Terms and Conditions
Effective date: 1 JAN 2023
1.
Who we are
1.1
We are Arri Tech
Ltd. Our company information is at the end of this document.
2.
What this is all
about
2.1
These are our terms and conditions which apply to our Service
(explained below). They’re available in English only.
We’ve tried to make them user-friendly but please note that the
summaries/explanations for each section in capitals aren’t a substitute for the
rest of the text. Please
read the entire document carefully and contact us if anything is unclear.
Please save a copy as we don’t file a copy specifically for the transaction
with you.
2.2
Where you
communicate with us on behalf of an organisation, you promise that you have
authority to do so.
3.
Some definitions
THIS SECTION EXPLAINS WHAT CERTAIN WORDS MEAN WHEREVER THEY ARE USED WITH
A CAPITAL LETTER IN THIS DOCUMENT
·
“App” – the iFixxer
mobile application.
·
“Consumer” - an individual acting for purposes which are wholly or
mainly outside that person’s trade, business, craft or profession.
·
“Customer” – a
User who uses our Service for the purpose of buying Trader Services.
·
“Content” - all
information of whatever kind displayed, stored or sent on or via our Service.
·
“Service” – the
platform service we offer by means of our website, our App and any related
services.
·
“Store Rules” – any applicable rules, policies or terms of the
relevant Store.
·
“Trader” – a User
who uses our Service for the purpose of supplying Trader Services to Customers.
·
“Trader Services”
– the services offered and goods sold by Traders on our Service.
·
“Trader Services
Contract” – a contract to buy/sell Trader Services.
·
“User” - people
or organisations using our Service (whether or not registered with us).
4.
How you enter a
legal contract with us
THIS
SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US
4.1
By registering on
our Service, you enter a legal contract with us to use our platform Service (which is different from the Trader Services Contract
between Trader and Customer – see below). Alternatively,
if you first download our App, you enter into a legal contract with us at that
point.
4.3
We reserve the
right in our discretion for any lawful reason to refuse any request to use our
Service.
4.4
By browsing any
part of our Service that does not require registration, you are also bound by
these terms to the extent they are relevant.
5.
Changing these
terms and conditions
THIS SECTION EXPLAINS HOW AND WHEN WE CAN CHANGE THESE TERMS AND WHAT YOU
CAN DO IF YOU DISAGREE
5.1
We may change
these terms and conditions by posting the new version on our website and, if the changes are
important, by sending you an email
or other message. We will give you reasonable
notice before they take effect.
6.
Your right to use
our Service
THIS SECTION
SETS OUT THE EXTENT TO WHICH YOU ARE ALLOWED TO USE OUR SERVICE
6.1
We grant you a
limited personal non-transferable right to use our Service on any applicable
device owned or controlled by you (only Apple-branded if
you download our App from Apple) subject to these terms and conditions and,
where applicable, in accordance with the Store Rules.
6.2
You must not use,
or attempt to register on, our Service if you:
·
are under 18{;
·
live outside the UK; or
·
have been
convicted of any offence, or subject to any court order, relating to assault,
violence, sexual misconduct, harassment or dishonesty.
7.
Behaviour when
using our Service
THIS
SECTION EXPLAINS THE BEHAVIOUR AND OTHER REQUIREMENTS TO USE OUR SERVICE
7.1
You agree not to
do any of the following in connection with our Service:
·
break the law or
infringe anyone else’s rights;
·
send, store,
display or link to unlawful, infringing or otherwise inappropriate Content;
·
victimise or
harass other people;
·
use offensive,
obscene, abusive, discriminatory or other inappropriate language or images;
·
deceive or
mislead anyone;
·
send, store,
display or link to any Content that includes
someone else’s personal information unless that person is 18 years or over and you have
obtained their written consent or you are otherwise legally permitted to do so;
·
use our Service
to help you compete with us or to infringe our rights;
·
disrupt our
Service, e.g., spam, viruses or phishing;
·
intercept or
modify communications;
·
impose an
unreasonable load on our Service;
·
deliberately
exploit any bugs found within our Service;
·
get around any
security features including those designed to stop copying of Content; or
·
attempt,
encourage or assist any of the above.
