated by you or by us.

    b) Termination by FIXT - We may terminate this Agreement or terminate or suspend your right to use the FIXT Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached these Terms or any policy posted on the FIXT Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behaviour (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the FIXT Platform due to any Prohibited Conduct, we will refund in full any payments for FIXT services or Professional Services that have not been begun. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, FIXT may delete the account and all the information in it. You shall have no ownership rights to your account.

    c) Termination by You - You may terminate this Agreement by completely and permanently ceasing to use the FIXT Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the FIXT Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed and/ or paid for, or otherwise cancelled as permitted by FIXT.

    d) Policy for Service Cancellation by Customer. FIXT’s cancellation policy for specific Professional Services is as follows:

    • Customers may cancel their scheduled Professional Service appointments through the FIXT Platform at any time; provided, however, that if a Customer cancels within 60 minutes before a Professional Service appointment, the Customer will be charged a cancellation fee.

    • A Professional Service appointment may be cancelled through the FIXT Platform or by contacting support@fixtuae.com.

    e) Policy for Service Cancellation by Service Provider - When a Service Provider cancels a scheduled Professional Service appointment, the FIXT Platform generally notifies the Customer and makes the Customer’s Professional Service request available for another Service Provider to select for fulfilment. Service Providers who cancel a scheduled Professional Service appointment may incur fees as provided in the Professional Services Agreement.

  • 6.
  • The and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the FIXT Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with these Terms & Conditions. “Your Information” is defined as any information and material you provide to us or other Users in connection with your registration for and use of the FIXT Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and FIXT is merely a conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with the Agreement, including but not limited to Section 7 (Rules for Use of the FIXT Platform) below, and with Section 3 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in wholeor in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the FIXT Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you so grant shall only be for the limited purpose of operating, promoting, and improving the FIXT Platform.

    We neither endorse nor assume any liability for the contents of any content uploaded or submitted by Users of the Site or App. We generally shall not pre-screen, monitor, or edit the content posted by Users of our communications services, or other interactive services that may be available on or through this Site or App. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site or App, or is otherwise harmful, objectionable, inaccurate, or restricted. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. You may not use your account to breach the security of another account or attempt to gain unauthorised access to another network or server. You shall not interfere with anyone else’s use and enjoyment of the site and app or other similar services. Users who violate systems or network security may incur criminal or civil liability. You shall not exploit the FIXT Platform, including but not limited to, by trespass or burdening network capacity.

  • 7. Rules for Use of the FIXT Platform.
  • a) During the validity of these Terms & Conditions: i. Customers may use the FIXT Platform for personal use only (or for the use of a person, including a company or other organization that you validly represent).

    ii. Customers may use the FIXT Platform to book Professional Services solely with respect to location or locations where the Customer is legally authorised to have Professional Services performed.

    iii. Customers may not use the FIXT Platform for any other purposes or in connection with any commercial endeavours whatsoever without our express prior written consent.

    iv. Customers agree that an order for Professional Services is a request, which is only accepted when the Customer receives a confirmation of acceptance of request from a Service Provider.

    v. Customers agree to treat Service Providers courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Service Providers to enable them to perform Professional Services.

    vi. Customers agree to communicate any complaints to us and not to the Service Provider. Customers agree to comply with our complaint and other policies designated on the Site.

    b) Service Providers agree to provide Professional Services in accordance with all applicable laws and regulations and in compliance with the Professional Services Agreement.

    c) You shall NOT use the FIXT Platform (including but not limited to any Community Areas) to do, or attempt to do, or assist any third party’s attempt to do any of the following: i. upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party or otherwise use the FIXT Platform to reproduce, without permission, any copyrighted or trademarked materials.

    ii. download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the FIXT Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

    iii. defame, abuse, harass, victimize, degrade, intimidate, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.

    iv. post a review or rating unless such review or rating contains your independent, honest, genuine opinion offered in good faith.

    v. use the FIXT Platform or any Professional Service for any purpose or in any manner that is in violation of applicable local or Federal or international laws. vi. publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, deceiving, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale or distribution of counterfeit or stolen items.

    vii. use the FIXT Platform to collect usernames and/or email addresses by electronic or other means without our express prior written consent.

    viii. impersonate or attempt to impersonate another person (including, without limitation, by using e-mail addresses associated with any other person) or allow any other person or entity to use your identification to post or view comments or otherwise use your account (and You also shall not provide your password to any other person).

    ix. register to use the FIXT Platform under different usernames or identities, after your account has been suspended or terminated.

    x. restrict or inhibit any other User from using and enjoying the FIXT Platform.

