Terms & Conditions

www.fixodo.com, the mobile application, "Fixodo App" and any other online resources under the name Fixodo® (collectively referred to as the "Website"), are that which are owned, maintained and operated by Fixodo Solutions Private Limited ("Fixodo"). This Terms of Use (the "Terms") shall govern any person browsing the Website in any manner or availing any of the Services offered by Fixodo (the "User"). These Terms shall constitute a valid and binding agreement on You regardless of whether You use the Website to avail any Services or if You are only a visitor to the Website. Fixodo is a platform which acts as a meeting place for Users and Service Providers (hereinafter defined) and the services offered by the Service Providers are not that belonging to, offered by or monitored by Fixodo and the User's shall be availing the same at their sole option and risk. Users should read through and understand these terms prior to browsing or availing any of the Services offered by Fixodo and any claims of lack of understanding or awareness, at any time, shall not be entertained. In the event that You do not agree to these Terms You are requested to cease accessing the Website or availing the Services in any manner. Any User accessing the Website or availing the Services on behalf of any other entity shall ensure that they have all necessary rights and authority to represent such an entity and bind the entity to these Terms. Users not having the necessary rights to represent or bind an entity shall not take any actions on behalf of such entity. These Terms shall also govern the access and use of the Website or the Services by any of the User's representatives, agents, subsidiaries, employees and guardians. The Website is intended for use only by such persons who have attained 18 (Eighteen) years of age or more. Although Fixodo may not be able to verify the User's age, Fixodo discourages the use of the Website or the Services by any minor. Minors may only access the Website and avail the Services under the guidance and supervision of a guardian. Fixodo shall not be liable for any loss or damages caused to any person due to the use of the Website or the Services by any minor and such minor's guardian shall be liable for the same. These Terms along with any other Website policy implemented by Fixodo at any time shall be in accordance with all applicable laws and shall be considered as an electronic document as per the provisions of the Information Technology Act, 2000 and its amendments. Users shall be agreeing to be bound by these Terms by accessing the Website or availing the Services in any manner and these Terms do not require the User's signature. By accessing the Website or availing the Services in any manner You further represent and warrant that You have the capacity to enter into and execute a valid and binding agreement and that You are not barred from entering into a contract under any law in force within the Territory. All references to 'You' or 'Your' shall mean such User who has accessed the Website and/or availed the Services in any manner.

1. DEFINITIONS
1.1 "Confidential Information" shall mean any and all trade secrets or other information which is deemed confidential or commercially sensitive and which is not in the public domain (other than through the wrongful disclosure by the User) and which belongs to any associates or representatives of Fixodo (whether stored or recorded in documentary or electronic form) and which (without limitation) relates to the proprietary information relating to the development, utility, operation, general or specific data, functionality, performance, cost, know-how, details of present and proposed businesses, formulas, ideas, strategies, techniques, policy, data related to employees, present or proposed vendors/customers, information regarding research and development, unpublished financial statements, budgets and other financial details, computer programming techniques, methodologies and related technical information, business or marketing plans, forecasts, licenses, prices or lists, quotes, bids, controls, operating procedures, organisation responsibilities, marketing matters and any or procedures, software programs and files, operating manuals, user manuals documentation, source code and any and all information pertaining to Fixodo's application or software of any of its associates, subsidiaries or representatives.
1.2 "Force Majeure" shall mean any event beyond the Fixodo's control which shall prevent Fixodo from performing any of its requirements or obligations including but not limited to any Act of God, war, riot, civil disobedience, strikes, blackouts or natural calamities.
1.3 Intellectual Property" shall mean collectively or individually, the following worldwide rights relating to intangible property, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in- part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, or trade dress; (iv) rights relating to the protection of trade secrets and Confidential Information; and (v) internet domain names, internet and world wide web URLs or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
1.4 "Party" shall mean either Fixodo or the User as the context may suggest and Fixodo and the Users may be collectively referred to as the Parties.
1.5 "Services" shall mean such services provided by Fixodo through the Website including but not limited to the listing of Service Providers and enablement of Users to meet and avail the services offered by the Service Providers.
1.6 "Service Provider" shall mean such persons including professionals from diverse fields whom Fixodo may engage so as to provide Users with services including but not limited to household, repair, maintenance, laundry, photography, event planning and cleaning services.
1.7 "Territory" shall mean the territory of India and such other places as may be notified by Fixodo from time to time. 1.8 "User Account" shall mean the account created by Users on the Website in order to avail the Services.