7.2
You agree to:
·
comply with the
guidance/requirements on our Service; and
·
cooperate
reasonably with us in relation to our Service.
7.3
You agree to ensure
that any contact or other information that you supply to us is accurate and not misleading and you will tell us if there are any
important changes.
8.
Providing or
Receiving Trader Services
THIS SECTION EXPLAINS THE DIFFERENCE BETWEEN
YOUR PLATFORM CONTRACT WITH US AND YOUR TRADER SERVICES CONTRACT WITH OTHER
USERS. IT ALSO SETS OUT SOME IMPORTANT ASPECTS OF THE TRADER SERVICES CONTRACT
AS WELL AS OUR ROLE IN FACILITATING THAT CONTACT.
Forming a Trader Services
Contract
8.1
Our Service is a neutral platform where independent Traders can
arrange to supply Trader Services to Customers. We do not supply those goods or
services ourselves. A Trader Services Contract is formed if and when (within
any specified timescale) the Customer accepts an offer from a Trader to supply
the requested Trader Services, including any applicable terms in this document
as well as any relevant
job requirements (whether applying to Trader or Customer) stated in the order
process on our Service. The contract is cancelled if the Customer rejects the Trader via our
Service within whatever timescale we specify.
8.2
If no Trader makes an offer by whatever deadline we consider
appropriate, the job is cancelled, and we will make a full refund to the Customer
if we have already taken payment from the Customer.
8.3
We are not a party to the Trader Services Contract itself. You
acknowledge that any legal claim arising from breach of the Trader Services
Contract is against the other party to the Trader Services Contract and not
against us. You also separately agree with us that you will comply with each Trader
Services Contract.
8.4
If you are the Trader,
you accept that the terms of the
Trader Services Contract (i.e., insofar as stated on our Service) may not be up to date or legally
compliant or otherwise suitable for your circumstances and that our Service may not enable you to
comply with all laws and regulations that apply to your Trader Services. It is your responsibility to satisfy yourself about
such matters including by taking legal advice if appropriate and to take out insurance to protect yourself if
appropriate. We are not responsible for any losses arising from your use of
the Trader Services Contract.
8.5
You agree that we
are entitled at any time to end or suspend any Trader Services Contract by giving notice by email, SMS and/or in-app message if we consider that either party has broken this platform contract, or this platform
contract ends, or it is necessary to protect either party. If so, we will refund to the Customer any payment made for
unused Trader Services subject any deduction that we consider reasonably
appropriate.
Dealings
8.6
You agree to deal with other Users in a polite and courteous manner and to respond promptly to communications from other Users.
8.7
You agree to cooperate reasonably with the Customer/Trader
and to supply information that they reasonably request.
8.8
The Trader agrees that in connection with supply of Trader Services to
the Customer:
·
it has and will maintain the necessary abilities (including licenses,
permissions, qualifications, skills, training, expertise);
·
it will supply
the Trader Services with reasonable skill and care;
·
it will comply with all applicable laws and regulations (including
data protection) and will not infringe any third party rights;
·
it will take out and maintain reasonably
appropriate insurance to protect the Customer and others; and
·
the Trader is
responsible for using its own tools to perform the Trader Services.
8.9
Unless otherwise
stated on our Service, the Trader agrees to use the Service for Trader Services
that are reasonably capable of being performed on a single day.
8.10
The Customer is
responsible for providing a reasonably safe environment for the Trader to
supply the Trader Services.
Payment by Customers
8.11
The Customer must pay us the price for Trader Services in advance on
behalf of the Trader as shown on our Service, which includes any applicable
VAT. You authorise
us and our payment provider to charge your payment card for the relevant
amounts when payments are due in accordance with this agreement.
Customers’
legal right to cancel the Trader Services Contract (“cooling off”)
8.12
If you are a
Consumer, you may have the right to cancel the Trader Services Contract as further explained in the Annex at the end of this document. The Trader acknowledges that it is bound by
and agrees to comply with these provisions.
