The Terms and Conditions (“Terms”) constitute a binding and enforceable legal agreement (“Agreement”) between Fixezee, a registered commercial establishment in Telangana (“Fixezee”, “We”, “Us”, or “Our”), and You, a user of Our Service, where You wish to use Our Platform, to engage the Service Provider who wish to provide professional services to You through Our Platform.
These Terms govern the use and access of Our Application and Website (as detailed below) including any content, functionality and services offered on or through www.fixezee.com (the “Website”) or Our Application.
You acknowledge that Our Platform serves as a digital service marketplace for professional services provided by the Service Providers and not by Us. The Professional Services are provided by independent third-party contractors who are not employed by Us. Any contractual arrangements fulfilled at the completion or delivery of the Service by a Service Provider is solely between the Customer and the Service Provider. You agree that, in accepting these Terms, You use Our Platform in order to connect with the Service Provider for availing professional services provided by the Service Provider through Our Platform.
You acknowledge that We operate as a technology service provider where we provide You with access to the Our platform. None of the provisions set out in these Terms shall be interpreted as creating the relationship of employer and employee or engager and worker between You and Us at any time, under any circumstances or for any purpose. Nothing in these Terms shall create a joint venture or partnership or render You as Our agent or partner, and You shall not hold Yourself out as such. You acknowledge and agree that the Service Providers are not employed by Us nor are Our agents, that the Service Provider’s provision of the Service to You creates a direct business relationship between You and the Service Provider and that We are not responsible or liable for Your actions or inactions in relation to Your activities. You agree not to assume or create any obligation or responsibility, express or implied, on behalf of or in Our name
While you order for the professional services by using, visiting, registering for, and/or otherwise participating on Our Platform, including the availing of any Services presented, promoted, and displayed on Our Platform, and by clicking on "I have read and agree to the Terms and Conditions", You hereby certify that:
By accessing and placing an order with Us, You confirm that You are in agreement with and bound by these Terms mentioned herein. These Terms apply to the Platform that is owned by Us, and any email or other type of communication between You and Us.
As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By implicitly or expressly accepting these Terms and Conditions, You also accept and agree to be bound by Fixezee Policies including but not limited to Privacy Policy as amended from time to time.
By using the Services of Our Platform, You agree that You have read, understood, and are bound by these Terms, as amended from time to time, and that You will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with You. If You do not agree to these Terms, or comply with the requirements listed here, please do not use the Services. In case if You violate any of these Terms, We reserve the right to cancel Your account or block access to Your account without notice
If You use the Platform, You shall be responsible for maintaining the confidentiality of User Details that You use for Registering on the Platform as a Registered User and You shall be responsible for all activities that occur using them. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Platform.
You agree to immediately notify Us of any unauthorized use / breach of Your account and ensure that You exit from Your account at the end of each session.
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Fixezee is solely for Your personal, non-commercial us
You agree not to and You will not permit others to:
Without the prior written consent of the owner, modification of the materials, use of the materials on any other Fixezee or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.
We enable You to request/order online for any professional service provided by Our Service Providers like Electrical, Plumbing, etc. Once you place an order, We will send it to the available Service Providers based on their availability and internal allocation processes as solely determined by Us, and it may be accepted based on the availability of the Service Providers for the required location at the requested time. Your request is subject to acceptance by a Service Provider. Once a Service Provider has accepted Your order, We will inform You via an SMS, push notification or confirmation screen on Our Platform. If no Service Provider is available to accept Your order at that moment, We will notify You the same and You may request/order again anytime later.
The Service provided through Our Platform in accordance with any relevant provisions of Applicable Laws shall include:
You agree that upon a request of the Service being assigned to the Service Provider on Our Platform, its acceptance and completion will constitute an independent Professional Services Contract between You and the Service Provider. You agree that upon accepting Your request of the Service, We may provide to the Service Provider, Your service location, mobile phone number, rating and such other information to enhance and facilitate the provision of the Service by the Service Provider, and for the Service Provider to identify You.
