These Terms of Service constitute a legally binding agreement between you and Fix It Mate Ltd, (“Company” or “Fix It Mate”) governing your use of the Fix It Mate platform (as defined below), the Company’s website (https://www.fixitmate.co.uk/ or the “Site”) or mobile applications (the “Apps”). The Fix It Mate platform and related services provided by the Company, the Site and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by the Company to potential and actual Tradesmen and Clients in relation to the services, together are hereinafter collectively referred to as the “Fix It Mate platform.”

Any personal data you submit to the Fix It Mate platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Fix It Mate platform you have reviewed the Privacy Policy.

Your use of the Fix It Mate platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. These Terms of Service and the Privacy Policy together are hereinafter referred to as this “Agreement.” If you object to anything in this Agreement, you may not use or access the Fix It Mate platform.

A few highlights of these Terms of Service include:

  • You agree that the Fix It Mate platform is provided “as is” and without warranty (Section 16).
  • Your agreement that the Company has no liability regarding the Fix It Mate platform or the performance of tradesmen (Section 16) except as may be expressly set forth in this Agreement.
  • Your acknowledgement and agreement that you, and not Fix It Mate, scope, supervise, direct, control, and monitor a tradesman’s work and the services (Section 1).
  • Your consent to release the Company from liability based on claims between Users (Section 2) and generally (Sections 16), subject to the exceptions expressly set forth in those Sections.
  • Your agreement to indemnify the Company from claims due to your use or inability to use the Fix It Mate platform or content submitted from your account to the Fix It Mate platform (Section 17).

1. The Fix It Mate Platform Connects Tradesmen and Clients

The Fix It Mate platform is a web-based communications platform which enables connections between Clients and Tradesmen. “Clients” are individuals and/or businesses seeking to obtain services from Tradesmen, and are therefore clients of Tradesmen, and “Tradesmen” are individuals and/or businesses seeking to carry out services for Clients. Clients and Tradesmen together are hereinafter referred to as “Users.” If you agree on the terms of a service with another User, you and such other User form a Service Agreement directly between the two of you through the Fix It Mate platform.

Tradesmen are independent contractors and not employees, partners, agents, joint ventures, or franchisees of the Company. The Company does not carry out services and does not employ individuals to carry out services. Users hereby acknowledge that the Company does not supervise, direct, control or monitor a Tradesman’s work. Fix It Mate is not responsible for the work and therefore has no responsibility or liability for the work performed by the Tradesman in any manner, including but not limited to a warranty or condition or good and workmanlike services, warranty of fitness for a particular purpose, or compliance with any law, regulation, or code.

The Fix It Mate platform only enables connections between Users for the fulfilment of services. Fix It Mate is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, Tradesmen, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or provided by, or the communications of or between, Users identified through the Fix It Mate platform, whether in public, private, or offline interactions or otherwise howsoever.

2. Tradesmen Vetting, Representations and Warranties

Tradesmen Vetting

In accordance with Fix It Mate’s policy, Tradesmen may be subject to an extensive vetting process before they can register. During their use of the Fix It Mate platform, including but not limited to a verification of identity, right to work checks and criminal background checks using third party services as appropriate (“DBS checks”). Fix It Mate will conduct Identity Checks as appropriate, in accordance with Company policy and applicable laws.

Although Fix It Mate may perform Identity Checks, the Company cannot confirm that each User is who they claim to be. Fix It Mate uses third party services to perform checks and therefore cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Fix It Mate Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Fix It Mate will not be liable for any false or misleading statements made by Users of the Fix It Mate platform. Neither Fix It Mate or its affiliates, or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, lawyers, representatives, insurers, employees, successors and assigns (hereinafter referred to collectively as “Fix It Mate and Affiliates”), is responsible for the conduct, acts, or omissions, whether online or offline, of any User of the Fix It Mate platform and you hereby release Fix It Mate and Affiliates from any and all liability, claims, demands, or damages or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the Fix It Mate Platform.

