Terms and conditions

TERMS OF USE

This TERMS OF USE is made by FMG TECHSERVICES PRIVATE LIMITED a company registered under Companies Act 1956, having its registered office at Fix My Gadgets , #807, 27th Main, 1st Sector, HSR layout, Bangalore-560102, India (hereinafter referred to as “FixMyGadgets” and /or FMG) and you as a User of the FixMyGadgets Service.

DEFINITION

'Use' or 'Using' means to access, view, download, upload, or any other legal use or otherwise benefit from using the FixMyGadgets Service.

'User” or “you' means any person who accesses or uses the FixMyGadgets Service for his own purpose or on behalf of someone else and includes any legal entity.

“User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the FixMyGadgets Service.

“Order” or 'Job': means any order placed for services through the FixMyGadgets’s Mobile Application/Website or any other medium or platform.

'Vendor' wherever applicable means a third party, which has agreed to co-operate with FixMyGadgets to offer its services.

“FixMyGadgets App” means a Mobile Application owned and operated by FixMyGadgets and all screenshots, pages appearing, appended, available along with this Mobile Application.

“FixMyGadgets Service” means collectively including all content provided through the FixMyGadgets App and the Website.

“Website” means www.FixMyGadgets.in and all web-pages appearing, appended, available along with this Website.

FIXMYGADGETS SERVICE USE

User is hereby allowed to use the FixMyGadgets Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the FixMyGadgets App and/or Website (“Terms”). FixMyGadgets retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Everytime You use the FixMyGadgets Service, shall constitute your acceptance of changes made to Terms.

User conveys acceptance to Terms every time the User uses the FixMyGadgets Service. User has discretion not to use the FixMyGadgets Service, so User’s use of the FixMyGadgets Service, despite having the right and power of not to use, is construed as User has accepted the Terms.

FixMyGadgets can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). FixMyGadgets solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. FixMyGadgets reserves the right to store, evaluate, anlayse, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that FixMyGadgets continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.

Any person who accesses this FixMyGadgets Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms

RULES OF CONDUCT

The FixMyGadgets Service shall facilitate the User to order or book services online by using the FixMyGadgets App and/or Website. You acknowledge, agree that you have complete responsibility while ordering services through the FixMyGadgets App and/or Website. The User’s discretion is required while using the FixMyGadgets Service.

The FixMyGadgets Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s U se of the FixMyGadgets Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the FixMyGadgets App and/or the Website.

ORDERING

You agree that, any contract for the service ordered through use of FixMyGadgets App and/or Website is between You and FixMyGadgets; any contract for the supply of FixMyGadgets Service from the FixMyGadgets App and/or Website is between You and FixMyGadgets. You agree to take reasonable care when providing FixMyGadgets with your details and warrant that these details are accurate and complete at the time of ordering a service. You also warrant that the credit or debit card details that You provide are of your own credit or debit card.

FixMyGadgets Service and/or Services purchased/availed from the FixMyGadgets App and/or Website is intended for your use only and that You are acting as an end customer only and not as an agent for another party while using the FixMyGadgets Service.

You understand that, if the ordered service is within the capacity of the FixMyGadgets or it's associated vendors, FixMyGadgets will accept the contract and confirm it to you. If the details of the order are correct, the contract for the service will be confirmed by text message (SMS) and/or other medium to the User.

The confirmation message will specify delivery details including the approximate service time specified by FixMyGadgets.

In case service is not possible for whatsoever reason, FixMyGadgets will let you know by text message (SMS), phone call and/or other medium. You understand and acknowledge that in unforeseeable events or Force Majeure events, FixMyGadgets may not be able to reach and/or communicate with You about the non-availability of the scheduled service.

PRICES AND POLICIES

All prices listed on the FixMyGadgets App and/or Website for services are correct at the time of publication and is as received vendors wherever applicable. While FixMyGadgets takes great care to keep them up to date, the final price charged to you by FixMyGadgets or the vendor may change at the time of delivery based on the latest menu and prices. FixMyGadgets reserves the right to alter the menu of the services available for usage on the FixMyGadgets App and/or Website and to delete and remove them if needed.

All prices listed on the FixMyGadgets App and/or Website for services by FixMyGadgets or its associated vendors listed on the FixMyGadgets App and/or Website reflect the price charged by FixMyGadgets or the vendor or its service partner at the time of listing. In the event where the vendor or the service partner informs FixMyGadgets immediately after placing the order by the User, about the change in price for the service, FixMyGadgets will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time

All prices for services by FixMyGadgets or a third party service provider assigned by FixMyGadgets listed on the FixMyGadgets App and/or Website is correct at the time of publica tion, however, FixMyGadgets reserves the right to alter the same in future.

The total price for services including all other charges, taxes, costs, if any, will be displayed on the FixMyGadgets App and/or Website when you place your order. Foor orders that need an inspection or visit, the final cost towards the service will be confirmed after the inspection/ visit and before commencement of the service. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash or, if available on the FixMyGadgets App and/or Website, by online payment including through credit card, debit card, netbanking or wallet.

If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.

SERVICE

Service time quoted at the time of ordering are approximate only and may vary. Services will be delivered to the address as intimated by you while ordering.

In case service is done by FixMyGadgets or vendor or a third party delivery service provider assigned by FixMyGadgets, FixMyGadgets will take reasonable care to deliver in a timely manner. No responsibility is taken for late service by FixMyGadgets in either case.

All orders are serviced by reputable businesses. FixMyGadgets and the vendor or service partners will make every effort to deliver within the time stated; however, FixMyGadgets will not be liable for any loss caused to you by late delivery. If the service is not offered within the estimated delivery time quoted, User shall contact FixMyGadgets by email and FixMyGadgets will try to ensure that you receive your order as quickly as reasonably possible.

