The services of FIXIT are made available to you on the condition that you accept, without modification, the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions").
Your use of this website, the Mobile App, or the submission of service requests via telephone, laptop, or desktop constitutes your agreement to all such terms, conditions, and notices in effect at such time.
Individuals and/or businesses seeking services are herein referred to as “Users,” while individuals and/or businesses who can provide such services are herein referred to as "Providers. The services being provided by Providers to Users are herein referred to as “Third-Party Services."
These Terms and Conditions apply to any Services or properties, such as websites or apps, owned and operated by FIXIT and collectively referred to herein as "FIXIT," on which a link to these Terms and Conditions appears. If you have any questions regarding these Terms and Conditions, you may contact us at [email protected]. We may amend these Terms and Conditions at any time by posting a revised version of them. These Terms & Conditions were last updated on ________.
1. User Eligibility
The user understands and agrees that the system is only available to persons over the age of 18. The user represents and warrants that he/she is 18 years old or over, except when specified otherwise.
2. FIXIT’s Role
This online serviceplace operates as both a finder and a facilitator, seeking to match the needs of Users with Providers. FIXIT is a neutral facilitator, and the User acknowledges and agrees that it is not directly involved in the transactions between Users and Providers that are outside of what FIXIT provides.
3. Feedback Feature of Site
3.1 The User acknowledges and agrees that FIXIT operates a user feedback system on which the User may post comments, compliments, criticisms, and other observations regarding Providers on the Site that are honest, fair, and reasonable and that can be substantiated.
3.2 The User acknowledges and agrees that any information or material submitted by it to the Site for inclusion in the feedback system is and will be treated as non-confidential and non-proprietary by FIXIT, and that it may use such material without restriction except where otherwise specified.
3.3 The user must not post or transmit any material on the Site that is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing, or otherwise reasonably objectionable.
3.4 The user agrees not to disrupt the flow of dialogue or otherwise act in a manner that negatively affects other users of the Site.
3.5 The user agrees not to impersonate any other person when posting material to the Site.
3.6 The user acknowledges that any material it posts to the Site may be removed by FIXIT from the Site without notice at any time.
3.7 FIXIT makes no representation to the user that it or the Providers will respond immediately to questions or comments submitted by the user to the Site.
4. User Warranties
4.1 Without limiting clause 3, the user agrees that he or she will:
A. not use the Site for illegal purposes including without limitation by posting to the Site information encouraging conduct that would constitute a criminal offence;
B. not use any feature of the Site to send unsolicited commercial emails to Users, whether individually or as a group;
C. not copy, translate, reproduce, communicate to the public, adapt, vary or modify anything on the Site without FIXIT’s prior written consent;
D. not use anything on this Site for or in connection with any business or enterprise (whether for profit or otherwise) and in particular in any enterprise of a service which is in competition with FIXIT;
E. not post to the Site or otherwise propagate material of any kind which contains computer worms, viruses or other types of malicious or harmful programs;
F. not take any action that imposes an unreasonable or disproportionately large load on FIXIT’s infrastructure;
G. not damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to FIXIT or do anything that compromises the security of the Site;
H. not use the Site to engage in misleading or deceptive on-line marketing practices;
I. not use the Site to transmit junk mail, spam, chain letters, or engage in other flooding techniques or mass distribution of unsolicited email; or
J. provides FIXIT with complete and accurate contact details when using the System enabling Providers to contact User as requested.
5. FIXIT’s Reservation of Rights
5.1 FIXIT reserves the right to:
A. remove or refuse to post any information and/or materials (in whole or in part) that it, in its sole and absolute discretion, regards in any way objectionable or in violation of any applicable law or this Agreement without notice to User; and
B. modify or discontinue any services FIXIT offers at any time without notice or liability to the User.
6. Intellectual Property
6.1 All intellectual property rights in information, data, and materials used or appearing on the Site including (without limitation) all software, tools, know-how, equipment, or processes, trademarks, logos, and other materials, shall remain the sole and exclusive property of Artisan Oga or its licensors. The user acknowledges and agrees that he/she shall not acquire any rights, titles, or interests in or to any of FIXIT’s intellectual property rights.
6.2 To the extent that the User submits any information or material to FIXIT relating to services provided by FIXIT or for otherwise posting on the Site, the User automatically grants FIXIT a license to use the information or material for the purpose for which it is provided.
7. Disclaimer and Acknowledgments
7.1 FIXIT provides the System and Provider details on an ‘as is’ basis and without any warranty, express, implied, or statutory, as to the quality, efficacy, reliability, or any other attribute or characteristic of any Provider.
7.2 To the fullest extent legally possible, it excludes any representation or warranty concerning the System, the Site or any third party Site referred to or connected via the Site.
