Terms of Service
Fixmasters Technologies Pvt. Ltd. ("Company") is a technology-powered service provider and connects individuals who are looking for a service (“Customer” or “User”) with individuals who can offer that service (“Service Provider”). Customer/User and Service Provider together are hereinafter referred to as "Users”. All the Services provided by the Company via Service Providers to Customers using our website form or phone number is referred to as “Services”.
'Force Majeure Event' includes but is not limited to strikes, lockouts, labor disturbances, civil commotion, riots, war, acts of terrorism, major traffic disruption, action of any government or regulatory authority, fuel shortages, abnormal weather conditions at the location of services, abnormal business circumstances or any other cause beyond the reasonable control of the affected party which by exercise of reasonable diligence could not have been prevented or provided against.
"Use of Service" shall mean and include but is not limited to, all the Customers calling the dedicated number of the Company or/and visiting the official website or/and web application of the Company.
"Your Information" is defined as any information and materials Customers/Users provide to Company or other Users in connection with Customer’s registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas.
GENERAL TERMS & CONDITIONS
- The Company provided technology-powered ability for Customers/Users to book and or order a Service Provider for their needs. Company shall have a right to start or withdraw any service without notice.
- The Company accepts requests made by Customers/User via website, app or phone and forward it to the right Service Provider. Upon receiving the request, Service Provider accepts the request and both Customer and Service Provider are notified with each other’s contact information. However, the Company shall reserve the right to cancel the booking without any notice.
- The Company shall make its best possible effort to connect the Customer with the right Service Provider around the Customer’s location and Service Provider may call the Customer to schedule a time that is convenient.
- To ensure full clarity and to remove any doubts, it is confirmed that the Company itself DOES NOT provide services. You further agree and acknowledge that the Company is only a facilitator that connects Customers and Service Provider and is not and cannot be a party to or control in any manner any discussions or transactions between Customer and the Service Provider. Considering this, the agreement and contract of Service shall be strictly bipartite contract between the Customer and the Service Provider. The Company will not and cannot be held responsible for Service Provider not reaching your location, not offering the service or delivering a service that is not satisfactory. The Company will not have any liability whatsoever and the transaction shall be between the Customer and the Service Provider only.
- You warrant that the information you provide to the Company is accurate and complete. The Company may validate and verify the information provided by you. You may access the Fixmasters service using the phone, website or mobile app. The Company reserves the right to discontinue the service, change it or introduce new features of using the service.
- You confirm that you will not do anything that is reasonably believed to be disreputable or damaging the reputation of the Company.
- You will comply with all applicable laws.
- You will treat all Service Providers connected to you by the Company with respect and not cause damage to him/her or engage in any unlawful, threatening, harassing, abusive behavior or activity whilst using their service.
- You will compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
- The Company is not responsible for the actions, inactions, behavior and services delivered by the Service Provider which you may use via the service provided by the Company. The entire discussion and contract for the delivery of service is between you and the Service Provider only. The Company is just a facilitator for introduction and connection of Services Providers with you.
- The Agreement is published in compliance of, and is governed by the
provisions of Indian law, including but not limited to:
- the Indian Contract Act, 1872,
- the (Indian) Information Technology Act, 2000, and
- the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).
PROCEDURE FOR AVAILING THE SERVICES OF THE COMPANY :
- In order to avail the Fixmasters services, you shall need to dial the dedicated number (+91-70300-70400) of the Company, or request for the service through the Fixmasters Mobile application of the company available on Google play store and I-tunes.
- Once the service request is received, the company may accept or reject your service request depending on the availability of the Fixmasters Service provider.
- The Company is entitled to terminate or cancel your service request at any time without giving any reason or prior notice.
- your violation or breach of any term of these User Terms or any applicable law or regulation, whether or not referenced herein;
- your violation of any rights of any third party, including Service Providers arranged by Fixmasters, or
- ) your use or misuse of the application or Website.
