This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and FixoMate Pty Ltd (“FixoMate,” “we,” “us,” or “our”), an Australian subsidiary of Luminous Rays Inc. (“LRI”). FixoMate operates and provides access to the FixoMate Application Platform (“Platform”), which includes any associated services, features, content, applications, or additional functionality offered by or through FixoMate.
FixoMate Pty Ltd. grants you a non-exclusive, non-transferable, limited right to access, use, and display the Website and/or application and the materials thereon for your personal, non-commercial use, provided that you comply fully with the provisions of this EULA.
The content on the Website and application, including text, graphics, images, and software are the intellectual property of Luminous Rays Inc. and are protected by intellectual property laws and treaties. The license granted under this EULA does not transfer to you any title to or ownership of the content and is not a sale of any rights in the content.
You agree not to use the Website and application in a manner that:
The Website and application is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
In no event will FixoMate Pty Ltd. be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of the Website and application, any websites linked to the Website and/or application, or the materials or information contained at any or all such sites/apps. In essence, user waive all the rights to sue the company.
This EULA will be governed by and construed in accordance with the laws of Australia, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located within Australia to resolve any legal matter arising from this EULA.
FixoMate Pty Ltd. hereby grants you a non-exclusive, non-transferable, limited right to access, use, and display the Website and application and the materials provided thereon, strictly in accordance with this EULA. This license is granted solely for your personal, non-commercial use.
In accessing or using the Website and/or application, you shall not:
The content provided on the Website and/or application, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website and/or application, is the property of FixoMate Pty Ltd. or its suppliers and protected by copyright and other intellectual property laws. You may not use such content except as provided in this License Grant.
FixoMate Pty Ltd. reserves all rights not expressly granted in this EULA. This EULA does not transfer from FixoMate Pty Ltd. to you any FixoMate Pty Ltd. or third party intellectual property, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with FixoMate Pty Ltd.
All content and services provided on the Website and/or application, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of FixoMate Pty Ltd. or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on the Website and/or application is the exclusive property of FixoMate Pty Ltd. and protected by Australian and international copyright laws.
The trademarks, service marks, graphics, and logos used in connection with the Website and/or application are trademarks or registered trademarks of FixoMate Pty Ltd. or FixoMate Pty Ltd.’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website and/or application may be the trademarks of other third parties. Your use of the Website and/or application grants you no right or license to reproduce or otherwise use any FixoMate Pty Ltd. or third-party trademarks.
(a) DMCA Compliance: FixoMate Pty Ltd. respects the intellectual property rights of others and expects its user's to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we have adopted and implemented a policy that provides for the termination in appropriate circumstances of user's of the Website and/or application who are repeat infringers.
(b) Notice of Infringement: If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Website and/or application, please notify our copyright agent as described in our DMCA policy.
Any software that is made available to download from the Website and/or application (“Software”) is the copyrighted work of FixoMate Pty Ltd. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
You may not:
(a) License to Us: By posting, uploading, inputting, providing, or submitting your content to the Website and/or application, you grant FixoMate Pty Ltd., its affiliated companies, and necessary sublicensees permission to use your content in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content.
(b) No Compensation: You will receive no compensation for any content that you submit, post, transmit, or otherwise make available through the Website and/or application.
By accessing the Website and/or application, you agree to adhere to the following acceptable use guidelines:
(a) Lawful Use: You agree to use the Website and/or application only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Website and/or application. Prohibited activities include harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Website and/or application.
(b) Protection of Other User's Rights: You must not use the Website and/or application to send unsolicited commercial communications. You must not use the content on the Website and/or application for any marketing-related purpose without our express written consent.
You are specifically restricted from all of the following:
User's may be able to contribute content to the Website and/or application in the form of comments, reviews, posts, or other contributions. You are solely responsible for your own contributions and the consequences of posting or publishing them. In connection with your contributions, you affirm, represent, and warrant that:
Failure to comply with this Section 3 may result in suspension or termination of your access to the Website and/or application without notice, and may expose you to civil and/or criminal liability.
(a) As-Is Basis: The Website and/or application and all materials, information, software, products, and services included in or available through the Website and/or application are provided "as is" and "as available" for your use. The Website and/or application and all content and services are provided without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
(b) No Guarantees: FixoMate Pty Ltd. does not guarantee the accuracy, timeliness, completeness, or usefulness of any content or services provided on the Website and/or application. We do not warrant that the Website and/or application will be uninterrupted or error-free, that defects will be corrected, or that the Website and/or application or the servers that make it available are free of viruses or other harmful components.