7.3 Without limiting the foregoing, User acknowledges that:
a. FIXIT does not check the truth or currency of the material or information that Providers provide or make available to it;
b. FIXIT does not control, endorse, approve, or warrant to the User the merchantability or fitness for any particular purpose of any of the goods or services of third parties (including Providers) referred to at the Site or whose identities become known to User as a result of using the System or otherwise;
c. FIXIT does not warrant to the User that anything on the Site or any third-party Site referred to or connected via the Site is accurate, complete or up to date and makes no performance warranty whatsoever concerning anything on or implied from them;
d. User should satisfy itself through its own inquiries as to the condition or suitability of any Provider, Provider Services or any other goods and/or services supplied, offered, or recommended by on behalf of a Provider. User agrees to seek professional advice tailored to User's specific circumstances; e. FIXIT does not provide professional advice on the suitability of any goods, services, or information supplied by any third party, including Providers;
f. FIXIT does not endorse or recommend any Provider, goods or services, including where details of a Provider are provided by FIXIT to User or otherwise become known using the System;
g. the User is responsible for completing all transactions it participates in (including monitoring the status and complying with all relevant legal obligations);
h. FIXIT makes no representation to the user that the site or any information or communication provided by it is error- or fault-free, complete, or accurate.
i. FIXIT shall not be liable for any loss or damage, whether directly or indirectly incurred by User or any third party, as a result of any failure or delay in Artisan Oga doing anything, including but not limited to transmitting any information to the user or removing any information from the Site or any Provider from the System.
7.4 The user agrees that FIXIT and all affiliates and related entities of FIXIT have no responsibility for the legality of the actions of other users.
7.5 FIXIT will not be liable for any loss or damage incurred by the user or any third party who bypasses FIXIT to conduct private business without FIXIT's written permission.
8. Limitation of Liability
8.1 To the extent permitted by law, FIXIT disclaims all liability to the User or any other person for any loss, claim, or damage (whether arising in contract, negligence, tort, equity, or otherwise for any loss, whether consequential, indirect, incidental, special, punitive, exemplary, or otherwise, including, without limitation, any loss of profits, loss or corruption of data, or loss of or damage to reputation or goodwill) arising out of or in connection with any:
a. removal or termination of User’s access to the System and Site; or
b. use of the Site or the System or any information on or provided through the Site or the System or any information or advice otherwise provided by FIXIT or a Provider, even if FIXIT has been advised of the possibility of such loss or damage.
8.2 To the extent permitted by law, FIXIT and all affiliates and related entities of FIXIT expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at FIXIT’s sole discretion):
(a) In the case of goods, any one or more of the following:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) in the case of services, and:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
9. Indemnity
User indemnifies and holds FIXIT and its parent, subsidiaries, affiliates, officers, directors, agents, employees, partners, suppliers, franchisors, and franchisees harmless from and against any claims, demands, proceedings, losses, and damages (whether actual, special, or consequential of every kind and nature, including all legal fees) made by User or a Provider arising out of or in any way related to Users’ use of the Site, its breach of this Agreement, or User’s violation of any law or the rights of a third party.
10. Breach
10.1 Without limiting other remedies available to Artisan Oga at law, in equity, or under this Agreement, FIXIT may, in its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate User’s access to the System and refuse to provide services to User if:
a. User breaches any of this Agreement, the Privacy Policy or the terms and policies those documents incorporate by reference;
b. FIXIT is unable to verify or authenticate any information the User provides to it; or
c. FIXIT believes that the user’s actions may cause damage and/or legal liability for FIXIT, Provider or other users.
11. Termination
This Agreement is effective until terminated by FIXIT, and FIXIT may terminate it and the User’s right to post information and material to the Site at any time without prior notice.
12. Disputes
12.1 The procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the interpretation of this Agreement or of the parties’ rights or obligations pursuant to this Agreement (“Dispute”).
12.2 Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (“Dispute Notice”).
12.3 The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.
12.4 The timetable and process for resolving a Dispute pursuant to a Dispute Notice is as follows:
a. within 5 working days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
b. if the Dispute is not resolved within 20 days of the commencement of the meeting referred to in the previous sub-clause, or if the meeting referred to in the previous sub-clause has not taken place within the 5 day period, the parties to the Dispute shall refer the matter to mediation;
c. Within 5 working days following the expiry of the relevant period in the previous sub-clause, the parties to the Dispute must attempt to agree on the appointment of a mediator. In the absence of agreement on the appointment of a mediator, a mediator is to be appointed by FIXIT, with the costs of the mediation to be borne equally by the parties to the Dispute;
d. the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
e. any mediation that takes place pursuant to the operation of this clause is to take place in Lagos, Nigeria.
