Welcome to fixyfix.com. The http://fixyfix.com/ website (the "Site") is comprised of various web pages operated by FixyFix, Inc. ("FixyFix"). http://fixyfix.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
http://fixyfix.com/ is an E-commerce Site functioning as a cyber medium for enabling customer to order a wide range of Services performed by third party Services providers (“Services Providers”), including but not limited to handyman Services, plumbing, electrical work, cleaning, and moving help.
PLEASE READ THESE TERMS AND CONDITIONS ("Terms", "Terms and Conditions") CAREFULLY before using the FixyFix website (the “Website) to order a third party Services (the "Services") operated by FixyFix Inc. ("us", "we", or "our").
Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Services.
BY ACCESSING OR USING THE FIXYFIX WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE WEBSITE OR THE SERVICES.
By using FixyFix, you consent that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FixyFix is not responsible for third party access to your account that results from theft or misappropriation of your account. FixyFix and its associates reserve the right to refuse or cancel Services, terminate accounts, or remove or edit content in our sole discretion.
By visiting http://fixyfix.com/ or sending emails to FixyFix or utilizing FixyFix’s “Contact Us” link constitutes electronic communications. By communicating electronically you consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Payments Facilitated by FixyFix
All payments for Services rendered, supplies used, and any other Services or products and related taxes will be made on the FixyFix website upon order of Services. Payments are due and payable in full immediately upon ordering of Services.
Customer agrees to pay for any and all Services rendered by any Services Provider of which customer has knowledge from the Web Site or its personnel and applicable taxes solely through the Web site and its designated billings and payment processes. Customer agrees not to pay Services Provider directly for any Services rendered or supplies used; and not to contract with Service Provider or permit the rendering of additional Services not scheduled and paid for through the Web Site. In the event customer breaches any of the foregoing, customer agrees that FixyFix may charge customer’s credit card a $100.00 violation fee.
Cancellation of Services by Customer & Refund Policy
Cancellations of Services can be made at any time. If the cancellation is made more than 24 hours in advance of the appointment then the customer is entitled to a full refund of the order. If the cancellation is made within 2-23 hours of the appointment then the customer is entitled to a full refund, but will be deducted a $15 surcharge for processing costs. If the cancellation is made within 2 hours of the scheduled appointment than the customer is liable for the entire cost of the Services. If the third party Services Provider is directly notified of the cancellation without notice to FixyFix then the customer will be liable for the entire cost of the Services.
The Customer is required to order a minimum Service of 2 hour when using the FixyFix Platform. Service completion time can depend on a number of factors including, but not limited to, expertise of the Service Provider, allotted manpower, type of equipment used, and accessibility. If the Service is completed in a shorter time span than 2 hours the customer is not entitled to a refund.
If the Services is cancelled by a third party Services Provider, FixyFix will make reasonable efforts to replace the Services Provider or to reschedule the Services. However, FixyFix cannot guarantee that the Services will be provided at the scheduled time, that a replacement Services Provider will be provided, or that the Services will be rescheduled. FixyFix shall not be held liable for the cancellation of a Services by a third party Services provider. Furthermore, Fixyfix shall not be held liable for any damages that might arise directly or indirectly from the cancellation of a Services by a third party Services Provider. The Services Providers penalty for cancelling a Services order shall be dictated by an independent Third Party Services Provider Agreement and in no way shall be limited by any of the Terms of this agreement.
FixyFix Inc., in its sole discretion and at any time, may modify the fees for the Services. Any Services fee change will become effective when posted on the FixyFix website.
FixyFix Inc. will provide you with a reasonable prior notice of any change in fees by posting such on the FixyFix website under the Services order.
Certain refund requests for Services may be considered by FixyFix Inc. on a case-by-case basis and granted in sole discretion of FixyFix Inc..
Refunds shall be granted solely in FixyFix discretion. If you are not satisfied with the Services provided, please contact FixyFix via the “Contact Us” link at the bottom of the page. FixyFix will do its best to respond to customer messages and complaints. However, FixyFix shall not be required to refund any order unless otherwise provided for in this agreement
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party Services. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
FixyFix as Services Platform: FixyFix is solely a Services platform for connecting customer with third party Services providers. As such, FixyFix disclaims all liability for any damages resulting from the Services provided by third party Services Providers. Thus, you agree to hold FixyFix harmless from any and all direct or indirect damages and liability stemming from the acts or performance of the Services Providers. FixyFix shall not be held liable for the conduct of any customer or Services Provider, and will not be responsible for any claim, injury or damage arising from an order of Professional Services.
