Terms of use agreement

This Terms of Use Agreement (“Agreement”) is entered into by [Fixit Home Services Private] (a proprietorship company under the Companies Act, 2013 hereinafter referred to as “Fixit Home Services”) and you (an individual or entity, hereinafter referenced as “you” or “your”). For the purposes of this Agreement, Fixit Home Services and you shall be individually referred to as “Party” and collectively as “Parties”.

Scope and Acceptance of Terms

  1. This Agreement is to govern the access and utilization of the Fixit Home Services website available at the domain and sub-domains of Fixit Home Services located at [fixithomeservices.co.in] and the licensed content under the End User License Agreement available at [https://www.fixithomeservices.co.in/], by you, in addition to any communications, electronic-mails, advertisements, internet links and other such forms of content as may be dispatched to you by Fixit Home Services (“Platform”) for the purpose of defining the rights, obligations and duties of the Parties relating thereto, and the conduct of online transactions between you and Service Providers (as defined hereinafter) through the Platform.

  2. This Agreement is to govern the access and utilization of the Fixit Home Services website available at the domain and sub-domains of Fixit Home Services located at [https://www.fixithomeservices.co.in] and the licensed content under the End User License Agreement available at [https://www.fixithomeservices.co.in/], by you, in addition to any communications, electronic-mails, advertisements, internet links and other such forms of content as may be dispatched to you by Fixit Home Services (“Platform”) for the purpose of defining the rights, obligations and duties of the Parties relating thereto, and the conduct of online transactions between you and Service Providers (as defined hereinafter) through the Platform.

  3. You agree that Fixit Home Services may at any point in time, at its sole discretion alter, change or modify any part(s) of this Agreement and Fixit Home Services will upon the event of such alteration, change or modification of this Agreement issue a notification of such event hosted at the domain of fixithomeservices.co.in (“Notification of Agreement Alteration”), with any usage of the Platform by you subsequent to the issue of the concerned Notification of Agreement Alteration signifying your continuing assent and willingness to be bound by the provisions of this Agreement and any amendments or alterations thereof.

User Registration and Account

  1. You will not need to register yourself on the Platform for the purpose of merely accessing and visiting the Platform, in addition to interacting with and utilizing the Platform to such extent as Fixit Home Services may determine at its sole discretion. You agree that Fixit Home Services may, at its discretion, designate such parts of the Platform or such functions associated with the Platform to be open to access and participation by you solely upon the creation of a password-protected account on the Platform (“Account”) and through the mechanism(s) provided for under the Account

  2. You will be required to submit a valid phone number and email address in addition to providing other such details as are requested of you, for the registration and operationalisation of the Account in order to avail the Services (as defined hereinafter) and further access other designated functionalities of the Platform as Fixit Home Services may decide at its sole discretion (“Account Data”). In the event that you decide to register your Account via a pre-existing third-party website, as may be provided for by Fixit Home Services, the log-in credentials and other details associated with such third-party website (“Third Party Account Data”) will substitute the Account Data for the purpose of creating the Account.

  3. Subsequent to the submission of the Account Data or Third Party Account Data and the registration of the Account, you consent to be contacted by Fixit Home Services via being added to a mailing list, telephonic calls and/or SMS communication in relation to Service details, updates, promotional offers and other such related communications. In the event you are enrolled in any ‘Do Not Disturb’ registry, you agree to waive such right or arrangement and allow Fixit Home Services to contact you in the manner provided for under this paragraph. In the event that you wish to cease the receipt of such communications from Fixit Home Services, you may choose to exercise the ‘opt-out option’ as provided for under the Platform.

  4. You will be required to choose an Account ID and password (“Login Details”) for obtaining access to the Account and are solely responsible and liable for safekeeping and maintaining the confidentiality of the Login Details and for any activity undertaken on the Platform through the Account

  5. In the event that the security and/or confidentiality of the Login Details is compromised or you find that any unauthorized access or usage of your Account has been made or any other manner of breach of the Account security has occurred, you will notify Fixit Home Services of such compromise or breach with immediate effect, failing which you will be solely responsible and liable for any activity undertaken through the Account with no recourse to Fixit Home Services for any direct or indirect loss or damage occurring from the unauthorized usage or access of the Account.

User Policy

  1. You will over the course of access and/or usage of the Platform not undertake any activity or measure that bypasses the Platform security protocols laid down by Fixit Home Services or which has the effect of unduly encumbering the Platform infrastructure thereby restricting or hindering access and participation with the Platform in any manner.

  2. You will not copy or distribute any part(s) of the Platform without Fixit Home Services express written consent and authorization.

