1. CONTRACTUAL RELATIONSHIP
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Fixpals. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written agreements with you. Supplemental terms may apply to certain Services and such supplemental terms will be disclosed to you in connection with the applicable Services.
Fixpals may restrict you from accessing or using the Services, or any part of them, immediately, without notice, in circumstances where Fixpals reasonably suspects that:
• you have, or are likely to, breach these Terms: and/or
• you do not, or are likely not to, qualify, under applicable law or the standards and policies of Fixpals and its affiliates, to access and use the Services.
Fixpals may terminate these Terms or any Services with respect to you, or generally restrict offering or deny access to the Services or any portionthereofimmediately, where Fixpals reasonably suspects that:
• you have, or are likely to, infringe these Terms and/or
• you do not, or are likely not to, qualify, under applicable law or the standards and policies of Fixpals, to access and use the Services. Without limiting its other rights under these Terms, Fixpals may immediately restrict your access to the Services if you breach these guidelines at any time.
You may terminate these Terms at any time, for any reason.
Fixpals may improvise any policies or supplemental terms (including the Guidelines) related to the Services from time to time. Fixpals will provide you with notice in the event of change to any policies or supplemental terms that detrimentally affects your rights under these Terms. Amendments will be effective upon Fixpals’s posting of such amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the Terms, as amended.
Fixpals may disclose user personal information to third parties. Fixpals may provide to an insurer any necessary information if there is a complaint, dispute or conflict, which may include an accident, involving you and a third party and such information or data is necessary to resolve the complaint, dispute or conflict.Fixpals may also provide to a law enforcement agency, statutory body, governmental agency or investigative agency any necessary if required by law or of any investigation involving you and a third party and such information or data is necessary towards the enquiry/investigation that is being carried out by the said agency as the case may be.
2. THE SERVICES
Fixpals will provide the Services to you under this Agreement. The Services constitute the use of a technology platform that allows you, as a user of Fixpals’sApplication or Website to:
• Book home-based services with independent third-party providers of those services, who have an agreement with Fixpals.
• Facilitate payments to third-party providers for the services and receive receipts for those payments.
The Services are made available solely for your personal and non-commercial use unless Fixpals has agreed with you otherwise in any other agreement. You understand that Fixpals does not provide home-based services and that all such home-based services are provided by independent third-partyproviders who are not employed by Fixpals or any of its affiliates. Fixpals accepts liability for the Services and the Fixpals Mobile Application that it provides to you subject to these Terms. Fixpals isn’t liable for any material/goods that are being used as Fixpals doesn’t provide or sell any materials/goods. Third Party Providers are responsible for the services they provide to you.
You may not:
i. remove any copyright, trademark or other proprietary notices from any portion of the Service
ii. reproduce, modify, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Fixpals
iii. link to, mirror or frame any portion of the Services
iv. cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services
v. attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Contents
The Services and all rights therein are and shall remain Fixpals property. Neither these Terms nor your use of the Services grants to you any rights: (i) in related to the Services except for the limited license granted above, or (ii) to use or reference in any manner Fixpals’s names, logos, service names.
3. USE OF THE SERVICES
In order to use the Services, you must register for and maintain an active user Services Account. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Fixpals some personal information, such as your name, address, mobile phone number as well as at least one valid payment method (either a credit/debit card or accepted payment partner). You agree to maintain accurate, complete, and up-to date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method, may result in your inability to use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You will not, in your use of the Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the third-Party Provider or any other party
Fixpals strongly condemns discrimination against third-party providers based on race, religion, caste, national origin, disability, sexual orientation, sex marital status, gender identity, age or any other characteristic that may be protected under applicable law. Such discrimination includes, but is not limited to, any refusal to accept services based on any of these characteristics. If it is found that you have violated this prohibition you will lose access to the mobile Application. Applicable laws in certain jurisdictions may require or allow the provision of services by and for the benefit of a specific category of persons. In such jurisdictions, services provided in compliance with these laws and the relevant applicable terms are permissible.
