Terms and conditions of use

Definitions

“Company”, “MyFixers”, “my-fixers.com” (“us”, “we”, “our”, “ours”)	MyFixers Ltd, a company registered in England and Wales under company number 11548441;
“Business Day”	a day other than a Saturday, a Sunday or a public holiday in England and Wales;
“Customer”	any person who posts a Job on the Website;
“Delivery Driver”	a person used by MyFixers to collect devices from Customers to be taken to Fixers, and to return Customers’ devices to them from Fixers;
“Delivery Fee”	an additional fee for posting a Delivery Job;
Delivery Job”	a Job which requires the use of a Delivery Driver to drop off the Customer’s device to the Fixer in order for the Fixer to undertake a repair, and requires the Delivery Driver to pick up the Customer’s device from the Fixer once the repair is complete;
“Fixer”	any usiness which is registered on the Website in order to provide Quotes for Jobs posted by Customers;
“Gross Job Value”	the sum charged by the Fixer to the Customer in respect of a Job;
“Job”	details of any device repair posted by a Customer on the Website;
“Quote”	a quote provided for a Job;
“Self-service Job”	a Job which requires the Customer to drop off their device to the Fixer in order for the Fixer to undertake a repair, and requires the Customer to pick up their device from the Fixer once the repair is complete;
“User”	anyone making use of the MyFixers Website;
“Website”	the website www.myfixers.co.uk and all the pages, content and sub-domains contained therein.

Introduction

1. These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and MyFixers Ltd, the owner and operator of the Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
2. In these terms and conditions, unless the context means a different interpretation is needed, including means “including without limitation”.

Terms and conditions applicable to Customers

4. Paragraphs 4 to 23 of these terms and conditions of use set out the terms and conditions which are applicable to all Customers.

Registration

5. You must ensure that the details provided by you (including your name and email address) on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions. You may cancel your registration at any time by contacting us using the contact details below. Cancellation or suspension of your registration does not affect any statutory rights.
6. When you register on the Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.

Requesting a repair

6. You must ensure that you only post a Job if the relevant device requires work to be performed on it.
7. In the event that you post a Self-service Job and do not drop off the device that requires repair to the relevant Fixer within seven days of the Job being posted, we will be thereafter entitled to cancel the Job.
8. In the event that you post a Delivery Job and you do not cancel the Job in accordance with paragraphs 14 and 15 below, a Delivery Driver will:
   1. collect the device that requires repair from the address provided to us when you posted the Job; and
   2. return the device back to the same address as it was collected from, provided that:
   1. the Fixer has completed the requested work on the device; and
   2. you have made payment for the Job via the Website.
9. Once you have posted a Job, you will have the ability to communicate with the Fixer whose Quote you have accepted using the Website’s online messaging system. The content of any messages you post on the online messaging system must not:
   1. be fraudulent, dishonest, harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
   2. be infringing the intellectual property rights or any other rights of any third party;
   3. contain technically harmful material including computer viruses or any other harmful programmes.
10. Any Quotes listed are indicative and non-binding.
11. Upon receival of the device that requires repair, the Fixer may update you with a new quote (the “New Quote”) in the event that they believe the Quote provided was an inaccurate representation of the work required. You are not required to accept any New Quote but we highly recommend that you discuss any New Quote with the Fixer.
12. If you do not accept any New Quote offered to you within seven days of the Fixer providing the New Quote, we will be thereafter entitled to cancel the Job. In the event that we choose to cancel the Job, and the Job posted is a Delivery Job, your device will only be returned to you once you have made payment for the Delivery Fee via the Website.

Cancellation

13. You may cancel a Self-service Job provided that you have not dropped off the device that requires repair to the Fixer. Once you have dropped off the device to the Fixer, you will not be able to cancel the Job.
14. You may cancel a Delivery Job provided that the device that requires repair has not been collected from you by a Delivery Driver. Once the Delivery Driver has picked up the device, you will not be able to cancel the Job.
15. All Job cancellations made by you must be made on the Website by visiting the relevant Job page on your dashboard.

Payment

16. Payment for Delivery Jobs must only be made via the Website and must be made by an accepted credit card, debit card, or PayPal® account.
17. The Delivery Fee is only applicable for Delivery Jobs and details of the Delivery Fee will be shown to you before you confirm the Job.
18. In the event that you post a Delivery Job and the Job is not cancelled, the device will only be returned to you once you have made payment for the Job in accordance with paragraph 16 above.
19. Unless otherwise stated, all fees are quoted in Pounds Sterling.

Feedback

20. You are solely responsible for any feedback you provide in relation to any Fixer on the Website. The content of any feedback provided in relation to any Fixer must not:
    1. be fraudulent, dishonest, harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    2. be infringing the intellectual property rights or any other rights of any third party;
    3. contain technically harmful material including computer viruses or any other harmful programmes.
21. We are entitled to temporarily or permanently suspend your account on the Website in the event that we believe you to be in breach of paragraph 20 above.
22. We reserve the right to edit and/or delete any feedback which you post on the Website in the event that we believe it to be a breach of paragraph 20 above, and/or in the event that we consider it necessary to do so.

Liability

23. MyFixers will not under any circumstances have any liability to you for the performance of any work carried out by any Fixer.

Terms and conditions applicable to Fixers

24. Paragraphs 25 to 48 of these terms and conditions of use set out the terms and conditions which are applicable to all Fixers.

