FixoMate, Inc., also known as FixoMate ("FixoMate") a software developed & owned by LUMINOUS RAYS LLC, assists individuals in researching, hiring, rating, and reviewing a range of service contractors and personal care professionals (collectively referred to as "Service Providers"). The subsequent Terms of Use delineate your responsibilities when utilizing the FixoMate websites, mobile apps, and services.
FixoMate, the operator of the website found at www.FixoMate.pk, the FixoMate mobile application, all associated websites and mobile apps, and the various content, features, and services provided on or through these platforms, including the FixoMate magazine (collectively referred to as the "Sites and Services"), is the sole owner and administrator of these platforms. Your access to and use of the Sites and Services are contingent upon your acceptance of the following terms and conditions as outlined in these "Terms of Use."
By accessing, downloading, or utilizing any aspect of the Sites and Services, you are consenting to be legally bound by these stipulations. Should you disagree with any of these terms and conditions, you are not authorized to access or use the Sites and Services.
FixoMate retains the right, at its sole discretion, to make revisions to these Terms of Use at any time. Such modifications will become effective upon their publication on the Sites and Services, with or without additional notice to you. It is your responsibility to routinely review the information provided on the Sites and Services to stay informed about these changes. Should you not concur with the altered terms, you are obliged to cease your use of the Sites and Services immediately. You also agree to inform FixoMate if you wish to be removed from any distributions or other communications available to you through your utilization of the Sites and Services. CONTINUED USAGE OF THE SITES AND SERVICES AFTER SUCH PUBLICATION (OR OTHER FORM OF NOTICE, IF PROVIDED) INDICATES YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THE MODIFIED TERMS OF USE.
Subject to your full adherence to these Terms of Use, FixoMate extends a nonexclusive, non-transferable, non-sublicensable, and terminable license to authorized users for accessing and using the Sites and Services for personal purposes. You pledge not to engage in activities such as accessing, reproducing, duplicating, selling, reselling, modifying, distributing, transmitting, or otherwise exploiting the Sites or Services, or any of their content, for any purpose other than personal use as stipulated in these Terms of Use, unless expressly authorized in writing by FixoMate.
FixoMate reserves the right to alter, update, suspend, or discontinue the Sites and Services, in whole or in part, at its sole discretion, for any reason or without reason, and at any time, with or without notice. FixoMate shall not be held liable to any user or third party for such alterations, updates, suspensions, or discontinuations.
In connection with your access to and use of the Sites and Services, as well as your submission or retrieval of any content, including ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials found on the Sites and Services (collectively referred to as the "Content"), you agree not to employ the Sites and Services for any unlawful purpose or any purpose that contradicts these Terms of Use, or for any purpose not reasonably intended by FixoMate. As examples, but not limitations, you pledge not to:
In certain instances, we may require you to establish an account to access specific sections of the Sites and Services and to utilize particular products and features. You may need to provide login details, such as a username and password, to access and operate your account. As a condition for using the Sites and Services, you agree to (a) supply FixoMate with truthful, accurate, current, and complete information as prompted by FixoMate's registration forms when registering for or using the Sites and Services, and (b) keep this information accurate, up-to-date, and complete. You are responsible for safeguarding the confidentiality of any password or other account information that is not typically accessible to others, and you bear full responsibility for all actions carried out under your username and password.
While there may be limited valid reasons for creating multiple accounts, generating consecutive or overlapping accounts could lead to the termination of your account. If you have inquiries about managing multiple accounts, please do not hesitate to contact us.
To submit any Content or other materials to the Sites or Services, you agree to the following conditions:
FixoMate cannot guarantee the accuracy, integrity, quality, or appropriateness of any Content transmitted through its service. FixoMate acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content, including any content posted by Service Providers in response to Content (referred to as "Service Provider Content"). All Content and Service Provider Content posted on or transmitted through the Service is the sole responsibility of the originator.
FixoMate does not control or assume responsibility for the Content or Service Provider Content available through the Service. By using the Service, you acknowledge that you may encounter Content that is inaccurate, misleading, or offensive. You agree to assess and make your own judgments about the use of any Content and Service Provider Content, assuming all associated risks.
FixoMate is not obligated to screen, preview, monitor, or approve any Content or Service Provider Content. However, FixoMate reserves the right to review and remove any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you acknowledge that it is solely your responsibility to assess the risks associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content you submit, access, transmit, or convey through the Service. FixoMate will not be liable for any Content or Service Provider Content, including errors, omissions, defamatory statements, or confidential information, nor for any loss or damage incurred as a result of using such Content or Service Provider Content via the Service. You waive the right to bring any claim against FixoMate relating to Content or Service Provider Content and release FixoMate from liability associated with any Content or Service Provider Content.