    xi. reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the FIXT Platform, its servers or any connected networks, use a bot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the FIXT Platform in any manner, or attempt to do any of the foregoing.

    xii. remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned or licensed by us.

    xiii. upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

    xiv. mirror, frame or archive any part of the FIXT Platform or any content or material contained on the FIXT Platform without FIXT’s written permission.

    d) Additionally, with respect to the Site, you agree not to: i. use the Site in any manner that could disable, overburden, damage, or impair the Site or network, or interfere with any other party’s use of the site, including their ability to engage in real time activities through the Site; ii. use any bot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; iii. use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; iv. use any device, software or routine that interferes with the proper working of the Site; v. introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; vi. attempt to gain unauthorized access to interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; vii. attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or, viii. otherwise attempt to interfere with the proper working of the Site.

  • 8. Providers to provide Professional Services.
  • FIXT is not the employer of any Service Provider. You acknowledge that we do not supervise, direct, or control a Service Provider’s work or any Professional Services performed in any manner. A Service Provider provides services to you as an independent contractor, and is not an employee, joint venturer, partner, agent, or franchisee of FIXT for any purpose whatsoever.

  • 9. Special Promotions; Gift Cards and Vouchers.
  • Promotions - We may from time to time provide certain promotional opportunities to Customers. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification. Gift Cards and Vouchers - FIXT gift cards (“Gift Cards”) and vouchers or promotional codes for special offers or discounts (“Vouchers”) may be available and can be used to pay in part or in full for Professional Services. Any such Card must be presented at the time of purchase and available balance will be applied to your purchase. The Cards do not expire and there are no fees associated with use of a Card. Gift Cards have no cash value and are not redeemable for cash.

  • 10. IntellectualPropertyRights
  • IntellectualPropertyRights-TheFIXTPlatform,andtheinformation,data,contentandmaterials,whichitcontains (“FIXT Materials”), are the property of FIXT and/or its affiliates and licensors, excluding User-generated content, which FIXT has a right to use as described below. The FIXT Materials are protected from unauthorized use, copying and dissemination by UAE copyright law, trademark law, and other intellectual property laws. FIXT and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the FIXT Materials. Any use of FIXT Materials, other than as expressly permitted herein, is prohibited without the prior permission of FIXT and/or the relevant right holder. The service marks and trademarks of FIXT, including without limitation fixtuae.com and the FIXT logo are service marks owned by the affiliates of FIXT. Any other trademarks, service marks, logos and/or trade names appearing on the FIXT Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the FIXT Platform without the express prior written consent of the owner.

  • 11. The App / Mobile Devices.
  • a) The FIXT Platform may allow you to access our services, download our Apps, upload content to the FIXT Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile service carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile service carrier with any other questions regarding these issues.

    b) You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

    c) FIXT shall not be liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. FIXT reserves the right to terminate the use of the Apps or any other aspect of the FIXT Platform should you be using the Apps or the FIXT Platform with an incompatible or unauthorized device. FIXT is not responsible for your internet connection or for any consequences of intermittent or unavailable connectivity.

  • 12. Modifications to the FIXT Platform and Interruption of Services
  • Modifications to the FIXT Platform and Interruption of Services - We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the FIXT Platform or any content or information on the FIXT Platform or the Apps, including any features therein, at any time with or without notice to you. We shall not be liable to you or any party should we exercise such rights under this Section. Modifications may include, but are not limited to, the addition of new fee-based services. Any new features that augment or enhance the then-current services on this site and app shall also be subject to these Terms of Use. You understand and agree that temporary interruptions of the services available through this Site and App may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site and App, and therefore, delays and disruption of other network transmissions are completely beyond our control. You understand and agree that the services available on this Site and Apps are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, failed delivery or failure to store any user communications or personalization settings.

  • 13. Confidentiality
  • Confidentiality - The term “Confidential Information” shall mean any and all of FIXT’s trade secrets, confidential and proprietary information, personal information and all other information and data of FIXT and its affiliates, employees and contractors that is not generally known to the public or other third parties. The FIXT Platform contains secured components that are accessible only to those who have been granted a user name and password by FIXT. Information contained within the secure components of the FIXT Platform is confidential and proprietary and part of FIXT’s Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of FIXT and agree that you will not disclose or use Confidential Information other than as necessary for you to make use of the FIXT Platform as expressly permitted by this Terms & Conditions and only during the term of these Terms & Conditions.