User Representations and Warranties

You represent and warrant that: (1) you are 18 years of age or older and are otherwise capable of entering into binding contracts, and (2) you have the unrestricted right to work in the jurisdiction in which you reside and accept each applicable service without additional immigration approvals, and (3) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service in order to access and use the Fix It Mate platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any service or any interaction by or with any User and/or the Company in connection with the Fix It Mate platform without the prior written consent of the Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying, performing the service(s) agreed upon as between the Tradesman and Client, communicating clearly and promptly, being present and/or available at the time you accept the job with your Tradesman or Client as the case may be, and only utilising the third party payment processing system specified or approved by us to make the booking payment for services provided through the Fix It Mate platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Fix It Mate platform, you will act in accordance with any applicable national or international law, custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to the Company as set forth below, you do not have any motivation, status, or interest which the Company may reasonably wish to know about in connection with the Fix It Mate platform, including without limitation, if you are using or will or intent to use the Fix It Mate platform for any journalistic, investigative, or unlawful purpose; or if you have any potentially relevant unspent criminal convictions or cautions (other than minor fixed penalty parking or speeding offences). You hereby warrant and represent that you will promptly disclose to the Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Fix It Mate platform.

Tradesmen additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only accept and provide services for which you have the necessary skills and expertise, and you will provide the services safely.

3. Contract between Clients and Tradesmen

You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a service with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Fix It Mate platform, and any other contractual terms accepted by both the Tradesman and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Fix It Mate’s obligations or restrict Fix It Mate’s rights under this Agreement. You agree that Fix It Mate is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Fix It Mate and the Tradesman (or anyone else supplied by the Tradesman), nor will it create an employment relationship between the Client and the Tradesman or any such person. The Company’s role is restricted solely to acting as an introduction agent between the Tradesman and Client through the Fix It Mate platform in respect of services they perform. In acting as the introducer for particular Tradesmen on the Fix It Mate Platform, Fix It Mate disclaims any other agency or authority to act on behalf of the Tradesmen, and assumes no liability for any acts or omissions of the Tradesmen, either within or outside of the Fix It Mate platform.

A Tradesman’s failure to comply with the terms of the service by bringing an assistant who is not a registered Tradesman to the Fix It Mate platform could lead to removal from the Fix It Mate platform. The Tradesman assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants.

While using the Fix It Mate platform, Clients, in their sole discretion, determine whether they will be present or not when a service is performed and/or completed. Clients who elect not to be present when a service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Tradesman may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself. The Client’s Agent may authorize any applicable waiver by signing in the Client’s stead. Client agrees that such direction and/or waiver is valid and enforceable against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself.

The Client shall pay their Tradesman directly for completed services as indicated on the Fix It Mate platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a service. Both parties agree to notify Fix It Mate of any disputes prior to negotiation of or filing of any claims, and to negotiate any dispute informally via Fix It Mate representatives for at least thirty (30) days before initiating any proceeding. Fix It Mate reserves the right to suspend or terminate any account or service pending the resolution of any dispute.

4. Billing and Payment Policy

Users of the Fix It Mate platform contract for services directly with other Users. Fix It Mate will not be a party to any contracts for services. Payment for services through the Fix It Mate platform is made directly from the Client for the booking deposit and the balance, plus additional time and materials, paid directly to the Tradesman. Fix It Mate is not obligated to pay the tradesman for Client’s failure to pay for services. By accepting and paying the booking deposit, the Client agrees to pay the Tradesman’s invoice immediately on completion of the service.

Clients of the Fix It Mate platform will be required to register their credit card details with the Fix It Mate platform and the Payment Service Provider (PSP)  retained by Fix It Mate on initial registration.

Tradesmen are required to register with the Fix It Mate platform, agree to terms of service, and go through a vetting process. By accepting these Terms of Service, each Tradesman agrees that they agreed to these terms and will be contractually liable for paying the subscription charge and any admin fees.