You have the option to report Content that you believe violates these Terms of Use or is otherwise unlawful. Please note that you may be held liable for damages, including costs and attorney fees, for making false or unlawful claims. If you are uncertain about the legality of an activity, it is advisable to seek legal counsel.
FixoMate may establish general practices, policies, and limits regarding the use of the Sites and Services. These practices and limits, whether published or not, may include the retention period for reviews and ratings, the maximum number of reviews and ratings from an account, the length of reviews and ratings, and the maximum frequency and duration of access to the Sites and Services within a given time frame. FixoMate is not responsible for the deletion or failure to store any Content or materials. FixoMate reserves the right to change these general practices and limits at its discretion, with or without notice.
FixoMate neither endorses nor assumes responsibility or liability for any Content, data, advertising, products, goods, or services offered or not offered by third parties or Service Providers, including but not limited to personal care and wellness providers. You acknowledge that if you use or rely on such Content, data, advertisements, products, goods, or services provided or not provided by third parties or Service Providers, FixoMate bears no responsibility or liability, either directly or indirectly, for any damage or loss alleged to be caused by or associated with such use or reliance. Your interactions with or participation in promotions offered by any Service Provider, including but not limited to personal care and wellness providers, as well as any other terms, conditions, representations, or warranties connected to these interactions, are solely between you and the respective Service Provider, excluding FixoMate. It is your responsibility to conduct any necessary investigations or research before hiring or engaging with Service Providers, including but not limited to personal care and wellness providers.
Third parties and Service Providers may link or direct internet users to our Sites and Services to utilize one or more of the services we offer on their behalf. Similarly, we may provide links or direct you to third-party or Service Provider websites. FixoMate does not manage or operate any such third-party or Service Provider websites. Any information you provide to these third-party or Service Provider websites is subject to the respective policies of those third parties or Service Providers, not FixoMate's policies. It is your responsibility to review the policies of these third parties or Service Providers, including any relevant privacy policies. You agree that FixoMate is not responsible or liable for, and does not endorse any content, advertising, goods, or services provided on or through these external websites, or for your ability or inability to use such websites. FixoMate makes no representations or warranties regarding the security of any information, including credit card and other personal information, that you may be required to provide on third-party or Service Provider websites. You use these third-party or Service Provider websites at your own risk.
You agree that FixoMate is not responsible for the availability or unavailability of any Service Provider, including personal care and wellness providers, or for your interactions and transactions with them. You waive the right to bring any claims against FixoMate related to these interactions and transactions, and release FixoMate from any and all liability associated with such interactions and transactions.
Moreover, your correspondence or business transactions with consumption of products or services from, or participation in promotions by third parties or Service Providers found on or through the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and the respective third party. You agree that FixoMate shall not be responsible or liable, directly or indirectly, for any loss or damage of any nature incurred as a result of any such transaction or as a result of the presence of such third parties or Service Providers on the FixoMate Sites and Services
FixoMate holds the authority to terminate your access to and use of the Sites and Services at any time and without prior notice, for any reason whatsoever. In such an event, you must immediately discontinue your access and use of the Sites and Services and agree not to attempt to access or use them. Furthermore, you acknowledge that FixoMate has the right to take action, whether technical, legal, or otherwise, to prevent, nullify, or restrict your ability to access the Sites and Services. You understand that FixoMate may exercise this right at its sole discretion, and it is in addition to, not a substitute for, any other rights and remedies available to FixoMate.
All provisions of these Terms of Use that, by their nature, should continue to be in effect will persist even after the termination of your access to the Sites and Services. This includes provisions related to ownership, warranty disclaimers, indemnity, and limitations of liability.
FixoMate, as well as other graphics, logos, designs, page headers, button icons, scripts, and service names used on the Sites and Services, are trademarks or trade dress of FixoMate in the United States and possibly other countries. These trademarks and trade dress may not be employed, including as part of trademarks, domain names, keyword advertisements, or email addresses, or in connection with any product or service, in a manner that could potentially create confusion.
You should assume that all Content and materials made accessible on the Sites and Services are protected by copyright law. Except for user-submitted Content, all other materials and information on the Sites and Services, including but not limited to text, graphics, logos, icons, images, audio and video clips, downloads, data compilations, and software, are the exclusive property of FixoMate and/or its licensors. These materials are safeguarded by both United States and international copyright laws.