  • 14. Disclaimer of Warranties; Limitation on Liability.
  • a) Use of the FIXT platform is entirely at your own risk. To the fullest extent permitted by applicable law, the FIXT platform and all materials, products and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or any warranty of title or non-infringement. Without limiting the foregoing, neither FIXT nor its affiliates or licensors warrant that the FIXT platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the FIXT platform; nor do they make any warranty as to any professional’s registration, professional accreditation or license; Access to the fixt platform is provided free of charge as a courtesy. Neither FIXT nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any User of the FIXT platform (including but not limited to the conduct of any Customers or Service Providers). Neither FIXT nor its affiliates or licensors warrant that the FIXT platform is free from viruses, worms, Trojan Horses, or other harmful components. FIXT and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

    b) No liability - You agree not to hold FIXT, its affiliates, its licensors or any of such parties’ agents, employees, officers, directors, corporate partners or participants (collectively, “members”) liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the FIXT platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property) and any destruction of your information. Under no circumstances will FIXT or members be liable for any direct, indirect, incidental, consequential, special or punitive damages whatsoever, including, without limitation, those resulting from your use of or inability to use the FIXT platform or any services or products, even if such parties were or should have been advised of the possibility of the same.

    c) Release - FIXT and its affiliates expressly disclaim any liability that may arise between Users of the FIXT platform. The FIXT platform is only a venue for connecting Users. Since FIXT is not involved in the actual contact between Users or in the completion of any Professional Service, in the event that you have a dispute with one or more Users, you release FIXT and affiliates from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

    d) Additional Disclaimers.

    i. The quality of the Professional Services and/or the Products scheduled or requested through the use of the FIXT platform is entirely the responsibility of the Service Provider and/or the third-party Product provider who ultimately provides such Professional Services or Products to you.

    ii. Nothing in these Terms & Conditions or the FIXT platform constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or other matter, you should consult an appropriate professional.

    iii. By using the FIXT platform, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. If you do not believe they are reasonable, you must not use the FIXT platform.

    iv. You accept that, as an entity, FIXT has an interest in limiting the personal liability of its affiliates, officers, directors and employees. You agree that you will not bring any claim personally against FIXT’s officers, directors or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect FIXT’s officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as FIXT.

  • 15. Indemnification
  • You hereby agree to indemnify, defend, and hold harmless FIXT, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (a) your use or misuse of or inability to use the FIXT Platform, any Product and/or any Professional Service, (b) your violation of this Agreement, (c) your violation of any applicable law or regulation; (d) your violation of the rights of another (including but not limited to Service Providers), and (e) Your Information and content that you submit or transmit through the FIXT Platform. FIXT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of FIXT.

  • 16. Disputes.
  • a) Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and FIXT, including without limitation any dispute or claim related to or arising out of this Terms & Conditions (“Dispute”), you and FIXT may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your email address and/or physical address that you have provided to FIXT. FIXT’s address for such notices is legal@fixtuae.com and/or by mail to P O Box 121244, Dubai, UAE.

  • 17. Governing laws and jurisdiction
  • The Laws of the United Arab Emirates and the Laws of Dubai shall govern access to and the provisions of any services and you agree to submit to the exclusive jurisdiction of the Dubai Courts.

  • 18. Assignment
  • Your confirmation of the Terms & Conditions of this Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments to (a) a parent or subsidiary, (b) an acquirer of assets, or (iii) any other successor or acquirer. Any assignment in violation of this section shall be null and void.

  • 19. Changes and Modification of Terms of Use
  • We reserve the right, at our sole and absolute discretion, to alter, change, modify, add to, supplement or delete any of the terms and conditions, including the Terms of Use, at any time, effective with or without prior notice to you. You acknowledge and agree that it is your responsibility to review, via this Site or the Apps, these Terms of Use periodically and to be aware of any modifications. Your continued use of the FIXT Platform after such modifications will constitute your acknowledgement of the modified Agreement and/or the Terms of Use and your complete and irrevocable acceptance of any and all such changes and your agreement to abide and be bound by the modified Agreement and/or Terms of Use. If any future changes to this Agreement or the Terms of Use are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the FIXT Platform.

  • 20. Notices and Contact Information
  • All notices to a party shall be in writing and shall be made either by email or conventional mail through the UAE Postal Service postage prepaid, certified or registered. Any notices, questions, or other communications to FIXT that are not otherwise provided for in this Agreement must be sent to us at legal@fixtuae.com or by mail at P O Box 121244, Dubai, UAE.

    Notices to you will be sent to the email address supplied as part of your registration. In addition, we may broadcast notices or messages through the site and app to inform you of changes to the site and app or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication on the delivery date by confirmed email.

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