The domain name www.callfixie.in, available on web portal and CallFixie App (as defined under the definition clause herein below), a mobile web application, (hereinafter CallFixie web portal and/or CallFixie App individually or jointly referred to as "Site") is owned by Tradesman Services (India) Private Limited, a company incorporated as per the Companies Act, 2013 having its registered office at Floor 3rd, Universal Business Park, Sector 66, Golf Course Extension Road, Gurgaon – 122001 (hereinafter referred to as "CallFixie").
By using Site, you agree to be bound by the following terms and conditions:
Terms and conditions are contractually binding
These terms and conditions are contractually binding and constitute the complete terms and conditions which govern your use of the Site and the Service.
Definitions and Interpretation
Legally Binding Agreement
- Code of Conductmeans CallFixie’s code of conduct which is available on the Site.
- CallFixie Appmeans the CallFixie mobile application supplied by us and downloaded and installed by you on your mobile device through which you may use the Site.
- Feemeans the amount that is mutually agreed between User and Tradesman with regards to the Tradesman Services availed by the User by posting Service on the Site.
- Servicemeans the service requirement of a User which is posted on the Site.
- Service Referralmeans notification to the Tradesman by CallFixie pertaining to posting of a Service or Service(s) by the User on the Site.
- Tradesman / Service Provider means any legal person who accesses or uses the Site and who register itself on the Site and agrees to provide services to User of Site.
- Tradesman Servicesmeans providing of services by a Tradesman to a User in order to complete a Service.
You acknowledge and agree that your access to, and use of, this Site is on an 'as available' basis. CallFixie does not warrant, in effect, its availability and is in no way liable for your failure to access and otherwise use this Site.
These Terms explain our obligations to you, and your obligations to us, in any transactions you make via this Site.
Services, Cookies and CallFixie’s Role
- Services: CallFixie is an online web and mobile application which connects User, who require the Tradesman Services. CallFixie facilitates a User to register itself on the Site and connects it with the Tradesman to avail Tradesman Services for a Service when the User posts its service requirement on the Site.
- CallFixie’s role: User acknowledges and agrees that CallFixie’s role is as a neutral facilitator only and it is not a party or directly involved in the transactions between User(s) and Tradesman and will not be involved in or a party to any agreement, contract or arrangement between the User and any Tradesman regarding any Service.
Service Posting Notification
- The User shall be required to provide necessary data, information and proof of documents to register itself on the Site (“Registration”). Upon successful Registration to the satisfaction of CallFixie, the User will be issued by CallFixie an identification number and password to use and access the Site. The User agrees that CallFixie shall be entitled to assume that any person using the Site with the User's identification number (“User Account”) and/or password is the User or its authorised representative.
In order to Register and open an "User Account" with CallFixie, You must
- provide a valid email address, and
- provide any other information required by CallFixie during the Registration process.
- One User shall not maintain more than one User Account without the prior written consent of CallFixie. User Account registered by "bots" or other automated methods are not permitted.
- The entire process of Registration including creation of User Account and generation of password may take up to fourteen (14) working days to be processed and approved.
Relationship with Tradesman and User
- If the User posts a Service that appears on the Site, CallFixie may, in its discretion choose to notify or not notify the Service posting by User to any Tradesman.
- Without prejudice to the fact that whether or not a particular Tradesman has been notified pertaining to a particular Service posting by CallFixie, the User is not permitted to individually pursue any Service directly with any Tradesman of its choice. If any Tradesman is contacted directly by an User in relation to a new Service, CallFixie will have all right to refuse to make available Tradesmen Services to User and debar User from doing any transaction in the future by using the Site.
- If any Tradesman's contact details provided to the User by CallFixie are incomplete or inaccurate and does not enable the User to contact the Tradesman, the User must notify the same to CallFixie within twenty-four (24) hours of discovering this. Upon receipt of such notification, CallFixie will use its reasonable endeavor to confirm the accuracy of the relevant Tradesman's contact details and provide revised contact details to User.
Fees, Charges and Payment
- The User acknowledges and agrees that details of performing the Service and the terms and conditions including warranties, indemnities and guarantees of any agreement relating to the Service are to be determined solely between the User and the Tradesman and CallFixie performs no role in this process and accepts no liability in this respect.
- The User acknowledges and agrees that CallFixie: (i) is a neutral facilitator and is not in any manner directly involved in any dealing in relation to a particular Service which User may decide to enter into with a Tradesman; and (ii) shall not be liable in any manner for any direct or indirect loss or damage incurred as the result of any such dealing.