2. ACCESSING AND USING THE WEBSITE
2.1 Users may access and use the Website and the Services only in compliance with these Terms, the Privacy Policies and other policies implemented by Fixodo from time to time (collectively referred to as the "Website Policies") as well as with any law in force for the time being.
2.2 The Services are intended for the User's sole and non-commercial use and Users are hereby restricted from copying, modifying, selling, leasing, renting, duplicating, reverse engineering, disseminating, disassembling or offering for sale the Website or the Services in any manner.
2.3 By registering Yourself on the Website and creating an User Account, which shall include downloading and installing the mobile application, Fixodo grants in Your favour a limited, non-exclusive and revocable license to use the Website and the Services in the manner set forth herein. Such license shall terminate, effective immediately, once You or Fixodo terminates or suspends Your User Account.
2.4 You shall require a working Internet connection to access and use the Website and Services and such Internet connection shall have to be paid for and maintained by You. In case the access and use of the Website requires You to install any additional software or obtain any hardware, You shall be required to obtain the same in order to use the Website and the Services.
2.5 Fixodo shall only provide Users with the Service Provider's contact details and does not provide any call or message functionality. Users shall have to bear such costs charged by their respective mobile service providers while contacting calling or messaging the Service Provider.
2.6 Users hereby accept and agree that all of the information and Services made available by Fixodo are done on an 'as is' basis without any representations or warranties of any manner. Users further agree that the services of the Service Providers are also provided 'as is' directly from such Service Provides offering the same and Fixodo does not modify such services and the respective Service Provider shall be solely liable for all loss or damages arising due to the rendering of such services.
2.7 Fixodo reserves the right to modify, change or stop the rendering of any or all of the Services with or without any prior notice. This shall include changing domain names, prices contact details and addresses.
2.8 The Services are only offered for Users located within the Territory and any user availing the Services from anywhere outside the Territory shall be doing so at their sole option and risk and Fixodo shall not be responsible for any non-availability anywhere outside the Territory. Users availing the Services from beyond the Territory shall ensure that they are in compliance with all applicable laws within their respective jurisdiction.
3. ACCOUNTS AND REGISTRATION
3.1 As mentioned earlier, the Services are only offered to such Users who have registered themselves on the Website and created a respective User Account. You may browse the Website without having to register or create an account. However, only limited features and functionality may be available to such Users which shall not include access to the Services.
3.2 You shall be required to register and create a User Account by providing true, accurate, complete, up to date and relevant information wherever prompted for by the Website. Users shall be responsible in ensuring that such information is kept up to date, correct and relevant at all times.
3.3 In the event any User submits any information that is untrue, incorrect, inaccurate, misleading or if Fixodo has reasonable grounds to suspect the same, Fixodo may without any prior notice and effective immediately terminate Your respective User Account.
3.4 Users shall be required to submit their respective valid phone number and E-mail ID at the time of registration along with other information as specified on the registration page. By submitting Your phone number and E-mail ID You hereby consent to receiving frequent communications in the form of calls, SMS and E-mails. You may at any time opt out from receiving the same, however, You may still continue to receive communications if the same is considered to be relevant by Fixodo.
3.5 Certain information submitted by You to Fixodo may be displayed publicly on the User profile created as a result of registering with Fixodo. Such information may be viewable to others browsing the Website.
3.6 Once You have created a User Account You shall be solely responsible in ensuring the security of the same. All User Accounts are intended for use only by a single User and Fixodo hereby restricts the sharing of User Accounts and log-in credentials. You are requested to ensure that You do not share Your password and other log-in credentials with any other person.
3.7 You shall be solely liable for any and all actions taken through You account.
3.8 By creating a User Account, You grant in favour of Fixodo a right to monitor Your account to check for compliance with these Terms. However, this shall not place any obligation on Fixodo to monitor any User Account.