12.5 Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, no party shall commence any proceedings in any court, tribunal, or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out in this clause.
13. No Agency
The User acknowledges and agrees that FIXIT is not the User’s agent and that the User is free to accept or reject its appointment of a Provider at its sole discretion.
14. Circumstances beyond Artisan Oga’s control
FIXIT will not be liable for any failure or delay in the performance of its obligations to the User if that failure or delay is due to circumstances beyond our reasonable control, including, without limitation, any act of God or other cause beyond its reasonable control including any mechanical, electronic, communications or third party supplier failure.
15. Use of Material on Site
15.1 Users agree that the information contained on this Site is for personal use only and may not be sold, used or redistributed for any other purpose.
15.2 Users may not use screen scraping, data mining or any similar data gathering and extraction technological devices on this Site for the purpose of reproducing information contained on this Site on or through any other medium, except with FIXIT’s prior written consent.
16. Website Links
16.1 FIXIT may provide links and pointers to websites maintained by third parties from its Site;these websites are not under the control of FIXIT, and FIXIT is not responsible for the contents of any linked website or any website link contained in any linked website.
16.2 FIXIT will not be liable for any damages or losses arising in any way out of, in connection with, or incidental to any information or third-party service provided by or through any linked websites, whether linked to or from FIXIT’s Site.
17. General
17.1 Interpretation
a. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such a section.
b. The user agrees that this Agreement may not be construed adversely against FIXIT solely because FIXIT prepared it.
c. The singular includes the plural, and vice versa.
d. A reference to a person includes any corporation or body corporate.
17.2 Definitions
The following terms have the following meanings in this Agreement:
- “Job” means the provision of goods and/or services by a Provider to a User that arises out of a Job Request.
- “Job Request” means a request made by the User using the System (whether made by phone, through the Site or otherwise) seeking offers for the provision of goods and/or services from Providers. •
- “Provider” means any person or entity who is or may potentially be matched to a User Job Request and except where the context requires otherwise includes any person engaged by such a person to provide goods or services in connection with a Job. •
- “Provider Services” means the goods and/or services that Provider offers and/or provides to Users and proposals to provide. •
- “Site” means the website operated by FIXIT at fixit.ng or on any affiliate website.
- “System” means the system operated by FIXIT as described in this Agreement, and as developed by FIXIT from time to time.
17.3 Governing Law
This Agreement shall be governed in all respects by the laws of Nigeria. The User irrevocably submits to the non-exclusive jurisdiction of the courts of Nigeria.
17.4 Severability
The provisions of this Agreement are severable, and if any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.
17.5 No Waiver
FIXIT’s failure to take action with respect to a breach by User or others does not waive FIXIT’s right to take action with respect to subsequent or similar breaches.
17.6 Entire Agreement
This Agreement and those policies incorporated by reference herein set out the entire understanding and agreement between the parties with respect to the subject matter hereof.
17.7 Survival
Those clauses that can survive the termination of this Agreement will do so.
17.8 Notices
FIXIT may notify users by simply posting a notice on the Site. This is in addition to any other mode of service permitted by law.
17.9 Variation
FIXIT may modify this Agreement at any time, and such modifications shall be effective immediately upon posting the new or revised terms on the website.
18. Escrow Payment Option
If User chooses to pay all applicable charges to the Provider via our escrow system, payment will be made to the Provider immediately upon completion of Third Party Services in accordance with the terms specified in the Escrow Agreement or as otherwise mutually agreed upon by the applicable parties. If the User cancels the completion of third-party services for any reason, the User agrees to pay the Provider for reasonable time and materials charges incurred prior to the cancellation. If User cancels Third Party Services within twenty-four (24) hours of the scheduled start time, FIXIT reserves the right to charge a cancellation fee. FIXIT reserves the right, but does not have the obligation, to mediate disputes regarding fees and payments at its sole discretion.
18. Payment
All Fees relating to Services shall be paid and delivered through the FIXIT platform only, and in no event directly to any applicable Provider or third party, or otherwise outside of the FIXIT platform, regardless of whether it is FIXIT or a third party that has performed the Services (with two (2) possible exceptions: (a) payment outside of the FIXIT platform may be authorized by FIXIT for a particular circumstance from time to time, and (b) if a prior relationship with one of FIXIT's third party vendors exists, All invoices generated for or on behalf of FIXIT relating to first-party services will come from FIXIT.
19. FIXIT Verification
FIXIT does not take responsibility for anyone who engages any service provider by invitation or visits residences or any locations unless already verified by FIXIT. Anyone who does so does so at his/her own risk.