- The information, recommendations provided to you on or through the Website, or the Application is for general information purposes only and does not constitute advice. The Company will reasonably keep the Website and the Application and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or Application are free of errors, defects, malware and viruses or that the contents of Website and/or Application are correct, up to date and accurate.
- The Company shall not be liable for any damages resulting from the use of or inability to use the Website or the Application (but to the exclusion of death or personal injury), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of the Company.
- The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- The quality of the service requested through the use of the website/contact number/Application is entirely the responsibility of the Service Provider who ultimately provides such services to you. The Company under no circumstance accepts liability in connection with and/or arising from the services provided by the Service Provider or any acts, action, behavior, conduct, and/or negligence on the part of the Service Provider. Any complaints about the services provided by the Fixmasters Service Provider should therefore be submitted to the Fixmasters Service Provider.
- Fixmasters.in has limited control over the quality, timing or legality of Services delivered by the Service Providers. Fixmasters.in makes only a sincere attempt to provide the best service providers and hence does not take full responsibility of suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users. Although Fixmasters does perform background checks of Fixmasters Service Providers, Fixmasters cannot confirm that each service provider is who they claim to be. Fixmasters does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.
- NEITHER FIXMASTERS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. FIXMASTERS AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
- While Fixmasters will use commercially reasonable efforts to ensure the security of all banking and other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold Fixmasters harmless for any damages that may result there from.
- The customers agrees not to hold Fixmasters, its affiliates, its licensors, or any of such parties, agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to the use of or inability to use the service, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by Fixmasters or its affiliates or licensors and any destruction of your information.
- You agree and acknowledge that the use of the services offered by the Company is at your sole risk and that the Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes. Without prejudice to the above, the Company makes no representation or warranties that: -the service will meet your requirements; -the service will be uninterrupted, timely, secure, or error-free.
- The Company 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 the company has
been advised of the possibility of such damages. The company shall not be
liable for any damages, liability or losses arising out of:
- your use of or reliance on the services or your inability to access or use the services; or
- any transaction or relationship between you and any Fixmasters service provider, even if company has been advised of the possibility of such damages. Company shall not be liable for delay or failure in performance resulting from causes beyond company's reasonable control.
- During the course of performing the service, with or without your approval if the Fixmasters service provider takes any spare part or vital part of the equipment/appliance to outside service station for further repair or/and service, in that case Company will not be held responsible for any loss or misuse of the said spare.
RIGHTS AND OBLIGATION RELATING TO CONTENT
As mandated by Regulation 3(2) of the IG Rules, Fixmasters hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
Use of personal information
You are solely responsible for your Information, and Fixmasters.in acts merely as a passive conduit for their online distribution and publication of your Information. You hereby represent and warrants to Fixmasters.in that Your Information
- will not be false, inaccurate, incomplete or misleading;
- will not be fraudulent or involve the sale of counterfeit or stolen items;
- will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy;
- will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing
- will not be obscene or contain child pornography or be harmful to minors;
- will not contain any viruses, Trojan Horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
- will not create liability for Fixmasters.in or cause Fixmasters.in to lose (in whole or in part) the services of its ISPs or other partners or suppliers. Solely to enable Fixmasters.in to use Your Information, so Fixmasters.in is not violating any rights Fixmasters.in customer might have in that information, Fixmasters.in customer hereby grant Fixmasters.in a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights Fixmasters.in customers have in their Information, in any media now known or not currently known.
Fixmasters.in’s Disclosure of the Company's customer’s Personal Data and Other Information:
The Company is not in the business of selling Fixmasters.in's customer’s information. Fixmasters.in consider this information to be a vital part of its relationship with Fixmasters customer. There are, however, certain circumstances in which Fixmasters.in may share customer’s Personal Data with certain third parties, as set out below:
Routine Services: Fixmasters.in will share customer’s Personal Data with the Company's service providers as necessary for them to provide their relevant services to the customers.