(a) General Limitation: To the maximum extent permitted by applicable law, FixoMate Pty Ltd. shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with the use of, or inability to use, the Website and/or application.
(b) Specific Limitations:
(c) Jurisdictional Variations: Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, FixoMate Pty Ltd.'s liability in such jurisdictions shall be limited to the extent permitted by law.
(d) Indemnification: You agree to defend, indemnify, and hold harmless FixoMate Pty Ltd., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Website and/or application, or from or in connection with any content submitted, posted, used, or transmitted through the Website and/or application by you.
The warranty disclaimer and limitation of liability set forth above are fundamental elements of the basis of the agreement between FixoMate Pty Ltd. and you. FixoMate Pty Ltd. would not be able to provide the Website and/or application and its services on an economically reasonable basis without such limitations.
(a) Choice of Law: This Agreement, and your use of the Website and/or application, shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
(b) Authority and Reference: The laws chosen will serve as the legal basis for interpreting and enforcing the terms of this EULA. Any part of the EULA found to be void or unenforceable under Australia law will not affect the validity or enforceability of the remainder of this Agreement.
(a) Exclusive Jurisdiction: You expressly agree that exclusive jurisdiction for any dispute with FixoMate Pty Ltd. or in any way relating to your use of the Website and/or application, resides in the courts of Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Australia in connection with any such dispute including any claim involving FixoMate Pty Ltd. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
(b) Legal Actions: Any legal actions, suits or proceedings arising out of this Agreement (including, without limitation, the interpretation and enforcement of this Agreement) will be brought exclusively in the federal or state courts located in Australia. You hereby accept and submit to the personal jurisdiction of these Australian courts in any legal action or suit arising out of or relating to this Agreement or your use of the Website and/or application.
(a) Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to this EULA ("Dispute"), you and FixoMate Pty Ltd. agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
(b) Mandatory Arbitration: If you and FixoMate Pty Ltd. are unable to resolve a Dispute through informal negotiations, either party may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(c) Exceptions to Informal Negotiations and Arbitration: The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.
(a) Incorporation by Reference: The Privacy Policy of FixoMate Pty Ltd. as published on our website and/or application, is expressly incorporated here by reference and forms an integral part of this EULA. By agreeing to this EULA, you also agree to the terms of the Privacy Policy, which outlines how we collect, store, use, and disclose your personal data.
(b) Updates to Privacy Policy: Our Privacy Policy may be updated from time to time to reflect changes in our practices or legal obligations. We will notify you of any significant changes by posting the new Privacy Policy on our website and/or application. Your continued use of the website and/or application after such changes will constitute your consent to the updated policy.
FixoMate Pty Ltd. commits to complying with all applicable data protection laws in the jurisdictions where we operate. This includes, but is not limited to, the General Data Protection Regulation (GDPR) for user's in the European Union and the Australian Consumer Privacy Act (ACPA) for user's in Australia.
(a) Security Measures: We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
(b) Breach Notification: In the event of a data breach that is likely to result in a risk to your rights and freedoms, we will notify you and the appropriate regulatory authorities within the time frames specified in applicable laws.
You have certain rights concerning your personal data, including:
By accessing or using FixoMate's platform, you expressly acknowledge and consent that FixoMate may conduct background checks as deemed necessary, including but not limited to identity verification, criminal history, or other relevant checks, to ensure compliance with applicable laws and the integrity of the platform.
Background checks may be conducted to:
(a) Verify the accuracy of information provided during registration or onboarding.
(b) Assess compliance with legal, regulatory, or safety standards.
(c) Protect the security and trustworthiness of the platform for all user's.
(a) You authorize FixoMate to collect, process, and store any information necessary to perform background checks, including but not limited to publicly available records, third-party databases, and information provided during registration.
(b) By using the platform, you waive any claims against FixoMate arising from the performance of background checks, provided they are conducted in accordance with applicable laws.
(a) FixoMate will ensure that any information collected during background checks is handled in accordance with the Privacy Policy and applicable data protection laws.
(b) The results of background checks will be used solely for the purposes of user verification and platform security and will not be disclosed to third parties except as required by law or with your explicit consent.
FixoMate reserves the right to deny, suspend, or terminate access to the platform for any user whose background check results fail to meet FixoMate’s eligibility criteria or if a user refuses to consent to a background check.
If you have any questions or concerns about our privacy practices or your personal data, please contact us at the provided contact information on our website and/or application. We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy.