By accessing, browsing, or using our website, application, or other related services (collectively, the “Services”), you confirm that you have read, understand, and agree to be bound by these Terms of Use (“Terms”). If you do not agree with these Terms, you must immediately discontinue use of our Services.
These Terms incorporate by reference our Privacy Policy and any other guidelines or policies referenced herein. Certain features of our Services may be subject to additional guidelines, terms, or rules, which will be posted on relevant pages or communicated to you. Such additional terms are incorporated into these Terms by reference.
By using our Services, you consent to receiving electronic communications from us, including notices, agreements, and other information. You agree that any such communications we send you electronically satisfy any legal communication requirements.
Fixomate provides an online platform where user's can access certain features, content, and tools designed to facilitate [describe primary function(s)], subject to these Terms.
While we aim to provide accurate, reliable, and timely information, we do not guarantee that the Services will meet your specific requirements or expectations. All use of the Services is at your own risk, and results may vary depending on multiple factors, including your own skill, knowledge, and use of the Services.
We reserve the right to change or update these Terms at any time, at our sole discretion. When changes are made, we will revise the “Effective Date” at the top of these Terms. Material changes may be announced via prominent notice on our website, in-app notifications, or by direct email if we have your contact information.
Your continued use of our Services after any modifications to these Terms become effective constitutes your acceptance of those changes. We encourage you to periodically review this page to stay informed about our current Terms.
By using our Services, you represent and warrant that:
If you are creating an account on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, “you” and “your” as used in these Terms will refer to both you, the individual, and the entity you represent.
You agree that the information you provide to us is true, accurate, complete, and current at all times. Should your information change, you are responsible for promptly updating your account or notifying us.
You are responsible for obtaining and maintaining all equipment and services needed to access and use our Services, such as a compatible device, internet access, or data plan. You acknowledge that you may incur data charges or fees from third parties (e.g., internet providers), and any such fees are your sole responsibility
We may send notices and other information regarding our Services to the email address provided in your account or through notifications within the Services. It is your responsibility to keep your contact details current so that you can receive important updates and information about your use of the Services.
You shall not use the Services for any purpose that violates any laws, statutes, ordinances, or regulations, including but not limited to the posting or transmission of any material that infringes or violates third-party intellectual property rights or personal data protection laws.
You agree not to engage in any behavior that could disrupt, disable, or damage the operation of our Services, including:
Uploading viruses, Trojan horses, or other malicious code. Hacking, phishing, or attempting to gain unauthorized access to accounts, systems, or networks. Interfering with other user's’ ability to access or enjoy our Services.
You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity when using the Services. Creating accounts or providing information under false pretenses is strictly prohibited.
You may not harvest, scrape, or collect user data without their informed consent or engage in automated data collection methods (e.g., robots, spiders) designed to extract data from our Services, unless explicitly permitted in writing by us.
All content, software, text, visuals, images, graphics, logos, trade names, trademarks, service marks, and other materials available through our Services (collectively, “Content”) are owned or licensed by Fixomate or its licensors. Unless otherwise stated, Fixomate retains all intellectual property rights to its Content.
Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use our Services for personal or internal business purposes. You agree you shall not copy, distribute, reproduce, display, sell, or otherwise exploit any Content without our prior written consent.
All information, content, and services provided through Fixomate are provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, about the operation of the Services or the information, content, materials, or products included therein.
Fixomate does not warrant or guarantee:
Your use of the Services is entirely at your own risk. Any reliance you place on the content or functionality provided is strictly at your own discretion. We expressly disclaim liability for any losses or damages arising from your use of—or reliance on—our Services.
We do not guarantee any specific results or outcomes from the use of our Services. All performance or success indicators are illustrative only and depend on numerous factors outside our control, such as user diligence, technical environment, third-party integrations, or market conditions.
Our Services may contain links to third-party websites or services that are not owned or controlled by Fixomate. Any third-party content, links, or services provided are for informational purposes only. We do not endorse, warrant, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services.
To the fullest extent permitted by applicable law, Fixomate, including its affiliates, officers, directors, employees, or agents, shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever (including, without limitation, damages for loss of profits, revenues, business opportunities, goodwill, or data) arising out of or related to:
To the fullest extent permitted by law, Fixomate’s total cumulative liability arising out of or related to these Terms, whether in contract, tort, or otherwise, shall not exceed the amount you paid (if any) to Fixomate for access to or use of the Services in the twelve (12) months immediately preceding the event giving rise to such liability. If no fees have been paid, our total liability shall not exceed one hundred Australian dollars (AUD 100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, our liability shall be limited to the greatest extent permitted by law.
You agree to defend, indemnify, and hold harmless Fixomate and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way related to:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification. In such cases, you agree to cooperate with our defense of that claim.
We may, at our sole discretion, suspend or terminate your account (or any part thereof) or access to the Services without prior notice if:
You may stop using the Services at any time. If you wish to delete your account, you may do so by contacting our customer support or using available account deletion features. Termination of your account shall not relieve you of any obligations that arose prior to such termination.
Upon termination of your account, you lose all access to the Services. Any licenses granted to you by Fixomate under these Terms will immediately terminate. Certain sections of these Terms (e.g., Limitation of Liability, Indemnification, and Governing Law) will survive termination.
These Terms and any dispute related to them or our Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Fixomate is headquartered (currently, Australia), without regard to conflict-of-law principles
Any claims or legal proceedings arising out of or relating to these Terms or your use of the Services will be brought exclusively in the appropriate courts located in the jurisdiction where Fixomate is headquartered, unless otherwise specified by applicable law. You consent to the personal jurisdiction of such courts and waive any objections on the grounds of venue or forum non conveniens.
In the event of a dispute arising under or relating to these Terms, you agree to first contact our customer support team to attempt to resolve the dispute informally. We will make reasonable efforts to respond to your concerns and negotiate a resolution in good faith.
If the parties cannot resolve the dispute informally within a reasonable time (not to exceed 30 days), and if required or permitted by local law, disputes may be settled by binding arbitration under the rules of an established arbitration body, such as the Australian Centre for International Commercial Arbitration (ACICA). Any arbitration shall occur on an individual basis, and class arbitrations are not permitted.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a court of competent jurisdiction if a dispute involves an imminent threat to intellectual property or proprietary rights.
Fixomate reserves the right at any time and from time to time to modify, temporarily or permanently, the Services (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.
We may perform scheduled or emergency maintenance on the Services at any time. During maintenance, some or all aspects of the Services may be unavailable. We aim to minimize disruptions but do not guarantee uninterrupted access.
These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Fixomate regarding the subject matter herein and supersede all prior discussions, negotiations, or agreements, whether written or oral.
If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be deemed modified or severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other provision.
You may not assign or transfer any rights or obligations under these Terms without prior written consent from Fixomate. Fixomate may freely assign these Terms in their entirety.
No joint venture, partnership, employment, or agency relationship exists between you and Fixomate as a result of these Terms or your use of the Services.
Fixomate shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, such as natural disasters, war, terrorism, riots, embargoes, government actions, labor disputes, or internet service disruptions.
If you have any questions, concerns, or requests regarding this Privacy Policy or our data protection practices, please reach out to us:
We welcome your inquiries and will make every effort to address your concerns promptly and effectively.