By creating an Account, you agree that the Services may send you text (SMS) messages as part of the normal business operation of your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Fixpals maycreate promotional codes that may be redeemed for Account credit, or other features/benefits related to the Services or a third-party Provider's services, subject to any additional terms that Fixpals establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:
(i) must be used for the intended audience and purpose, and in a lawful manner
(ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Fixpals
(iii) may be disabled by Fixpals at any time for any reason without liability to Fixpals
(iv) may only be used pursuant to the specific terms that Fixpals establishes for such Promo Code
(v) are not valid for cash
Network Access and Devices
Users are responsible for obtaining the data network access necessary to use the Services. Your mobile data and messaging rates may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. In addition, the Services may be subject to malfunctions and delays corresponding to the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a third-party Provider after you have received services obtained through your use of the Service.Fixpals will facilitate your payment of the applicable charges on behalf of the third-party Provider and such charges shall be considered as payment made directly by you to the third-party Provider.
Fixpals shall charge you a minimum fee for the Services provided by Fixpals to you. The Fee may be charged from you at the time of booking of services on the mobile Application or upon the completion of service.
Such Charges and Fee will be inclusive of applicable taxes where required by law. Charges and Fee paid by you are final and non-refundable. Under the Consumer Law legislation, you may be entitled to a refund for a major failure of the Services, or other remedies for a minor failure. All Charges and Fee are due immediately and payment will be facilitated by Fixpals using the preferred payment method designated in your Account, after which Fixpals will send you a receipt in the Application or Email. If your primary Account payment method is determined to be expired, otherwise not able to be charged, you agree that Fixpals may, as the third-party Provider's payment collection agent, use a secondary payment method in your Account, if available.
As between you and Fixpals, Fixpals reserves the right to establish, remove or revise Charges for any or all services obtainable through the use of the Services at any time Fixpals sole discretion. Fixpals may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the 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 elect to cancel your request for services at any time prior to Provider’s arrival, in which case you may be charged a cancellation fee.
Further, Fixpals may from time to time offer subscription packages to you, in exchange for monetary consideration, additional benefits such as discounted services from third-party Providers will be made available to you. The said benefits will only be available for a limited period as may be agreed with you in advance.
This payment structure is intended to compensate the third-party Provider for the services provided. After you have received services by the provider, you will have the opportunity to rate your experience and leave additional feedback about your third-party Provider. It is clarified that the Charges and Fees (respectively) shall be made only for the services provided by the third-party Provider to you and for the Services provided by Fixpals to you.
Except as required, Fixpals refuses all representations and warranties, set out in these terms, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services or any services requested through the use of the services, or that the services will be uninterrupted or error-free Fixpals does not guarantee the quality, suitability, safety or ability of third party providers. You agree that the entire risk arising out of your use of the services, and any service or good requested in connection therewith, remains solely with you, to the maximum extent permitted under applicable law, including the relevant consumer law legislation.
LIMITATION OF LIABILITY
If you are acquiring the services as a consumer, Fixpals’s liability for a failure to comply with a consumer guarantee is limited to in the case of services supplied to you as part of the services under this agreement, the supply of the relevant services again, or the payment of the cost of resupplying the services.
Fixpals shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the services, even if Fixpals has been advised of the possibility of such damages. Also, Fixpals shall not be liable for any damages, liability or losses arising additionally outside of the specific services opted by you during the time of booking those services.
Fixpals’s services may be used by you to book home-based services with third-party providers, but you agree that Fixpals has no responsibility or liability to you related to any home-based services provided to you by third-party providers other than as expressly set forth in these terms.
Fixpals will maintain a complaints management framework, and will manage this on behalf of third-party providers, in a reasonable way and in accordance with the non-excludable requirements of the relevant consumer law legislation.
Fixpals will not be responsible for delays or failures in performance resulting from acts beyond the reasonable control of Fixpals. Such acts shall include but not be limited to acts of God, riots, acts of war, epidemics, pandemics, trade embargoes, fire, typhoons, earthquakes, other natural disasters. etc
6. GOVERNING LAW; ARBITRATION
To resolve any dispute, conflict, claim or controversy arising in connection with or relating to the Services or these Terms, including those relating to its validity, its construction or its enforceability or with the services provided by a third-party Provider (any "Dispute"). All disputes or differences arising with regard to these terms or the obligations, duties, rights, liabilities or any claim monetary or otherwise, shall be subject to the jurisdiction of the court of Guwahati.
In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the relevant Consumer Law legislation.
In the event of a Dispute, either party may file an action in the courts of India or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. If either party elects to pursue final and binding arbitration, the venue of the arbitration shall be Guwahati, Assam.
Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
i. the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings
ii. the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these Terms.