3.9 You shall not access or attempt to access the account of any other User.
4. RESTRICTIONS
4.1 By accessing, browsing, or using the Website or the Services You are hereby expressly restricted from all of the following: 4.1.1 Using the Website or the Services contrary to these Terms or in violation of any applicable laws. 4.1.2 Modify, alter or attempt to modify or alter the whole or any part of the Website or the Services. 4.1.3 Remove any information, content, trademarks, logos or other proprietary content from anywhere within the Website or the Services. 4.1.4 Copy, duplicate, reproduce, sell, offer for sale, disassemble, reverse engineer, disseminate, lease or rent the Website or the Services or any part thereof or the features or functionality of the same. 4.1.5 Restricting any other person's access to the Website or the Services. 4.1.6 Use the Website or the Services in order to promote or facilitate any activity that is or may be construed as unlawful, immoral or against public policy. 4.1.7 Impersonate any other person. 4.1.8 Disguise or mask the origin of any communications. 4.1.9 Access or avail the Services through any means other than through the Website. 4.1.10 To market, advertise or promote any products or services other than with the written consent of Fixodo. 4.1.11 To send communications pertaining to any schemes, offers or games. 4.1.12 Harass, threaten, intimidate or stalk any other person. 4.1.13 Register on the Website and/or create an account for any person other than Yourself. 4.1.14 Use any information that may be construed as personal information, sensitive or confidential information obtained from the Website or made known to You through the Website for any unlawful purpose or for Your personal commercial use. 4.1.15 Perform or participate in any activity that may harm any person or entity or may harm any person's or entity's repute. 4.1.16 Use any of the information made known to You to start or join a competing business. 4.1.17 Providing any false or misleading information to Fixodo. 4.1.18 Attempt to hack or gain unauthorised access to the Website or the Services including circumventing or attempting to circumvent any of the security measures kept in place and/or maintained by Fixodo. 4.1.19 Track or attempt to track the performance or availability of any of the Services for any competitive or monetization purpose. 4.1.20 Collect and store information pertaining to any other person or track the usage of any other User. 4.1.21 Use the Website or the Services to send any unsolicited communications to any person or any communications containing any information or content enumerated in
4.2 Users are further restricted from posting, transmitting, making public, displaying, submitting, uploading any information, material or content, anywhere on the Website, that is or may be construed as or contains anything: 4.2.1 Harmful, hurtful, discriminatory slanderous, defamatory, derogatory or unlawful. 4.2.2 Obscene, pornographic, vile, improper, vulgar. 4.2.3 Fraudulent, misleading, incorrect, untruthful. 4.2.4 Trojans, viruses, key stroke loggers or other similar malicious software codes or programs. 4.2.5 Over which You do not possess necessary rights, licenses or title.
5. FEE
5.1 Fixodo does not charge any fees to any User for registering or creating an account on the Website. Users shall be required to pay only in order to avail any of the Services offered on the Website. Payments shall have to be made in advance either directly on/through the Website or at the time of availing the Services by making the necessary payment to the Service Provider.
5.2 Fixodo reserves a right to introduce a fee or change any of the present fees for Users at any time in the future. Fixodo may, at its discretion, provide a notice prior to introducing or implementing any fees and such notice shall be available on the Website.
5.3 You hereby agree to pay any fee that Fixodo may introduce in order to avail the Services.
5.4 In case of any non-payment by the User, Fixodo reserves the right to terminate or suspend the User's account while an inquiry is conducted into the matter. Fixodo further reserves the right to initiate appropriate legal action against such Users. In the event that legal action is initiated and an award or judgement is received against the User, such User shall be responsible in bearing all legal costs of both Parties.
5.5 Payments shall be made by way of credit/debit card, net banking or such other means as notified by Fixodo and Users shall be required to provide necessary details to effectuate the payments. Such details may be stored by Fixodo in order to process and verify payments and You hereby grant in favour of Fixodo and its payment partners a right to continue storing and billing the User's payment method for any Services availed regardless of whether such details have expired or changed.
5.6 You shall be required to keep all details regarding Your preferred payment method up to date, accurate and correct.
5.7 None of the fee paid by any User shall be refundable. Fixodoreserves the right to make refunds in certain circumstances at its sole discretion.
5.8 You shall be solely required to ensure Your tax and legal compliance regarding all payments.
6. USER CONTENT
6.1 Any and all information, content, material submitted, transmitted, published, posted, uploaded, displayed or distributed by any User anywhere on the Website shall be treated as User Content.
6.2 All User Content shall have to be in conformity with these Terms as well as with all applicable laws.
6.3 Users shall be solely responsible for all User Content displayed or submitted anywhere on the Website and under no circumstances shall the same be construed as that which is endorsed or supported by Fixodo.
6.4 Users are required to ensure that they have all necessary rights, title and licenses over all User Content and that the same does not violate the rights of any third party.
6.5 Fixodo may collect, record and store all User Content for such period as it may deem fit and Users hereby consent to the same. Fixodo may also monitor any User Content and the Users consent to such monitoring. However, Fixodo shall not be under any obligation to monitor any User Content.
6.6 Fixodo shall not have any obligation to maintain the confidentiality of any information that is displayed, posted or transmitted in any place on the Website that may be accessed by other Users.
6.7 You shall retain all rights over Your respective User Content. However, by submitting any User Content to Fixodo You grant in favour of Fixodo a worldwide, royalty free right to use, incorporate, publish, distribute, sell, monetize, rent, lease such User Content. Such right shall survive the termination of the User's account.