  3. You will neither use any manner of automated systems, such as but not limited to ‘bots’, ‘scrapers’, ‘readers’, for the purpose of accessing and/or utilizing the Platform nor will you utilize any automated system for the purpose of sending requests to the server(s) hosting the Platform to avail the Services or transmit messages to the Platform to an extent that is beyond what an individual may reasonably transmit through a standard web browser.

  4. Notwithstanding anything stated herein, public search engines may utilize automated systems for the purpose of indexing any part of the Platform and making such index available for the public at large. However Fixit Home Services may at any point, at its sole discretion, revoke the exception granted to any public search engine under this paragraph.

  5. You will neither, aggregate, mine, collect or harvest in any manner any data or details associated with any other user account registered on the Platform nor use any data associated with the Platform for any commercial purpose by selling or providing such data to a competitor of Fixit Home Services or any other third party.

  6. You will bear sole responsibility and liability for any content in the form of images, video, text, software, multimedia or any other such form of data that you publish through the Account or host on the Platform in any manner (“User Data”)

  7. You will not disseminate, distribute, post, transmit, upload or make available on the Platform any User Data which is:

    • Violating any applicable laws of the Union of India;

    • Impersonating any individual or entity through the misrepresentation of data by the provision of false and/or inaccurate information;

    • Defaming, libeling, abusing or harassing any individual or entity;

    • Pornographic, obscene, vulgar, profane, discriminatory or objectionable in any manner, as is to be determined at Fixit Home Services sole discretion;

    • Advertising and soliciting any business venture or engagement that Fixit Home Services is not a party to or which is an unsolicited message in the form of ‘chain letters, ‘junk mail’ or any other form of commercial advertisement;

    • Distributing any malicious software, protocol or any other form of technology that is intended to sabotage the security protocols of the Platform or bypass any security measures undertaken by other parties accessing or utilizing the Platform to safeguard their servers, systems and devices;

    • A link to an external server or website which hosts content that is in contravention of the provisions of the User Policy

  8. You agree that you will bear sole responsibility and liability in relation to any User Data that is submitted or communication that is made through the Account on the Platform.

  9. You agree that you will grant to Fixit Home Services a perpetual, non-exclusive, royalty-free and transferable license in respect of the User Data for the purpose of using, reproducing, distributing and utilizing the User Data for commercial purposes in any manner without limitation.

  10. You will not make an offer to any Service Provider wherein you propose to effect a money transfer of an amount in excess of the Service Cost (as defined hereinafter) listed on the Platform with an intent to request a refund of any part of the payment at a later point

User information and Privacy

  1. You agree that Fixit Home Services may for the purpose of the provision of Services in addition to your access and usage of the Platform and matters relating thereto collect data and information relating to you in addition to the Account Data, Third Party Account Data, Login Details and User Data (“Platform Data”).

  2. The collection, storage, maintenance and usage of your Platform Data is to be effected in the manner provided for under the Privacy Policy available at the domain [https://www.fixithomeservices.co.in/agree/privacy].

  3. The Parties agree that Fixit Home Services may at any point at its sole discretion choose to amend, alter, change or modify any part or whole of the Privacy Policy with a notification of such act being posted at the domain [https://www.fixithomeservices.co.in] (“Privacy Policy Notification”). Subsequent to the issue of the concerned Privacy Policy Notification, as provided for under this paragraph, upon the continued visitation, access and utilisation of the Platform, you shall have considered to have assented to any modification or change in the Privacy Policy.

Services

  1. You agree that Fixit Home Services may for the purpose of the provision of Services in addition to your access and usage of the Platform and matters relating thereto collect data and information relating to you in addition to the Account Data, Third Party Account Data, Login Details and User Data (“Platform Data”).

  2. The collection, storage, maintenance and usage of your Platform Data is to be effected in the manner provided for under the Privacy Policy available at the domain [https://www.fixithomeservices.co.in/agree/privacy].

  3. The Parties agree that Fixit Home Services may at any point at its sole discretion choose to amend, alter, change or modify any part or whole of the Privacy Policy with a notification of such act being posted at the domain [ www.fixithomeservices.co.in] (“Privacy Policy Notification”). Subsequent to the issue of the concerned Privacy Policy Notification, as provided for under this paragraph, upon the continued visitation, access and utilization of the Platform, you shall have considered to have assented to any modification or change in the Privacy Policy.

  4. You may choose to avail of any Service by accessing the Platform and selecting a Service Provider for the provision of a specified Service in light of your requirements and needs, in return for the payment of the Service Cost to the Service Provider, and by entering into a separate agreement governing the conduct of the Service and payment of the Service Cost relating thereto to the Service Provider (“Service Agreement”).