8.13
You lose the
right to cancel contracts for the supply of services which have been fully
performed, i.e., completed.
8.14
You have no right
to cancel contracts for the supply of goods made to
your specifications, or which are clearly personalised. Also, you lose the right to cancel sealed
goods which are not suitable for return due to health protection or hygiene
reasons, if they become unsealed after delivery.
8.15
Double glazing: In most cases you won’t have the legal right to
cancel your contract to buy double glazing because such products are generally
customised. However, traders nonetheless agree that customers are allowed to cancel
double glazing contracts by emailing us or the trader within 24 hours of
placing the order.
Cancellation of bookings
by the Customer
8.16
Separately from (and without affecting) any cooling off rights, the Customer
can cancel a booking at any time by giving notice via our Service. If so, the Customer
may be entitled to a refund in accordance with our cancellation policy .
Cancellation of bookings
by the Trader
8.17
The Trader is entitled to cancel a booking at any time by giving
notice via the Service if there are exceptional reasons (and we are entitled to
require proof). If the Trader does cancel, we will refund the Customer payment
to the Customer in full. We also reserve the right to apply a negative review
to the Trader in respect of that booking.
On arrival
8.18
The Customer is
responsible for generating and providing a one-time password to the Trader, who
is responsible for entering this into the Service to confirm that the job has
started.
Completion
of job – VERY IMPORTANT
8.19
It is the
responsibility of the Trader to confirm via our Service when the job is
complete. The Customer has the number of hours stated on our Service following
this confirmation to raise a dispute via our Service. If no dispute is raised,
then we are entitled to release the payment to the Trader.
Disputes
8.20
If a dispute is
raised during the above dispute period, we are entitled to adjudicate on the
dispute if we wish. If so, our decision will be final. Our adjudication will
relate only to allocation of the Customer payments held by us and not any wider
aspect of the dispute. We are entitled to allocate a full refund to the Customer,
to make full payment to the Trader or to split the payment between the parties
as we consider appropriate. Both parties agree to provide reasonable
co-operation including supply of any photos or documents that we reasonably
request. We are entitled to set or extend any deadlines we consider appropriate
whether to allow the parties to try and resolve the dispute themselves, to
require production of information, to make our decision or otherwise. We have
no legal liability to either party in relation to our role as adjudicator.
Complaints
8.21
If you have any complaint about another User, you must tell us
immediately by email. We may in our
discretion help to try and resolve the dispute, but we do not promise to get
involved.
Payment to Traders
8.22
Provided you have complied with your contract with us, we will take
reasonable steps to pay you by whichever payment method we use the amount of
the payment received from the Customer less any deductions mentioned below. We will pay you within 7 days following completion of the job (or
any alternative period we decide) or, if applicable, following resolution of
any dispute (if we decide to make a payment to you).
8.23
We are entitled to deduct our fee plus any applicable VAT from any
payment to you. We may at any time change the amount of our fee. If so, we will
give you notice by email, SMS or in-app message. Any orders made after that
notice will be subject to our new fees.
8.24
We are entitled in our discretion to refund to the Customer on your
behalf all or part of the Customer payment insofar as the Customer makes a
complaint or raises a dispute or cancels the order within any applicable
cancellation period or if we otherwise consider it appropriate to make such a
refund in our discretion (which may be based on any cancellation policy which
applies at that time). You are liable to pay any appropriate refund direct to
the Customer if the relevant Customer payment has already been paid to you.
8.25
We are entitled to deduct from any payment due to you the amount of
any chargeback which has arisen or which we consider is likely to occur
(irrespective of whether the chargeback relates to the payment currently due).
You agree to pay to us immediately on demand the amount of any chargeback
relating to a payment which we have paid to you.
8.26
You are responsible for making up any shortfall arising from charges
made by your bank.
8.27
You are responsible for taking your own tax advice and for charging
and accounting for any VAT or other taxes due on sales made to Customers. We
are only responsible for accounting for any VAT on our fee that we charge to
you. If we say so on our Service, you must agree to a self-billing
agreement in order to offer Trader Services on our platform.