Registration

25. You must ensure that the details provided by you (including your business name, business address, and contact details) upon registration on the Website or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your details to ensure we can communicate with you effectively. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach any part of these Terms and Conditions. You may cancel your registration at any time by contacting us using the contact details below. Cancellation or suspension of your registration does not affect any statutory rights.
26. When you register on the Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
27. Any profile you create for use on the Website may contain an image which relates to your business. You must ensure that your profile and any image contained therein do not contain any contact details in relation to your business. The content of your profile and any images contained therein must not:
    1. be fraudulent, dishonest, harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    2. be infringing the intellectual property rights or any other rights of any third party;
    3. contain technically harmful material including computer viruses or any other harmful programmes.

Providing quotes

28. Following registration, you will have the ability to provide Quotes for Jobs.
29. In the event that your Quote is accepted by the Customer, you will have the ability to communicate with the Customer using the Website’s online messaging system. The content of any messages you post on the online messaging system must not:
    1. be fraudulent, dishonest, harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    2. be infringing the intellectual property rights or any other rights of any third party;
    3. contain technically harmful material including computer viruses or any other harmful programmes.
30. You may provide a Customer who has accepted your Quote you with a new quote (the “New Quote”), only in the event that you believe the Quote provided was an inaccurate representation of the work required. The Customer is not required to accept any New Quote but we highly recommend that you discuss any New Quote with the Customer. If the Customer does not accept a New Quote offered to them within seven days of you providing the New Quote, we will be thereafter entitled to cancel the Job.
31. You may provide a maximum of one (1) New Quote per Job.

Fees and payments

32. Subject to paragraph 42, in the event that your Quote is accepted by the Customer, you agree to pay us a commission for the Job (the “Service Fee”). Details of the Service Fee are displayed when a Customer accepts your Quote.
33. In the event that a Customer chooses to place a Delivery Job with you, we will receive payment from the Customer in respect of the Gross Job Value. We will hold the Gross Job Value, less the amount of the Service Fee, on your behalf until they are payable to you in accordance with paragraph 35 below.
34. In the event that you receive a minimum of one (1) Job in a single calendar month, we will provide you with a statement of your accounts with us (the “Statement”) on the first Business Day of the next calendar month. The Statement will contain:
    1. the aggregate Gross Job Value of all Jobs for the calendar month;
    2. any sums owed by you to us for the calendar month, such as amounts relating to Service Fees;
    3. any amounts paid or received by us since the previous Statement; and
    4. any balance brought forward from the previous Statement.
35. We will pay you any amounts we hold on your behalf, less any sums owed by you to us, within fourteen (14) days of us providing you with the relevant Statement.
36. In the event that any amount is owed by you to us according to any Statement, the Statement will act as our invoice to you, and the amount will be due on the date of the invoice, and payable by you within thirty (30) days.
37. We are entitled to set off any amounts owed to us by you against any amount owed to you by us at any time.
38. We reserve the right to treat any Statement as having been accepted if you do not provide us with a detailed explanation as to why you disagree with the Statement within seven (7) days of us providing you with the Statement.
39. Unless otherwise stated, all fees are quoted in Pounds Sterling.
40. You are solely responsible for paying and claiming all applicable taxes.

Cancellations

41. In the event that a Customer chooses to place a Self-service Job with you, you must update the relevant tracking system on the Website when the Customer drops off the device in order to notify us that you have received the device. If you do not do this within seven days of the Job being posted, or if the Customer does not drop off the device within seven days of the Job being posted, we will be thereafter entitled to cancel the Job.
42. In the event that a Job is cancelled in accordance with paragraphs 30 and/or 41, you are not required to pay the Service Fee for the relevant Job.
43. In the event that a Job is cancelled in accordance with paragraphs 30 and/or 41, and after we have provided you with the Statement for the period in which the Job was posted, we will deduct the relevant Service Fee from the sums owed by you to us in the following Statement.

General

44. You consent to us sending you marketing communications relating to our products or services. You may opt-out of receiving any marketing communications from us by contacting us using the contact details below.
45. You are solely responsible for complying with all applicable laws and regulations when dealing with Customers and when carrying out work for any Customer.
46. You will use the Website only for the purpose of your own business and must not use the Website in connection with any other business.
47. By registering on the Website and carrying out repairs for Customers, you agree that MyFixers accepts no liability for any of the following which may occur as a result from your use of the Website or work performed for any Customer:
    1. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any special, indirect or consequential loss or damage.
48. You agree to indemnify us against any charges, losses, damages or claims which may be levied against us by any Customer or any third party in connection with:
    1. any breach by you of these Terms and Conditions and/or any applicable laws, rules and regulations in force at the relevant time;
    2. any work which you undertake for any Customer.

Terms and conditions applicable to all Users

49. Paragraphs 50 to 66 of these terms and conditions of use set out terms and conditions which are applicable to all Users.

General

50. All content included on the Website (the “the Website Content”), unless uploaded by Users, is the property of MyFixers Ltd. Website Content includes any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website. By continuing to use the Website you acknowledge that such Website Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
51. You may, for your own personal, non-commercial use only, retrieve, display and view the Website Content on a computer screen.
52. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Website Content without the written permission of MyFixers Ltd.
53. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
    2. in any way which is fraudulent, harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. making, transmitting or storing electronic copies of the Website Content protected by copyright without the permission of MyFixers Ltd.
54. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of MyFixers Ltd or that of our affiliates. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
55. Use of the Website is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.
56. Whilst MyFixers Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
57. MyFixers Ltd accepts no liability for any disruption or non-availability of the Website.
58. MyFixers Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
59. Nothing in these terms and conditions will limit or exclude:
    1. our or your liability for death or personal injury resulting from our or your negligence, as applicable;
    2. our or your liability for fraud or fraudulent misrepresentation;
    3. any of our or your liabilities in any way that is not permitted under applicable law.
60. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
61. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
62. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
63. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
64. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
65. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
66. These terms and conditions shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the term and conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Attribution

67. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

MyFixers contact details

Email: [email protected]