  5. Fixit Home Services will, as consideration for facilitating the Service Provider and you entering into the Service Agreement through the usage of the Platform, charge a fee to be paid by you as is to be calculated in the manner provided below: Fee = [Based on skill type of the service, the amount of time spent & the value of the parts obtained]

  6. You may render payment of the Service Cost and Fee at the time of booking the Service on the Platform. In the event you choose not to effect the payment of the Service Cost and Fee at the time of booking the Service on the Platform, you must effect payment either immediately upon the completion of the Service by the Service Provider or upon the receipt of the invoice relating to the Fee, whichever is earlier.

  7. Fixit Home Services will charge such the Service Cost and Fee to your payment gateway registered under the Account. In the event that Fixit Home Services cannot charge the Service Cost and Fee to the payment gateway registered under your Account or when you do not make payment of the same within the period specified by Fixit Home Services, Fixit Home Services may at its sole discretion choose to terminate this Agreement as provided for under this Agreement in addition to suspending, blocking and/or deleting your Account and initiating the appropriate legal proceedings under the applicable law for the recovery of the outstanding Fee from you.

  8. You will not in respect of availing the Service violate the applicable law or any third party rights of any manner in addition to the provisions of this Agreement or fail to deliver payment of the Service Cost to the Service Provider, manipulate or flout the Service Cost structure and billing process or fail to render the Fee to Fixit Home Services in the manner provided for under this Agreement

  9. Upon selecting a Service Provider and entering into a Service Agreement, you must mandatorily avail of the selected Service and make payment of the Service Cost and Fee unless the Service Provider fails to provide the relevant Service as stipulated under the Service Agreement or the Service Provider materially alters the terms and nature of the Service after the execution of the Service Agreement.

Intellectual Property Rights

  1. You agree that Fixit Home Services is the sole owner of the Platform, with all associated rights under the applicable law in relation to the ownership of the Platform vesting in Fixit Home Services.

  2. You acknowledge that the entirety of the content hosted on the Platform, including the Platform Data and any and all content such as but not limited to the source code, text, images, video, audio files, software, designs and icons and other such content in addition to the trademarks and service marks contained therein, is the exclusive intellectual property of Fixit Home Services, with you being barred from reproducing or using such content without the provision of express written consent of Fixit Home Services and without making due and proper attribution to Fixit Home Services.

  3. This Agreement grants a non-exclusive, non-transferable, revocable license to you to access and utilize the Platform as provided for the limited purpose of utilizing the Services as provided for under this Agreement.

  4. You will not alter, copy, distribute or reverse engineer and make derivative forms of the Platform without the express written consent of Fixit Home Services.

Representations and Warranties

  1. You have attained the age of 18 [eighteen] years and have the power to enter into this Agreement under the applicable law in addition to not being subject to any agreement, law, judgment or order that is inconsistent with or adverse to the terms and conditions of this Agreement.

  2. The Account Data provided by you is truthful, accurate and complete and that you will undertake the necessary steps to maintain the accuracy and updating of the Account Data.

  3. The access and/or usage of the Platform by you is not in violation of any applicable law.

  4. You have the requisite licenses, rights, assignments, consents and authorizations under the applicable law to use and authorize Fixit Home Services to utilize any User Data generated by you, in the manner provided for under this Agreement. Fixit Home Services represents and warrants that.

    • It has the power and is duly authorized to enter into this Agreement and execute the terms listed herein.

    • This Agreement does not contravene any existing law or obligation by which Fixit Home Services is bound.

    • It is not subject to any agreement, judgment or order that is inconsistent with or adverse to the terms and conditions of this Agreement.

Indemnity

  1. You shall indemnify and hold harmless Fixit Home Services, its officers, directors, employees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including attorneys’ fees and court costs) which result from the usage of the Platform or in relation to you availing any Service through the Platform by you.

Disclaimers and Limitation of Liability

  1. You acknowledge that Fixit Home Services does not endorse the truthfulness or veracity of any Account Data or User Data in addition to any communication or representation issued through the Account.

  2. You agree that the Platform in addition to the Services is provided on an “as available” basis without any representations and warranties on part of Fixit Home Services, whether express or implied, except as otherwise specified under this Agreement, attaching itself to the Platform or the Services.

  3. You agree that Fixit Home Services does not represent or warrant that the Platform will be available at all points in time and that Fixit Home Services may take the Platform offline and unavailable for usage for such period as it wishes or is compelled to by external circumstances.