Background Checks: FixyFix will make reasonable efforts to insure that Services Providers conform to upmost standards of the particular industry for which the order is made. However, FixyFix makes no specific representations as to the third party Services Providers or the Services that they shall provide. FixyFix is not responsible for background checks on Services Providers. FixyFix is not responsible for insuring proper licensure of Services Providers. Fixyfix is not responsible for insuring the quality of work or Services provided by the Services Provider.
FIXYFIX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO ITS LIMITED SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE.
Use of Site: Your use of the Website is at your sole risk. Furthermore, the Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
FixyFix Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects caused by Service Providers will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Services will meet your requirements.
You acknowledge that FixyFix has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release FixyFix from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. FixyFix makes no representations concerning any content contained in or accessed through the Sites and Services, and FixyFix will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. FixyFix makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER FIXYFIX NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF FIXYFIX, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL FIXYFIX OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL FIXYFIX OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIXYFIX OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, FIXYFIX DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FIXYFIX'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
The Sites and Services may display links to other Internet sites or resources. Because FixyFix has no control over such sites and resources, you acknowledge and agree that FixyFix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FixyFix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
Protection of Information: FIXYFIX SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND FIXYFIX HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Liability For Third Party Services Providers – FixyFix does not warrant or guarantee any Services, including Service Provider performance on the job, timing, completion, outcome, quality or durability of Services performed, or supplies used. Service Providers are not employees or agents of FixyFix, nor is FixyFix an agent of any Service Provider. FixyFix does not perform, and is not responsible in any manner for, any of the Services or supplies requested by you in your Services request. Your rights under contracts you enter into with Service Providers are governed by the terms of any such contracts and by applicable federal, state and local laws. Should you have a dispute with any Service Provider, and assuming such dispute is not satisfactory resolved under FixyFix’s “Dispute Resolution” process below, you must thereafter address such dispute with the Service Provider directly, AND YOU HEREBY AGREE TO RELEASE AND INDEMNIFY FIXYFIX (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS) FROM ANY AND ALL DAMAGES OR CLAIMS (INCLUDING PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH SERVICES OR DISPUTES, YOUR USE OF THE WEB SITE OR RELIANCE ON CONTENT, AND YOUR DEALINGS WITH SERVICE PROVIDERS AND OTHER SUPPLIERS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, FIXYFIX DOES NOT REPRESENT OR WARRANT THAT SERVICE PROVIDER OR SERVICES WILL MEET YOUR REQUIREMENTS.
FIXYFIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO ANY SERVICES PROVIDED BY THIRD PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR DELAY IN OPERATION OF A SERVICE PROVIDER.
Links To Other Web Sites
Our Services may contain links to third party web sites or Services that are not owned or controlled by FixyFix Inc.
FixyFix Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that FixyFix Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or Services that you visit.
FixyFix may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that FixyFix reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that FixyFix may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to FixyFix.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless FixyFix Inc. and its licensee and licensors, and their employees, Service Providers, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password, b) Services provided by Service Providers or (c) a breach of these Terms.
Limitation Of Liability
In no event shall FixyFix Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party Service Provider; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
Changes to Terms
FixyFix reserve the right, at our sole discretion, to modify or replace these Terms at any time. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide FixyFix notice to remove you from any communication lists that are available to you through your use of the Sites and Services.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
FixyFix reserves the right, in its sole discretion, to change the Terms under which http://fixyfix.com/ is offered. The most current version of the Terms will supersede all previous versions. FixyFix encourages you to periodically review the Terms to stay informed of our updates.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FixyFix or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Should any part of this Agreement be rendered or declared invalid, such invalidation of such part or portion of this Agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration Services selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FixyFix agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Third Party Accounts
You will be able to connect your FixyFix account to third party accounts including but not limited to Facebook and Google Plus. By connecting your FixyFix account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Website is controlled, operated and administered by FixyFix from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FixyFix Content accessed through http://fixyfix.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
If you have any questions about these Terms, please contact us via the “Contact us” link at the bottom of the page.
1801 Stillwell Avenue
Brooklyn, New York 11223
Effective as of February 05, 2016