You consent to FixoMate communicating any notices to you in accordance with these Terms of Use through electronic mail, regular mail, or by posting the notices on the Site. If you need to send notices to FixoMate, please do so by sending email to info@FixoMate.com If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work's copyright or trademark has been infringed, please report the infringement to us by providing our Designated Agent with a written notification that includes the following details:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right allegedly infringed.
2. Identification of the copyrighted work or trademark claimed to be infringed. If multiple works or trademarks at a single online site are involved, please provide a representative sample.
3. Identification of the material claimed to be infringing or the subject of infringing activity, along with information to help us locate the material.
4. Your contact information, including an address, telephone number, and, if available, an email address.
5. A statement asserting that you have a good faith belief that the use of the material is not authorized by the copyright or trademark owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.
FixoMate will investigate reports of copyright and trademark infringement and take appropriate actions in accordance with the DMCA. Please note that reports that do not adhere to this procedure may not receive a response.
The Sites and Services may experience limitations, delays, failures, and other issues inherent in internet and electronic communication usage. FixoMate is not accountable for any delays, failures, or damages resulting from such issues.
FixoMate values feedback from you and our other users and appreciates your comments about our Sites and Services. However, please be aware that our policy prohibits us from accepting or considering creative ideas, suggestions, or materials that we have not explicitly requested. While we welcome your feedback on our services, please ensure your comments pertain specifically to our services and refrain from submitting creative ideas, suggestions, or materials.
If, despite our request, you send us creative suggestions, ideas, drawings, concepts, or other information (collectively referred to as "Submissions"), these Submissions become the property of FixoMate. Furthermore, none of these Submissions will be treated as confidential, and FixoMate will not be held responsible for any future use or disclosure of such Submissions.
You acknowledge that FixoMate has no control over, and no duty to take any action regarding:
You release FixoMate from any liability related to your acquisition or lack thereof of content or information through the Sites and Services. The Sites and Services may contain or direct you to sites with information that some individuals may find offensive or inappropriate. FixoMate does not make any representations concerning the content's accuracy, copyright compliance, legality, or decency, and it will not be held responsible or liable for such material's content.
FixoMate and its affiliates, employees, agents, or third-party content providers will not be liable for any loss resulting from the use or unavailability of information or content on or in connection with the Sites and Services, including lost profits, data loss, or direct, indirect, special, consequential, compensatory, or incidental damages, even if they have been advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, these exclusions and limitations may not apply to you.
Because some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for consequential or incidental damages, these exclusions and limitations may not apply to you.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FixoMate DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, FixoMate MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FixoMate DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
FixoMate DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD PARTY PROVIDERS. THIRD PARTY PROVIDERS ARE NOT EMPLOYEES OF FixoMate. FixoMate SHALL NOT BE RESPONSIBLE FOR ANY ACT OR OMISSION BY ANY THIRD PARTY PROVIDERS.
FixoMate DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. FixoMate CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FixoMate SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF FixoMate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FixoMate SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF FixoMate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FixoMate SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FixoMate’s REASONABLE CONTROL. FixoMate’s LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FixoMate’s SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES, PRESONAL CARE AND WELLNESS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FixoMate HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold FixoMate and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) FixoMate’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
By agreeing to these Terms of Use, you also agree to indemnify, defend, and hold harmless FixoMate, along with its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers, and suppliers, from and against any and all losses, liabilities, expenses, damages, claims, demands, and costs. This includes reasonable attorney's fees and court costs, arising from:
FixoMate will have the sole control of defending against any such damage or claim.
In simpler terms, if you breach these Terms of Use, provide false information, or cause harm to others, you agree to cover the resulting costs, including legal fees, that FixoMate or its affiliates may incur as a result of your actions.