  4. You agree that Fixit Home Services does not represent or warrant that the Platform will be free of any spyware, Trojans and other forms of malicious software and that Fixit Home Services will not bear any liability or responsibility in the event that the Platform is infected with malicious software and such malicious software spreads to you.

  5. You agree that you will waive all any legal or equitable right or remedy that you may have recourse to under the applicable law against Fixit Home Services, in the event that you are exposed to any inaccurate, offensive or objectionable content over the course of visiting or utilizing the Platform and availing of the Services

  6. Fixit Home Services may post advertisements provided by third parties on the Platform. You acknowledge that you solely responsible and liable for any dealing with the advertisement and/or the third-party responsible for such advertisement, with Fixit Home Services not understood to have made any form of representation or warranty, whether express of implied, in relation to the quality, genuineness and other attribute of the third-party.

  7. You recognize that the use of the Services is at your sole risk and liability of and that Fixit Home Services renounces all forms and manner of representations and warranties, whether expressed or implied, with regard to the nature, content, condition, fitness, quality and all other attributes of the Services.

  8. You agree that Fixit Home Services does not bear any responsibility in relation to the conduct or behavior of the Service Providers in addition to any activities undertaken by the Service Providers in the performance of the Service and that Fixit Home Services will not bear any liability or responsibility for any direct or indirect damages or loss caused by the Service Provider to you or any third party.

  9. You agree that notwithstanding anything stated under this Agreement, Fixit Home Services or its affiliates’ liability in any matter relating to the utilization of the Platform and/or conduct of the Service will not exceed the total Fee paid by you to Fixit Home Services.

Force Majeure

  1. You acknowledge that Fixit Home Service will not bear any form of liability for any damage or loss caused due to any default of its obligations under this Agreement arising directly or indirectly from a cause affecting the performance by Fixit Home Services of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control, including but not limited to acts of God, riots, war or armed conflict, embargo, acts of terrorism, acts of government, local government or regulatory bodies, fire, flood, storm or earthquake or any internet connectivity failures, computer equipment failures, telecommunication equipment failures and electrical power failures.

Term and Termination

  1. You agree that the Agreement will be coterminous with and govern each and every instance of the visitation, access and utilization of the Platform and/or Account by you in any manner whatsoever.

  2. You acknowledge that Fixit Home Services will have the sole and absolute discretion to terminate this Agreement and delete or deactivate your Account without any prior notice to you necessitated upon any violation of the terms of this Agreement by you.

  3. You may choose to terminate this Agreement at any point in time by availing of the option to deactivate the Account available on the Platform and understand that effective immediately from the date of termination, the license granted to you under this Agreement to visit, access and utilize the Platform will be nullified. You agree that Fixit Home Services will not be liable to any third party for the termination of this Agreement and the deletion of the Account.

  4. You agree that subsequent to the termination of this Agreement, the license granted to Fixit Home Services under this Agreement in respect of the User Data will subsist for perpetuity with Fixit Home Services not being responsible or liable to any extent for returning the User Data to you

Applicable law, Jurisdiction and Dispute Resolution

  1. This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the Republic of India.

  2. Subject to the provisions stated below, the Parties hereby submit to the exclusive jurisdiction of the courts of Chennai.

  3. All disputes arising out of or in relation to this Agreement shall be settled amicably by the Parties within a period of 30 [thirty] days from the date of the first initiation of the dispute. In the event no amicable settlement is arrived at within a period of thirty days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996

  4. The arbitration shall be conducted by an arbitral tribunal comprising of 1 (one) arbitrator mutually appointed by the Parties.

  5. The arbitration proceedings shall be conducted in English language only and the venue for arbitration shall be at Chennai.

  6. The award of the arbitral tribunal shall be final and binding on the Parties.

Severability

  1. If any provision or any part of a provision of this Agreement is invalid, unenforceable or prohibited by applicable laws, such provision or part of provision if this Agreement shall be severed from this Agreement and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative between the Parties hereto and shall not be part of the consideration moving between the Parties here to and the remainder of this Agreement shall be valid and binding and of like effect as though such provision was not included herein.

Assignment

  1. You agree that Fixit Home Services may at its own discretion assign, delegate or transfer its responsibilities, rights and obligations under this Agreement without any prior intimation or notice required to be made to you.

  2. You agree that you will not assign, delegate or transfer in any manner its responsibilities and any other rights or obligations contained in this Agreement to any third party without the express written consent of Fixit Home Services.

Complete Understanding

  1. This Agreement contains the entire understanding between the Parties, superseding all prior communications, agreements, and understandings between the Parties with respect to the purpose of this Agreement.