Business Transfers: As Fixmasters grows, the company might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Legal Requirements: Company may disclose its customer’s Personal Data if required to do so by law or in the good faith belief that such action is necessary to
- Comply with a legal obligation,
- Protect and defend the rights or property of Fixmasters.in,
- Act in urgent circumstances to protect the personal safety of users of the Services or the public, or
- Protect against legal liability.
Marketing and advertising: Fixmasters.in and its affiliates may use Personal Data to contact customer in the future to tell him/her about services Fixmasters.in believes will be of interest to him/her. If we do so, each communication the company sends to its customer, it will contain instructions permitting the customer to "opt-out" of receiving future communications. In addition, if at any time customer wish not to receive any future communications or they wish to have his/her name deleted from the mailing lists, please contact the Company as indicated below.
The company does not disclose personal information about identifiable individuals to advertisers, but we may provide them with aggregate and/or anonymized information about its users to help advertisers reach the kind of audience they want to target. Fixmasters.in may make use of the information they have collected from the customers to enable them to comply with their advertisers' wishes by displaying their advertisement to that target audience.
Links to Other Web Sites
Links (such as hyperlinks) from Fixmasters.in to other sites on the Web do not constitute as the endorsement by Fixmasters.in of those sites or their content. Such links are provided as an information service, for reference and convenience only. Fixmasters.in does not control any such sites and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Fixmasters.in Service as well as any advertisements displayed in connection there with) does not mean that Fixmasters.in endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
Termination and Suspension of Services
Without limitation, Fixmasters may terminate or suspend customer’s right to use the Service if customer breaches any term of this Agreement or any policy of Fixmasters.in posted on the Service from time to time, or if otherwise Fixmasters finds that the customer has engaged in inappropriate and/or offensive behavior. If the Company terminates or suspends customer’s right to use the Service for any of these reasons, the customer will not be entitled to any refund of unused balance in his/her account. In addition to terminating or suspending customer’s account, the Company (Fixmasters) reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Fixmasters may terminate or suspend Customer’s right to use the Service at any time for any or no reason by providing the customer with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice. Even after customer’s right to use the Service is terminated or suspended, this Agreement will remain enforceable against Fixmasters customer.
Fixmasters customer may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Invalidity of one or more provisions:
The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms.
If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances according to the criteria of reasonableness and fairness, a provision shall apply between the parties instead that is acceptable considering all the circumstances and which corresponds with the provisions of the void part as much as possible, taking into account the content and the purpose of these User Terms.
Fixmasters expressly disclaims any liability beyond service contract value that may arise between the Service Providers and service receivers of its Service. Fixmasters.in is only an aggregator of service providers. Though we take utmost care in collecting information and background check of service providers still we may have missed out any information unknowingly and/or the Service Providers have not shared the correct and all information with us. Hence if any dispute arises with one or more Users, you release Fixmasters.in (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The customer acknowledges that Confidential Information (as herein after defined) is a valuable, special and unique asset of the Company and agree that the customer will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to his/her authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. The customer shall promptly notify Fixmasters.in in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. The customer shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. The term "Confidential Information" shall mean any and all of Company's trade secrets, confidential and proprietary information and all other information and data of Fixmasters.in that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Intellectual Property Rights (Trademarks and Copyrights):
- The Company is the sole owner and lawful licensee of all the rights to the web site, or any other digital media and its contents. The content means its design, layout, text, images, graphics, sounds, video, etc. the website or any other digital media content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All titles, ownership and intellectual property rights in the website and its content shall remain with the Company, its affiliates, agents, authorized representatives or licensor's as the case may be.
- All rights not otherwise claimed under this Terms and Conditions or by the Company are hereby reserved. The information contained in this website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
- The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this website, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
- All related icons and logos are registered trademarks or service marks or word marks of the Company in various jurisdictions and are protected under applicable copyrights, trademarks and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
- All the contents on this web site is copyright of the Company except the third party content and link to third party website on our website.