FixoMate's liability is subject to several limitations and exclusions. You expressly understand and agree that FixoMate will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages (even if FixoMate has been advised of the possibility of such damages). These damages may result from various factors, including but not limited to:
These limitations shall apply to the fullest extent permitted by law. Please note that in some jurisdictions, limitations of liability are not permitted, and in such cases, some of these limitations may not apply to you.You also acknowledge that your unlimited access to the Content on the Website or in the Magazine represents a significant portion of the value you receive from your FixoMate's Membership Fee. Therefore, to the extent that FixoMate is found liable for anything related to this Agreement or the use of the Service, FixoMate's liability for damages will not exceed the equivalent of one (1) month of your Membership Fee (i.e., the amount of your annual Membership Fee divided by twelve).Additionally, you understand and agree that FixoMate contracts with a third party to process your payment of Membership Fees through the use of a credit card (a "Credit Card Processor"). Neither the Credit Card Processor nor any other party involved in the credit card processing process for FixoMate, including the company issuing the credit card to you and the merchant bank (collectively, the "Released Parties"), shall be liable for any damages suffered by you as a result of FixoMate's failure to provide services under this Agreement or any breach of this Agreement by FixoMate. You release each of the Released Parties from any and all damages you may suffer as a result of such failures or breaches, and you agree to indemnify and hold harmless each of the Released Parties for any damages they may suffer as a result of your breach of this section. It is clarified that FixoMate shall be solely liable for the payment of any damages to you under this Agreement.
In the event that you breach any of the terms and conditions outlined in these Terms of Use, particularly in relation to reports or records on FixoMate, you acknowledge that the content in each report or record on FixoMate has significant value to the platform. You further understand that determining the precise damage caused to FixoMate as a result of such violations would be challenging.
As a result, you agree to be liable to pay FixoMate the following amounts as liquidated damages, and you acknowledge that these liquidated damages represent a reasonable estimation of FixoMate's damages for the specified breaches of these Terms of Use:
Except as outlined in the subparagraphs (a) through (c), you further agree to pay the actual damages suffered by FixoMate, including attorneys' fees and court costs, to the extent that such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, FixoMate reserves the right to seek the remedy of specific performance of any term contained herein or to seek a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
These Terms of Use, along with any other agreements, rules, and policies referred to and incorporated by reference, including but not limited to the Privacy Policy, collectively constitute the entire agreement between you and FixoMate. This agreement supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and FixoMate concerning the subject matter contained in these Terms of Use.
Please note that additional terms and conditions may exist between you and third parties, including but not limited to Service Providers and others. You represent and warrant that these third-party agreements do not interfere with your obligations and duties to FixoMate under these Terms of Use.
This section outlines the process for resolving disputes through arbitration between you and FixoMate:
1. Informal Negotiations: Before initiating arbitration or legal proceedings, you and FixoMate may attempt to resolve any dispute informally through negotiations. These negotiations will start upon written notice, and each party's address for such notices is as mentioned in this section.
2. Arbitration: If informal negotiations fail to resolve the dispute, you and FixoMate agree to use arbitration to resolve the dispute. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where applicable, the AAA's Supplementary Procedures for Consumer Related Disputes. The arbitration will be governed by the Federal Arbitration Act.
3. Excluded Disputes: Certain disputes are excluded from arbitration. These include disputes related to intellectual property rights, individual claims in small claims court, claims that federal statutes state cannot be arbitrated, and claims for injunctive relief.
4. Waiver of Class Actions: You and FixoMate agree that any dispute will be arbitrated on an individual basis and not as a class action or collective action. The Class Action Waiver prevents disputes from being heard as class or collective actions.
5. Rules/Standards Governing Arbitration Proceeding: The arbitration must be initiated within the applicable statute of limitations, and the arbitrator will apply the same statute of limitations as if the dispute had been brought in court. The arbitrator can only award remedies available to individual parties under the law. Civil discovery, witnesses, and evidence are allowed in arbitration. The location of arbitration will typically be in your city or county, unless both parties agree otherwise.
6. Severability: If any part of this arbitration agreement is found illegal or unenforceable, that portion will be severed, but the rest of the agreement will remain in effect.
This agreement to arbitrate disputes helps expedite resolution and reduce costs. It also ensures that disputes are resolved through arbitration rather than litigation.
This Agreement is governed by and construed in accordance with the laws of the State of Virginia, without considering any choice or conflict of law provisions or rules that would apply the laws of any jurisdiction other than the State of Virginia.
In the event that you breach any of the terms and conditions outlined in these Terms of Use, particularly in relation to reports or records on FixoMate, you acknowledge that the content in each report or record on FixoMate has significant value to the platform. You further understand that determining the precise damage caused to FixoMate as a result of such violations would be challenging.
As a result, you agree to be liable to pay FixoMate the following amounts as liquidated damages, and you acknowledge that these liquidated damages represent a reasonable estimation of FixoMate's damages for the specified breaches of these Terms of Use:
These miscellaneous provisions cover various aspects of the agreement, including breach remedies, enforceability, assignment, compliance with laws, and the relationship between you and FixoMate.