To help prevent fraud and safeguard User information from the risk of unauthorized access, the Company and/or the PSP may validate an account before activation.

When the Client receives confirmation through the Fix It Mate platform or via email that a service has been completed, the Client is asked to provide a rating and review of the Tradesman to allow the Company to monitor the Tradesmen. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) a Service, but cancel it before the scheduled time for performance.

Fix It Mate reserves the right (but not the obligation), in its sole discretion, upon request from Client or Tradesman, or upon notice of any potential fraud, unauthorized charges or other misuse of the Fix It Mate platform, to (i) place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Booking Deposit fee must be paid through the PSP as indicated on the Fix It Mate Platform billing page in order to confirm a service booking.

Users of the Fix It Mate platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Tasks provided under the Agreement.

5. Contests, Gift Cards, and Promotional Codes

The Company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of the Company, and shall be subject to separate contest terms.

Company gift cards (“Gift Cards”), and promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments, Company booking deposits and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with a srvice provided through the Fix It Mate platform.

(a) Promo Codes

Promo Codes are an offer by the Company to reduce the amount a Client has to pay in relation to a Service Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Service Payment a Tradesman ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Fix It Mate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

(b) Gift Cards

Gift Cards can only be used in connection with services booked on the Fix It Mate platform, are not replaceable if lost or stolen and have no expiration date. Gift cards, have no cash value and cannot be exchanged for cash except as required by law; the Company may remit the cash associated with unused Gift Card balances if required by law. Gift Cards will not be directly accepted by Tradesmen as a payment method (you need to enter the Voucher into your account) and have no expiration date.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or other Promo Codes. A Gift Card cannot be used as a credit or debit card. The Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” a Gift Card (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. The Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

6. Public Areas; Acceptable Use

The Fix It Mate platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Fix It Mate platform, you should not share your personal contact information with other Users.

Without limitation, while using the Fix It Mate platform, you may not:

  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Fix It Mate staff, or use information learned from the Fix It Mate platform or during the performance of services to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Fix It Mate platform;
  • Use the Fix It Mate platform for any unauthorized purpose, including, but not limited to posting or completing a service which is illegal or otherwise unlawful;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Fix It Mate;
  • Upload files that contain viruses, Trojan horses, corrupted files or any other similar software that may damage the operation of another’s computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Fix It Mate platform which are not relevant to the services offered through the Fix It Mate platform;
  • Post or complete a service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over £250) without obtaining pre-authorization from Company, (iii) travel into different countries during the performance of a service, (iv) provide ridesharing or other peer-to-peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by the Company in its sole discretion;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same service repeatedly (”Spamming”). Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Fix It Mate platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Fix It Mate, without the prior written consent of Fix It Mate;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Fix It Mate platform, or the personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Fix It Mate platform or any portion thereof;
  • Hack or interfere with the Fix It Mate Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Fix It Mate platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Fix It Mate and Affiliates;
  • Upload content to the Fix It Mate platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the Fix It Mate platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Fix It Mate Platform as set forth herein;
  • Use the Fix It Mate platform to collect usernames and or/email addresses of Users by electronic or other means;
  • Use the Fix It Mate platform or the services in violation of this Agreement;
  • Use the Fix It Mate platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Fix It Mate platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
  • Cause any third party to engage in the restricted activities above.

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Fix It Mate will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7. Termination and Suspension

Fix It Mate may terminate or limit your right to use the Fix It Mate platform at any time in the event we believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If Fix It Mate terminates or limits your right to use the Fix It Mate platform pursuant to this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If the Company terminates or limits your right to use the Fix It Mate platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.

Even after your right to use the Fix It Mate platform is terminated or limited, this Agreement will remain enforceable against you. Fix It Mate reserves the right to take appropriate legal action.

The Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Fix It Mate platform at its sole discretion. The Company is not liable to you for any modification or discontinuance of all or any portion of the Fix It Mate platform. Company has the right to restrict anyone from completing registration as a Tradesman if the Company believes such person may threaten the safety and integrity of the Fix It Mate platform, or if, in the Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Fix It Mate platform. All parts of this Agreement which by their very 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.

8. Account, Password, and Security

You must register with Fix It Mate and create an account to use the Fix It Mate platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Fix It Mate for accessing the Fix It Mate platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. If you are accessing and using the Fix It Mate platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Fix It Mate has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must contact Fix It Mate immediately.

9. User Generated Content

“User Generated Content” is defined as any information and materials you provide to Fix It Mate, its corporate partners, or other Users in connection with your registration for and use of the Fix It Mate platform, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Fix It Mate is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Fix It Mate has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Fix It Mate platform at its sole discretion.

You hereby represent and warrant to Fix It Mate that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) 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); (e) will not be defamatory, libellous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Fix It Mate or purport you to act as a representative or agent of Fix It Mate; and (i) will not create liability for Fix It Mate or cause Fix It Mate to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The Fix It Mate platform hosts User-Generated Content relating to reviews and ratings of specific Tradesmen (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Fix It Mate. You agree that Fix It Mate is not responsible or liable for any Feedback or User-Generated Content. The Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. The Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

You hereby grant Fix It Mate a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Fix It Mate platform.

Each Tradesman who provides to Fix It Mate any videotape, film, recording, photograph, voice, or any related instrumental, musical or other sound effects, in exchange for the right to use the Fix It Mate platform, hereby irrevocably grants to Fix It Mate the non-exclusive, fully-paid, royalty-free, transferable, sub licensable, worldwide, unrestricted, and perpetual right to:

  • Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to the Company or that the Company takes of Tradesman, and use, reproduce, modify, or creative derivatives of such Tradesman’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
  • Reproduce in all media any recordings of such Tradesman’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Fix It Mate platform;
  • Use, and permit to be used, such Tradesman’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Fix It Mate platform in any media; and
  • Use, and permit to be used, such Tradesman’s name and identity in connection with the Fix It Mate Platform.

Each Tradesman hereby waives all rights and releases Fix It Mate and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Tradesman’s identity, likeness or voice in connection with the Fix It Mate platform.

Each Tasker acknowledges that Fix It Mate shall not owe any financial or other remuneration for using the recordings provided hereunder by such Tradesman, either for initial or subsequent transmission or playback, and further acknowledges that Fix It Mate is not responsible for any expense or liability incurred as a result of such Tradesman’s recordings or participation in any recordings, including any loss of such recording data.

10. Links to Third-Party Websites

The Fix It Mate platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Fix It Mate or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Fix It Mate platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Fix It Mate does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Fix It Mate is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Fix It Mate has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Fix It Mate platform at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Fix It Mate expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Fix It Mate platform. You hereby agree to hold the Company harmless from any liability that may result from the use of links that may appear on the Fix It Mate platform.

As part of the functionality of the Fix It Mate platform, you may link your account with online accounts you may have with third-party service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Fix It Mate platform; or (ii) allowing Fix It Mate to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Fix It Mate and/or grant Fix It Mate access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fix It Mate to pay any fees or making Fix It Mate subject to any usage limitations imposed by such third-party service providers. By granting Fix It Mate access to any Third-Party Accounts, you understand that (i) Fix It Mate may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Fix It Mate platform via your account, including without limitation any friend lists, and (ii) Fix It Mate may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Fix It Mate platform. Please note that if a Third-Party Account or associated service becomes unavailable or Fix It Mate’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Fix It Mate platform. You will have the ability to disable the connection between your account on the Fix It Mate platform and your Third-Party Accounts at any time, as set out below. Please note that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers. Fix It Mate makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Fix It Mate is not responsible for any SNS Content.