In case of a late service, no charges will either be voided or refunded by FixMyGadgets.

All risk in the service shall pass to you upon availing the service though FixMyGadgets takes ample precaution to avoid any such risks.

If you fail to accept the service at the time they are ready or FixMyGadgets is unable to deliver at the nominated time due to your failure to provide appropriate instructions or author izations, then the service shall be deemed to have been delivered to you and all risk and responsibility in relation to such orders shall pass to you. Any storage, insurance and other costs which FixMyGadgets incurs as a result of the inability to service shall be your responsibility and you shall indemnify FixMyGadgets in full for such cost.

You must ensure that at the time of service arrangements, including access where necessary, are in place for offering the service. FixMyGadgets cannot be held liable for any damage, cost or expense incurred to such service as a result of a failure to provide adequate access or arrangements for service.

FixMyGadgets or the vendors or service partners, aim:

  1. to offer services at the place of service requested by you in your order;
  2. to deliver within the time confirmed in your order;
  3. to inform you if they expect that they are unable to meet the estimated service time.
  4. FixMyGadgets, the vendors or the service partners shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

    You understand and accept that it might not be possible for FixMyGadgets, vendor or service partners to offer services to some locations. In such cases, FixMyGadgets will inform you accordingly and arrange for cancellation of the order or service to any alternative delivery address.

    CANCELLATION

    You must notify FixMyGadgets immediately if you decide to cancel your order, through the app or by phone. If FixMyGadgets accepts your cancellation, no cancellation fee applies. If FixMyGadgets is unable to accept your cancellation for some reason e.g. because task force has been allocated and/or task force is already out for service, the order for the service may not be cancelled. FixMyGadgets will not be able to refund the money already paid for any cancelled order, for which service arrangements have been already made.

    FixMyGadgets may cancel an order if the service unavailable for any reason. FixMyGadgets will notify you if this is the case and return any payment that you have made.

    If the cancellation was made in time and once FixMyGadgets has accepted your cancellation, FixMyGad gets will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days.

    In the unlikely event that FixMyGadgets offers a wrong service, you have the right to reject the service of the wrong order and you shall be fully refunded for the order if you decide not to opt for the correct service. The order’s completeness will be decided by comparing offered service with the booked service. You have the right to refuse a partial order.

    In cases of addresses being incomplete, FixMyGadgets reserves the right to cancel such orders automatically.

    INFORMATION

    Where FixMyGadgets have requested information from you to provide service, you agree to provide FixMyGadgets with accurate and complete information.

    You authorize FixMyGadgets to use, store or otherwise process your personal information in order to provide the service to you and for marketing and credit control purposes (the 'Purpose'). The Purpose may include the disclosure of your personal information to selected third parties from time to time where FixMyGadgets believes that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the service to you in future. More information can be found in FixMyGadgets’s Privacy Policy.

    You are entitled to request a copy of the said personal information FixMyGadgets holds about you. Please contact us if you wish to request copy of this information.

    PERSONNEL INFORMATION AND PRIVACY

    User understands and acknowledges that by choosing FixMyGadgets you have allowed FixMyGadgets to use your personal information.

    User understands, acknowledges and agrees that although FixMyGadgets provides appropriate firewalls and protections, the FixMyGadgets Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues is possible.

    In case FixMyGadgets is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the FixMyGadgets Service and/or any particular user(s), FixMyGadgets will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.

    OWNERSHIP OF INTELLECTUAL PROPERTY

    All data, information is the property of FixMyGadgets or its Users. If you believe that the FixMyGadgets Service contains elements that infringe your intellectual property rights in your work, please notify FixMyGadgets immediately. If FixMyGadgets receives intellectual property right infringement claim notification and it is felt appropriate, FixMyGadgets may remove all such content from the FixMyGadgets App and/or Website which is indicated as infringing and/or take any other appropriate action.

    DISCLAIMER AND LIMITATION OF LIABILITY

    THE FixMyGadgets SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE FixMyGadgets SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE FixMyGadgets APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, FixMyGadgets IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE FixMyGadgets SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE FixMyGadgets SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE FixMyGadgets SERVICE.

    YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE FixMyGadgets SERVICE, FixMyGadgets AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE FixMyGadgets SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

    Photographs provided on the FixMyGadgets App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, appeal and feel. The items displayed in photographs or advertisements may have variations in colours, appeal, looks, feel, etc. when compared to the services offered.

    INDEMNIFICATION

    You agree to indemnify, defend and hold FixMyGadgets, its parents, subsidiaries, affiliates, successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms by you, or due to your activities related to the FixMyGadgets Service, whether by use of User Account or otherwise.

    APPLICABLE LAWS

    These Terms contains the entire understanding and agreement between User and FixMyGadgets and supersedes any and all prior or inconsistent understandings relating to FixMyGadgets Service and your use of FixMyGadgets Service. Terms cannot be changed or terminate d orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of FixMyGadgets Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the FixMyGadgets Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bengaluru, Karnataka, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.

    FORCE MAJEURE

    Without limiting the foregoing, under no circumstances shall FixMyGadgets be held liable for any damage or loss due to deficiency in performance of the FixMyGadgets Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.

    GENERAL PROVISIONS

    Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.

    COMPLAINTS

    FixMyGadgets takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to customercare@FixMyGadgets.in.

    IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE FIXMYGADGETS SERVICE.

    If you have any questions about the terms & conditions, please contact us at: 8088-890-890 OR INFO@FIXMYGADGETS.IN

Facebook Twitter LinkedIn Instagram