The Professional Services Contract for the Service will be a contract solely between the You and Service Provider. At no time will We have any obligations or liabilities in respect of such a Professional Services Contract between You and the Service Provider.
Once the Service requested/ordered is accepted, We may provide:
While We request each Service Provider to use all reasonable efforts to arrive prior to requested service time slot, if there is any delay, You should contact the Service Provider through Our Platform by contacting Us via in-App support or the call center, if available.
If You need to cancel an assigned request/order, You must immediately contact Our care team or may cancel it through Our Platform. The refund of any payments made by you towards the booking of the Service shall be governed by Our Cancellation Policy as provided herein or as updated by Us from time to time on Our Platform.
We may cancel any order that classifies as ‘Fraud Order’ under certain criteria at any stage of providing Our Services. An order can be classified as 'Fraud Order' if it meets with the below mentioned criteria, and any additional criteria as defined by Fixezee:
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
You can request for multiple Services at the same time in a single order as long as they all belong to the same category. For example, Electrical & Plumbing orders shall be allowed but as separate orders whereas different services from Electrical category can be ordered together.
You appoint Us as Your representative, to collect the Fees/Total Fee for the Service (as applicable and set out herein) and acknowledge that We do so on behalf of the Service Provider and where applicable for the amounts owed to Us by You. You hereby authorize Us to act on Your behalf in settling any payment related disputes between You and the Service Provider, and We shall on a commercially reasonable basis, attempt to settle such disputes. In case of any such dispute, You may at Our request or on Your own behalf provide Us with any relevant data and information and hereby permit Us to act on Your behalf. Any decision taken by Us in good faith in settling such a dispute will be final and binding on You.
We reserve the right at its sole discretion to charge Fees to Customers for use of the Our Platform, viewing posted services or other services that We may provide in the future. You acknowledge and understand that We may offer different incentives, and these may be based on different parameters with different benefits. You may be required to pay Us a certain amount for the use of the platform, in accordance with these Terms; which shall be communicated to You from time to time.
Without limiting the Amendments to this Agreement Section, We reserve the right to change the rates and payment terms between You and Us and/or the Service Provider and the same will be communicated to You, from time to time. Where You do not consent to or agree with such changes, You may contact Us as set out herein, or choose not to avail any of the Service on Our Platform.
If You pay for any of Our one-time payment plans. You agree to pay all fees or charges to Your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Your Payment Provider agreement governs Your use of the designated account and You must refer to that agreement and not these terms to determine Your rights and liabilities with respect to Your Payment Provider. By providing us with Your card number and any associated payment information, You agree that We are authorized to verify information immediately, and subsequently invoice Your account for all fees and charges due and payable to Us hereunder and that no additional notice or consent is required. We reserve the right at any time to change the prices and billing methods. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by You. You are responsible for any third-party fees that You may incur when using the Service.
Please note that You can only use the Fixezee Wallet amount to request Services from Your registered account on the Platform. In case if there was any Wallet amount used for placing any order, and the respective order is canceled for any reason, the amount deducted from Your Account Wallet shall be returned right away.
We and Our Service Providers are authorized to charge a Fee or applicable charges for the Platform and the Service and the Service Provider has agreed to appoint Us to communicate such Fee to You. You authorize Us to calculate the Fee in accordance with its internal policies and Applicable Laws. You may contact Us (as set out herein) if the recommended Fee is not agreeable, however continued use of Our Platform and availing of the Service shall constitute consent with regard to the Fee communicated to You on behalf of the Service Provider.
Inspection Fees - A minimum inspection fee as deemed fit shall be charged to You in case You decide not to proceed further with the complete service as requested in the order.
In regards to any dues that You are required to pay Us under the terms of this Agreement, whether for a breach of this Agreement or otherwise (“Settlement”), We will send a report of the Settlement to You giving details of the amounts and reasons thereof. You must make payment of the amounts mentioned in the Settlement to Us within 7 days from the date of issue of such Settlement details. If You fail or refuse to make payment in respect of such Settlement within this period, We will have the right, without any reference to You, to claim the Settlement amount, which will be payable by You on demand.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by You to us with respect to the service shall remain the sole and exclusive property of us. We shall be free to use, copy, modify, publish, or redistribute the suggestions for any purpose and in any way without any credit or any compensation to You.