11. Worker Classification and Withholdings

As set forth in Section 1, Fix It Mate does not perform services and does not employ individuals to perform services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

Users do not have authority to enter into written or oral – whether implied or express – contracts on behalf of Fix It Mate. Each User acknowledges that Fix It Mate does not, in any way, supervise, direct, control or monitor a Tradesman’s work or services performed in any manner. Fix It Mate will not provide any equipment, labour or materials needed for a particular service. Fix It Mate does not provide any supervision to Users.

The Fix It Mate platform is not an employment service and Fix It Mate is not an employer of any User. As such, Fix It Mate is not responsible for and will not be liable for any tax payment or withholding, including but not limited to National Insurance, employer’s liability, social security, PAYE or other payroll withholding tax in connection with a User’s use of the Fix It Mate platform. User agrees to indemnify Fix It Mate and Affiliates from any and all claims, liabilities and reasonable costs arising from or in connection with:

  • A Tradesman being misclassified as an independent contractor or employee;
  • Fix It Mate being incorrectly held to be an employer or joint employer of a Tradesman; or
  • Any other relevant third-party claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits or any other employee benefits.

The Tradesman assumes full and sole responsibility for all required and applicable income tax and National Insurance Contributions withholdings as to the Tradesman and all persons engaged by the Tradesman in the performance of the services.

12. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively, “Proprietary Material”) that Users see or read through the Fix It Mate platform is owned by Fix It Mate, excluding User Generated Content, which Users hereby grant Fix It Mate a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Fix It Mate owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Fix It Mate platform without Fix It Mate’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Fix It Mate and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Fix It Mate, including without limitation Fix It Mate and the Fix It Mate logos and mascot, are service marks owned by Fix It Mate Ltd. Any other trademarks, service marks, logos and/or trade names appearing via the Fix It Mate platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

13. Copyright Complaints and Copyright Agent

Fix It Mate respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Fix It Mate platform infringe upon your copyright or other intellectual property right, please send the following information to Fix It Mate’s Copyright Agent at: Fix It Mate Ltd, Vision 25, Electric Ave, Innova Park, Enfield, Middlesex, EN3 7GD, United Kingdom.

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Fix It Mate platform where the material that you claim has been infringed is located. Include enough information to allow Fix It Mate Ltd to locate the material, and explain why you think an infringement has taken place;

  • A description of the location where the original or an authorised copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

14. Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Fix It Mate and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Fix It Mate platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorised employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Fix It Mate in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Fix It Mate upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Fix It Mate s trade secrets, confidential and proprietary information, and all other information and data of Fix It Mate 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, strategic and other proprietary and confidential information relating to the Company or the Company’s business, operations, or properties, including information about the Company’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

15. Disclaimer of Warranties

(a) Use of the Fix It Mate platform is entirely at your own risk.

The Fix It Mate platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Fix It Mate makes no warranties or representations about the accuracy or completeness of the content provided through the Fix It Mate platform or the content of any sites linked to the Fix It Mate platform and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Fix It Mate platform, (iii) any access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein; and (iv) events beyond our reasonable control. Fix It Mate does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Fix It Mate platform or any hyperlinked website or featured in any banner or other advertising, and Fix It Mate will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Fix It Mate and Affiliates do not warrant that access to the Fix It Mate platform will be uninterrupted or that the Fix It Mate platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Fix It Mate platform, or as to the timeliness, accuracy, reliability, completeness or content of any Task, service, information or materials provided through or in connection with the use of the Fix It Mate platform. Fix It Mate and Affiliates are not responsible for the conduct, whether online or offline, of any User. Fix It Mate and Affiliates do not warrant that the Fix It Mate platform is free from computer viruses, system failures, worms, Trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.

Notwithstanding any feature a Client may use to expedite Fix It Mate selection, each Client is responsible for determining the service required. Fix It Mate does not warrant any goods or services purchased by a Client and does not recommend any particular Tradesman above any other. Fix It Mate does not provide any warranties or guarantees regarding any Tradesman’s professional accreditation, registration or license.