6.8 Fixodo values all feedback sent in by Users. However, Users are advised against sending us any ideas or suggestions regarding the Website or the Services. In the event any User sends any ideas or suggestions to Fixodo, such User shall grant in favour of Fixodo a worldwide, royalty free right to use, incorporate, publish, distribute, sell, monetize, commercially exploit, rent, lease such ideas and suggestions.
. 6.9 Fixodo may analyse any and all User Content so as to provide Users with relevant content including advertisements.
7. ADVERTISEMENTS AND THIRD PARTY CONTENT
7.1 Fixodo reserves the right to allow third parties to post advertisements and other content including information in certain designated areas of the Website. All such advertisements and information shall be provided 'as is' without any representations and Users may follow or rely on the same at their sole option and risk.
7.2 All such advertisements and information shall be that provided by and maintained by third parties and Fixodo shall not be liable for any loss caused to any person due to such advertisements or information or by following any advertisement or link present on the Website.
7.3 Advertisements present on the Website may, if clicked upon, redirect Users onto a third party website having a terms of use and privacy policy of its own and Users are requested to follow the same with caution.
7.4 In the event that any User transacts via any advertisement or link present on the Website, such Users understand and accept the Fixodo shall not be a party to such a transaction and shall not be liable for any resulting loss or damage.
8. CONFIDENTIAL INFORMATION
8.1 Users shall treat all information obtained from or made known by Fixodo as confidential with the highest degree of care and Users shall not use or disclose the same under any circumstances unless with Fixodo's written consent.
8.2 Fixodo shall collect and store certain information including personal information pertaining to Users in accordance with the Privacy Policy.
8.3 All Users consent to the collection of certain User information including personally identifiable information for the purposes of rendering the Services. Users further consent to the disclosure of such information for such purposes as may be determined by Fixodo.
8.4 Fixodo shall have no duty of confidentiality over the following information: 8.4.1 Any information that is existing in the public domain; 8.4.2 Any information made public due to no fault of Fixodo; 8.4.3 Any information required to be disclosed in compliance with any law, order or direction; 8.4.4 Any information that Fixodo may disclose in order to protect other Users or its employees, agents, subsidiaries and Service Providers.
8.5 Any unauthorised use or disclosure of any Confidential Information shall entitle Fixodo to seek appropriate remedies including injunctive relief in addition to any other rights under law or under these Terms.
9. INTELLECTUAL PROPERTY
9.1 Any and all Intellectual Property present anywhere on the Website including in any software made available by Fixodo shall be that belonging to Fixodo or otherwise duly licensed and Users shall not use the same unless with the express consent from Fixodo.
9.2 Users shall not disassemble, reverse engineer, disseminate or seek the source code of any such abovementioned Intellectual Property.
9.3 Any copyrighted material including any videos, text, graphics or audio shall be that belonging solely to Fixodo and Users are restricted from using, copying or modifying the same.
9.4 All Intellectual Property discovered, developed or improved upon by any User by using or incorporating any Intellectual property or Confidential Information belonging to Fixodo shall be that belonging solely to Fixodo and Users shall assign in favour of Fixodo any and all rights held by them over the same and shall ensure that its employees, agents and subsidiaries do the same.
9.5 Certain information displayed on the Website shall be that belonging to third parties and Fixodo makes no claim over the same.
9.6 In the event that any User suspects any infringement they may notify the same to Fixodo and Fixodo may take such action as it deems fit or may refrain from taking any action.
9.7 Any rights that have not been specifically granted herein shall not be considered to have been granted.
9.8 Fixodo reserves the right to take appropriate action against any person infringing or making any unauthorised use of Fixodo's Intellectual Property.
10. INDEMNITY AND LIABILITY
10.1 Users shall indemnify and/or hold Fixodo harmless from and against all loss, damages, costs, claims, suits or actions arising due to their actions or omissions including the infringement or violation of any third party rights or any applicable laws.
10.2 Fixodo shall not be liable in the event that the whole or any part of the Website or the Services is unavailable due to any reason. Fixodo reserves the right to suspend a User's access to the Website or the Services for any or no reason including for any planned or unscheduled maintenance.
10.3 Users agree and accept that Fixodo shall not be liable for any loss or damage including injury or death that may be caused to any person due to the actions or omissions of any Service Provider and that the same shall be the liability of the Service Provider.