The User agrees that Tradesman shall charge the Fee to User for providing agreed Tradesman Services and the User shall be liable to pay:
- Fee or any amount that is agreed between User and Tradesman with regards to the Tradesman Services availed by the User by posting Service on the Site;
- Any other fees applicable to any new services that the User avails through the Tradesman.
- The Fee and all other charges are exclusive of all federal, state, or other governmental sales, good and services, as well as charges or fees enacted in the future. The User shall be liable to pay Goods and Services Tax (“GST”) and any other applicable tax or statutory levies on the amount of Fee at the prevailing statutory rate.
The User agrees that CallFixie's records (including records of SMS messages sent by or on its behalf) shall be conclusive evidence of CallFixie's transmission and User’s receipt of notifications.
You acknowledge and agree that your use of this Site is as 'made available' basis only and may only be available during planned and unplanned outages. CallFixie makes no representation and gives no warranty that the alternate login services provided via the Site will meet your requirements, be uninterrupted, timely or error-free.
The User warrants to and agrees with CallFixie that:
License to use Site / CallFixie App
- All information (including but not limited to that set out in the application for Registration (registration form) including information relating to User’s is true and correct in every respect and will be updated by the User if and when it materially changes till the period User’s Registration is active with the Site;
- All information provided by the User to CallFixie will not infringe intellectual property rights of any third party and will not be false, inaccurate or misleading, abusive, vulgar, hateful, harassing, obscene, threatening, defamatory or violate any applicable law or regulation;
- It will not impersonate or misrepresent any endorsement by or affiliation with any person or entity;
- It will not engage in misleading or deceptive marketing practices over the Site;
- It will not release to the public any news release, advertising material, promotional material or any other form of publicity or information on the Site without CallFixie 's prior written approval;
- CallFixie and/or its licensors own any and all intellectual property rights in the Site including any and all materials, information and contents on the Site. Subject to the license below, all these intellectual property rights are reserved and exclusive property of CallFixie and/or its licensor.
You must not:
- republish material from this Site (including republication on another website);
- sell, rent or sub-license material from the Site;
- show any material from the Site in public;
- reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose;
- edit or otherwise modify any material on the Site; or
- redistribute material from this Site except for content specifically and expressly made available for redistribution.
Provided that where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable Use of the Site
- You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without CallFixie’s express written consent.
- You must not use this Site to transmit or send unsolicited commercial communications.
- You must not use this Site for any purposes related to marketing without CallFixie’s express written consent.
Limitations of Liability
- You grant to CallFixie a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate and distribute User Content in any existing or future media. You also grant to CallFixie the right to sub-license these rights, and the right to bring an action for infringement of these rights.
- The User Content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or CallFixie or a third party (in each case under any applicable law).
- You must not submit any of the User Content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint or action.
- CallFixie reserves the right to edit or remove any material submitted to this Site, or stored on CallFixie’s servers, or hosted or published upon this Site.
- Notwithstanding CallFixie’s rights under these terms and conditions in relation to the User Content, CallFixie does not undertake to monitor the submission of such content to, or the publication of such content on, this Site.
- to the extent that the Site is provided free-of-charge, for any direct loss;
- any indirect, special or consequential loss; or
- any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability shall apply even if CallFixie has been expressly advised of the potential loss.
- Subject to Clause 1 and 2 hereinabove, under any circumstances, CallFixie’s aggregate liability, irrespective of the nature of the claim, shall not exceed the amount paid by the User to a Tradesman for performance of Tradesman Services regarding a particular Service.
- By using this Site, you agree that the exclusions and limitations of liability set out in this Site disclaimer are reasonable.
- If you do not think they are reasonable, you must not use this Site.
- You accept that, as a limited liability entity, CallFixie has an interest in limiting the personal liability of its officers and employees. You agree that You will not bring any claim personally against CallFixie’s officers or employees in respect of any losses you suffer arising in connection with the usage of this Site.
If any provision of this Site disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Site disclaimer.
You hereby agree to indemnify and hold harmless CallFixie and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents and undertake to keep CallFixie and its subsidiaries, affiliates, officers, directors, shareholders, employees and agents indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by CallFixie to a third party in settlement of a claim or dispute on the advice of CallFixie’s legal advisers) incurred or suffered by CallFixie arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Law and Jurisdiction
User agrees and acknowledges that in the event of any dispute between a User and Tradesman, User shall abide by the CallFixie’s Dispute Resolution Policy, provided on the Site and update from time to time.
- The holding entity of Site, www.callfixie.in, is Tradesman Services (India) Private Limited, registered in accordance with the Companies Act, 2013 of India and having registered office at Floor 3 & 4, Universal Business Park, Sector 66, Golf Course Extension Road, Gurgaon – 122001.
- You can contact CallFixie by email firstname.lastname@example.org or by calling on TBC.