In addition, no individual or entity shall be a third party beneficiary of these Terms. These Terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

(b) No liability

You acknowledge and agree that Fix It Mate is only willing to provide the Fix It Mate platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Fix It Mate and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Fix It Mate platform, 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 Fix It Mate and Affiliates and any destruction of your User Generated Content.

Under no circumstances will Fix It Mate and Affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by Fix It Mate, or the cost of substitute products or services) arising in connection with your use of or inability to use the Fix It Mate platform or the services required, even if advised of the possibility of the same.

Fix It Mate and Affiliates expressly disclaim any liability that may arise between Users of the Fix It Mate platform. Fix It Mate and Affiliates also do not accept any liability with respect to the quality or fitness of any work performed via the Fix It Mate platform.

If, notwithstanding the foregoing exclusions, it is determined that Fix It Mate and Affiliates or their corporate partners are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to the Company during the six (6) months prior to the time such claim arose, to the extent permitted by applicable law.

Regardless of any other provision in this Agreement, nothing in these Terms of Service excludes or limits liability for: (i) death or personal injury caused by Fix It Mate’s negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded.

(c) Release

The Fix It Mate platform is only a venue for connecting Users. Because Fix It Mate is not a party to or otherwise involved in the actual contract between Users or in the completion of the service, in the event that you have a dispute with one or more Users, you hereby release Fix It Mate and Affiliates and their corporate partners from any and all claims, demands, damages (including direct, indirect, incidental, actual, consequential, economic, special, or exemplary), expenses, losses, governmental obligations, suits and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

16. Indemnification

You hereby agree to indemnify, defend, and hold harmless Fix It Mate and Affiliates, and their successors and assigns (the Indemnified Parties”) from and against any and all direct claims, demands, and damages, including reasonable attorney’s fees and costs, incurred in connection with (i) your use or inability to use the Fix It Mate platform or Fix It Mate Services, (ii) your breach or violation of this Agreement (iii) your violation of any law, or the rights of any User or third party (iv) any content submitted by you or using your account to the Fix It Mate platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Fix It Mate reserves the right, in its own sole discretion, to assume the exclusive defence and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Fix It Mate.

17. Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Fix It Mate agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to the Company. The Company’s address for such notice is Fix It Mate, Vision 25, Electric Ave, Innova Park, Enfield, Middlesex, EN3 7GD, United Kingdom.

Attention: Legal.

18. Governing Law

This Agreement and your use of the Fix It Mate platform shall be governed by English law, and any dispute regarding this Agreement or the use of the Fix It Mate platform will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

19. No Agency; No Employment

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

20. General Provisions

Failure by Fix It Mate to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Fix It Mate with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. If any provision of this Agreement is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or (2) if such provisions cannot be so modified or restructured, they shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 21 shall be null and void. This Agreement will inure to the benefit of Fix It Mate, its successors and assigns.

21. Licensing

Fix It Mate does not oversee, monitor or supervise the posting, scoping or performance of services. Clients may wish to consult their national or local requirements to determine whether certain services are required to be performed by a licensed professional.

22. Changes to this Agreement and the Fix it Mate platform

Fix It Mate reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Happiness Pledge) and review, improve, modify or discontinue, temporarily or permanently, the Fix It Mate platform or any content or information through the Fix It Mate platform at any time, effective with or without prior notice and without any liability to Fix It Mate. The Company will endeavour to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Fix It Mate platform. Your continued use of the Fix It Mate platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Fix It Mate may also impose limits on certain features or restrict your access to part/all of the Fix It Mate platform without notice or liability.

23. No Rights of Third Parties

No terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to this Agreement.

24. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the Fix It Mate platform, please contact us by email at help@fixitmate.co.uk or by post to: Vision 25, Electric Ave, Innova Park, Enfield, Middlesex, EN3 7GD, United Kingdom.

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