10.4 Users further accept and agree that under no circumstances shall Fixodo be liable for any loss including any loss of business, loss of profits, loss of opportunity or loss of goodwill caused to any person, including those arising out of these Terms or in tort (including negligence) regardless of whether Fixodo has been advised of the possibility of the same.
10.5 The maximum extent of Fixodo's liability, if any, under these Terms shall be limited to such fee paid by Users to Fixodo.
10.6 Neither shall Fixodo be liable for any loss or damages caused to any person's system or device due to any reason or for any loss or damage caused to any person due to any Force Majeure event.
10.7 None of the Services offered by Fixodo or by any Service Provider on the Website are intended to be used in the event of an emergency and Users should seek appropriate medical or emergency services.
10.8 In the event any Service Provider fails to render any services or renders the Services in an improper manner, the same shall be the sole liability of such Service Provider and Fixodo shall not be held liable in any manner.
11. REPRESENTATIONS AND WARRANTIES
11.1 USERS HEREBY REPRESENT AND WARRANT THAT THEY HAVE PROVIDED ONLY TRUE, ACCURATE, COMPLETE AND UP TO DATE INFORMATION WHEREVER PROMPTED FOR BY FIXODO.
11.2 USERS FURTHER REPRESENT AND WARRANT THAT THEY HAVE ALL NECESSARY RIGHTS TO ENTER INTO THESE TERMS AND IN THE EVENT THAT THEY ARE ENTERING INTO THESE TERMS ON BEHALF OF ANY ENTITY THEY HAVE NECESSARY RIGHTS TO BIND SUCH ENTITY TO THESE TERMS.
11.3 FIXODO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY MANNER REGARDING THE WEBSITE, THE SERVICES OR ANY SERVICE PROVIDER. ALL OF THE SERVICES ARE OFFERED 'AS IS' AND FIXODO HEREBY EXCLUDES ALL REPRESENTATIONS AND WARRANTIES PERMITTED UNDER LAW.
11.4 NEITHER DOES FIXODO MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE MERCHANTABILITY, FITNESS, ACCURACY OR COMPATIBILITY OF ANY OF THE SERVICES.
12. TERM AND TERMINATION
12.1 These Terms shall be binding upon the User from the time that they visit or browse the Website or avail any of the Services.
12.2 Fixodo may terminate or suspend any User's account for any or no reason with or without any prior notice.
12.3 Users may also terminate their respective accounts either temporarily or permanently.
12.4 Any information provided by Users including any User Content may be continued to be stored indefinitely with Fixodo after the termination or suspension of any User Account.
12.5 Any rights granted to the Users with regard to the Website or the Services shall cease on the termination of their respective User Account and Users shall cease all further use of the Website and the Services.
12.6 The obligations of the User with regard to Confidential Information, Intellectual Property and Indemnity shall survive the termination of their User Accounts.
12.7 Fixodo shall continue to enjoy any rights over any ideas or suggestions submitted by Users even after the termination of their respective User Account.
13. NON-COMPETE AND NON-SOLICITATION
13.1 Users shall not use any of the information made known to them by Fixodo or through the Website for any competitive purposes including for starting or being engaged in any business that competes with Fixodo in any manner.
13.2 Users shall not solicit any of Fixodo's Service Providers in any manner.
14. CONTACT
14.1 Users may contact Fixodo for any reason by writing to support@fixodo.com
15. MODIFICATIONS
15.1 Fixodo reserves the right to modify the whole or any part of the Website or the Services without any prior notice.
15.2 Fixodo further reserves the right to modify the whole or any part of these Terms at any time and without any prior notice. The revised Terms shall become effective on such date it is made available on the Website. Any use of the Website or the Services by a User after the revised Terms have been effectuated shall be construed as such User's acceptance of the revised Terms.
16. SEVERABILITY
16.1 In the event that any portion of these Terms are found to be unlawful, invalid or unenforceable the same shall be replaced with a provision that most closely reflects Fixodo's intention while remaining lawful, valid and enforceable. Provided the rights of any parties are not adversely affected.
17. ENTIRETY
17.1 These Terms along with the Website Policies shall constitute the entire agreement and understanding between Users and Fixodo and shall supersede any and all other agreements or understandings with regard to the subject matter contained herein.
18. WAIVER
18.1 Any inaction on Fixodo's part in taking any action against any User for any matter shall not be construed as a waiver of Fixodo's right and shall not restrict Fixodo from taking any action at any time.
19. GOVERNING LAW AND JURISDICTION
19.1 These Terms and any claims or disputes arising from these Terms shall be governed by the laws of India and the courts at Tamil Nadu shall have exclusive jurisdiction over any claims or disputes arising out of these Terms or any other Website Policies.