You agree to conduct in accordance with all Applicable Laws, in a respectful, courteous manner, and allow the Service Provider a safe and conducive environment to provide the Service.
You acknowledge that You shall be solely responsible
You agree that, in booking the Service Our Platform:
We may provide You with personal information relating to the Service Providers who agree to undertake the Service for You. You agree that:
We prohibit discrimination against Service Providers on the basis of 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 the Service based on any of these characteristics. Henceforth, We request that You treat all Service Providers with courtesy and respect, and that you provide them with a safe, clean, and appropriate location to perform the Service. Service Providers shall be entitled to refuse to perform the Service if you have not provided a safe, clean, and appropriate location for them, or you behave towards them in a manner which is discourteous, disrespectful, abusive, or otherwise inappropriate. We reserve the right to withhold access to the Service and otherwise limit your access to the Service and/or Our Platform at our absolute discretion if you behave towards any Service Provider in a manner which is discourteous, disrespectful, or abusive, or which we otherwise deem to be inappropriate or unlawful. You agree that You shall be liable for discriminating against Service Providers or for any failure, intentional or otherwise, to provide the Service Providers a safe, clean, and appropriate location for them to perform the Service. Additionally, You shall also disclose any and all information that may have a bearing on the ability of the Service Provider to perform the Service or impact the Service Provider’s health, safety, or well-being, to Us and the Service Provider.
You agree that in the event a Service Provider behaves in a manner that is discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you shall be required to report such incident to info@fixezee.com at the earliest but in any event within 24 (twenty four) hours of such incident.
As You may have the option to provide a rating and feedback of the Service Provider on Our Platform after the completion of each order, You agree that the Service Provider may also be granted the option to provide a rating and feedback of You. Any such feedback must at all times, comply with Applicable Laws in that jurisdiction in relation to public decency, morals and religious values.
We've updated Our Terms & Conditions to provide You with complete transparency into what is being set when You visit Our Platform and how it's being used. By using Our service, registering an account, or making a purchase, You hereby consent to Our Terms & Conditions.
Our service may contain links to other Websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Terms & Conditions of every site You visit. We have no control over and assume no responsibility for the content, Terms & Conditions or practices of any third party sites or services.
We use 'Cookies" to identify the areas of the Platform that You have visited. A Cookie is a small piece of data stored on Your computer or mobile device by Your Web browser. We use Cookies to enhance the performance and functionality of Our service but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or You would be required to enter Your login details every time You visit Our Platform as We would not be able to remember that You had logged in previously. Most Web browsers can be set to disable the use of Cookies. However, if You disable Cookies, You may not be able to access functionality on Our Platform correctly or at all. We never place Personally Identifiable Information in Cookies.
You acknowledge and agree that We may stop (permanently or temporarily) providing the Service (or any features within the Service: to You or to users generally at Our sole discretion, without prior notice to You. You may stop using the Service at any time. You do not need to specifically inform us when You stop using the Service. You acknowledge and agree that if We disable access to Your account You may be prevented from accessing the Service, Your account details or any files or other materials which are contained in Your account. If We decide to change Our Terms & Conditions, We will post those changes on this page, and/or update the Terms & Conditions modification date.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the service or any service to which it connects, with or without notice and without liability to You.
We may from time to time provide enhancements or improvements to the features/ functionality of the service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the service. You agree that We have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to You. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party Websites or services ("Third- Party Services"). You acknowledge and agree that We shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' terms and conditions.
for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from Us, in the event that You fail to comply with any provision of this Agreement. Termination of this Agreement will not limit any of Our rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.
If You are a copyright owner or such owner's agent and believe any material from us constitutes an infringement on Your copyright, please contact Us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) Your contact information including Your address, telephone number, and an email; (d) a statement by You that You have a good faith belief that use of the material is not authorized by the copyright owners; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury You are authorized to act on behalf of the owner.