- You shall not
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;
- modify or make derivative works based upon the Application;
- create Internet "links" or "frame" or "mirror" any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Application, or
- copy any ideas, features, functions or graphics of the Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application.
- License for website access - Company grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Company and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
- This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company and / or its affiliates, as may be applicable.
- You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Company's or its affiliates' names or trademarks without the express written consent of Company and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Company and / or its affiliates, as applicable.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Company as long as the link does not portray Company, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written consent of Company and / or its affiliates, as may be applicable.
Disclaimer of Warranties
The Company and its affiliates and licensors cannot and do not guarantee that any personal information supplied by customer will not be misappropriated, intercepted, deleted, destroyed or used by others.
- This website (http://www.fixmasters.in ) is published and maintained by Fixmasters Technologies Pvt. Ltd., browsing or use of the facilities provided by this site constitutes a deemed acceptance, without limitation or qualification, of the terms and conditions as set forth herein below, by the user and constitutes an agreement between Company and the Customers.
- The Company strongly discourages any direct contact with our Service Provider or any call booked directly by the Customer with the Service Provider, as in such cases Fixmasters.in has no control on whatsoever situation or condition.
- We discourage any tips or reward to any of our Service Provider however if any Customer is doing so is completely based on their own will and decision.
- Fixmasters does not deal into any kind of material or spare parts. The Customer should buy the materials required, for carrying out the Services, on their own.
- The Service Provider is liable for any damage by him, in occurrence of any such event the Customer may lodge a complaint against the Service Provider, if the solution is resolved amicably.
- Fixmasters may decline to provide any service on National Holidays, Public Holidays, Government Holidays without any obligation to any customer or user.
- No independent contractor, agency, partnership, joint venture, employer-employee or franchiser- franchisee relationship is intended or created by this Agreement.
- Customers are requested to report/inform Fixmasters immediately for any misconduct or unsatisfied behavior of any of our Service Provider so that the company can take an action for improvement. However, if the misconduct is falling in the category of breach of law then Customer may deal with that as per the applicable laws directly with the Service Provider and the Company will not be responsible in such case.
- Also, in case any criminal act is committed by the Service Provider while providing Services, the Customer, at its own will can take direct action under the laws of country and also keep us informed on full details of the same. The company will not be party to any such action.
Modification of the Service and User Terms:
The company (Fixmasters.in) reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Fixmasters.in will not be liable to any party for any modification or discontinuance of the Service.
Excusable Delays (Force Majeure):
Fixmasters.in and its Service Provider shall not be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
Dispute Resolution and Governing Law
In the event of any dispute or difference between the Parties in respect of this Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties here to under this Agreement, the same shall be referred to arbitration by a sole arbitrator to be appointed by the Company and the arbitration shall be conducted in accordance with the provisions of Arbitration and Conciliation Act, 1996. Any award made in such arbitration will be final and binding on the parties. The arbitrator shall have the authority to order specific performance of this agreement.
All claims and disputes arising under this Terms and Conditions should be notified to the Service Provider or Company within 30 days from the service date after which no claim shall be entertained.
Acceptance by Fixmasters.in's customer
The materials and information available through this website are the property of Fixmasters.in and are protected by copyright, trademark, and other intellectual property laws.
You may view, copy and print pages from this website only
- for personal information only as pertains to products developed and marketed by Fixmasters provided that you maintain all copyright, trademark, and other proprietary rights or notices,
- as a personal shopping resource,
- and for any communication with Fixmasters relating to a product or service developed or provided Fixmasters . You may not otherwise use, reproduce, download, store, post, broadcast, transmit, modify sell or make available to the public content from the website without the prior written approval of Fixmasters.in. Any illegal use of materials and information available through this website or name, logo, design or mark shall be liable to penalized under intellectual property laws.
You may contact us as follows:
Email is: firstname.lastname@example.org
Registered Address: 15 Trade Field, 3rd Floor, Sanghvi Nagar, Aundh, Pune, Maharashtra 411007
Contact us on - +91-70300-70400