You agree to indemnify and hold Us and Our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
There is no charge if You decide to cancel Your order/request of the Service before we assign a Service Provider and the Service Provider leaves for Your location. A flat cancellation fee of ninety nine (99) Indian Rupees will be charged if the cancellation is done anytime after the Service Provider has started his travel to reach Your location.
No refunds will be done after You pay for a completed order/request.
The Service is provided to You with a regular warranty as displayed on Our Platform while You request the Service. In case of any change in this warranty due to whatever possible reason, it shall be notified to You and acknowledged by You on Our Platform before the completion of the Service.
Notwithstanding any damages that You might incur, the entire liability of Us and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the service. To the maximum extent permitted by applicable law, in no event shall We be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if We have been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. so the above limitation or exclusion may not apply to You
You agree that You are solely liable for any accidents, incidents and issues attributable to the condition of the premises where the Service is sought; and breach of any Applicable Laws. We will not be liable for any such accidents, incidents, issues, breaches, costs and expenses. You should exercise caution and common sense to protect Your personal safety and property, just as a reasonable person would when interacting with any person such a person does not know.
All purchases of physical items (products and goods) from a Service Provider will be made pursuant towards a contract between You and the Service Provider. This means that the risk of loss and title for such items pass from the Service Provider to You upon delivery of such items pursuant to the aforementioned contract.
If any provision of this Agreement is held to be unenforceable or invalid. such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
This Agreement together with the Privacy Policy and any other legal notices published by Us on the Services, shall constitute the entire agreement between You and Us concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
No failure to exercise. and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Agreement constitutes the entire agreement between You and Us regarding Your use of the service and supersedes all prior and contemporaneous written or oral agreements between You and Us. You may be subject to additional terms and conditions that apply when You use or purchase other services from Us, which We will provide to You at the time of such use or purchase.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms & Conditions, at any time without any prior written notice to You. You shall ensure to review these Terms & Conditions periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions.
Our Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, videos and audios, and the design, selection and arrangement thereof), are owned by Us, its licensors or other providers of such material and are protected by and international copyright trademark, patent trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Hyderabad. The place of jurisdiction shall be exclusively in Hyderabad.
This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Fixezee's INTELLECTUAL PROPERTY RIGHTS. The term 'dispute' means any dispute, action, or other controversy between You and Us concerning the Services or this agreement, whether in contract, warranty, tort statute, regulation, ordinance, or any other legal or equitable basis. 'Dispute’ will be given the broadest possible meaning allowable under law.
In the event of a dispute, You or Us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: info@fixezee.com. We will send any Notice of Dispute to You by mail to Your address if We have it, or otherwise to Your email address. You and Us will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, You or Us may commence arbitration.
If You and Us don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the specific country of sales. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
In the event that You submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Us without any compensation or credit to You whatsoever. We and Our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to. developing, manufacturing, and marketing products and services using such ideas.
We may, from time to time, include contests, promotions, sweepstakes, or other activities (*Promotions) that require You to submit material or information concerning Yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not You are eligible to participate. If You enter any Promotion, You agree to abide by and to comply with all Promotions Rules. Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, We shall have the right to refuse or cancel any orders placed for the product and/ or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confined and You have been charged. If You have already been charged for the purchase and Your order is canceled, We shall immediately issue a credit to Your account or other payment account in the amount of the charge.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an authorized representative of Us. We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by You. We operate and control Our Service from Our offices in India. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access Our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions (which include and incorporate Our Privacy Policy) contains the entire understanding. and supersedes all prior understandings. between You and Us concerning its subject matter, and cannot be changed or modified by You. The section headings used in this Agreement are for convenience only and will not be given any legal importance.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall We be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort arising out of or in connection with the use of the Service or the contents of the Service. We reserve the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
Under no circumstances shall the We be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data, arising out of the use, or the inability to use, the materials on the Platform, even if We or any of Our authorized representative has been advised of the possibility of such damages.
In case of any queries or support, You may contact Us from Our Platform or email Us at info@fixezee.com or call at +91 74163 22525.