Not circumventing our
platform
8.28
You agree not to use our platform with a view to dealing with other
Users outside the platform.
For Traders only
8.29
You accept that use of our Service of itself may not necessarily
enable compliance with all applicable laws and regulations concerning the Trader Services Contract and the Trader Services.
8.31
You accept that
we do not guarantee that use of our Service will generate any particular level
of revenues or suitable enquiries.
9.
Your Content,
e.g., profiles and reviews
THIS SECTION
CONTAINS CERTAIN PROMISES BY YOU REGARDING YOUR CONTENT AND GIVES US SOME
RIGHTS INCLUDING TO REMOVE/DELETE/DISCLOSE THE CONTENT IN CERTAIN CIRCUMSTANCES
9.1
You are
responsible for your Content.
9.2
You agree that
you have (and will keep) all rights needed to enable us to use your Content as
contemplated by the Service and these terms and conditions.
9.3
If you post a review,
you promise that it is your independent, honest, genuine opinion.
9.4
We are entitled
(without telling you or giving you a refund) to reject, suspend, alter, remove
or delete Content or to disclose to the police or other relevant authorities or
to a complainant any Content or behaviour if it is the subject of complaint or
where we have reason to believe that it breaches our terms and conditions, or
that such steps are necessary to protect us or others, or that a criminal
offence may have been committed, or where required by law or where requested by
the police or other appropriate authorities, or if we
consider that Content does not meet our quality standards.
9.5
We are not
legally responsible if your Content is misused by others. You must take
reasonable care when deciding which Content to display on or send via our
Service.
9.6
We may place
advertisements near or within your Content. If so, we retain all revenue from
such advertisements.
9.7
It is your
responsibility to make your own frequent backups of Content if you want
protection if it is lost or damaged. We are not responsible for such loss or
damage.
9.8
Uninstalling the
App may result in deletion of all Content on your device.
Trader
listings
9.9
We are entitled
without notice to edit the text or layout of your listing to ensure it complies
with our terms and conditions and otherwise in accordance with how we think
your presence should appear on our Service. Even if we edit your listing, you
remain solely responsible for it, so please monitor it carefully.
10.
Dealing with
other Users
THIS SECTION INCLUDES IMPORTANT WARNINGS ABOUT YOUR
DEALINGS WITH OTHER USERS AND WHAT TO DO IF YOU ENCOUNTER MISBEHAVIOUR
10.1
We don’t endorse
or recommend any Users or their Content. You deal with other
Users at your own risk. We are not legally responsible for the accuracy of, or
otherwise in relation to, any such Content or for any dealings between Users.
Don’t assume that any Content from another User is accurate and be aware that
people may not be who they claim to be.
10.2
While we may make
some limited enquiries about Traders, such as asking them to verify their
identity, we don’t promise to do so. In any case, we cannot guarantee that any
information provided to us or included in a profile is or remains accurate. You
rely on such information at your own risk.
10.3
You contract and
deal with Traders at your own risk. Please ask them to verify their background
and any claims which are relevant to your selection. Alternatively, please
contact us so that we can help you obtain further information.
10.4
If you encounter any inappropriate Content or behaviour or if you have
any concerns for your safety, you agree to immediately (1) terminate/leave any
visit and stop communicating with the other person and (2) tell us. Please also use any available blocking mechanisms
and seek relevant external help If appropriate (e.g., from law enforcement
authorities).
Reviews
10.5
You acknowledge
that we permit Users to post public reviews about you and/or your services. We
are not responsible for monitoring or editing reviews. You acknowledge that
such reviews may be critical or defamatory of you.
11.
Other peoples’
services / advertising / websites
THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR ADVERTISING
ETC BY OTHER PEOPLE ON OUR SERVICE
11.1
We may display
other peoples’ services, advertising and/or links to other websites. We do not
recommend or endorse, nor are we legally responsible for, any of these. You use them at your own risk.
12.
Our guidance
THIS SECTION EXPLAINS THAT YOU RELY ON ANY GENERAL GUIDANCE
BY US AT YOUR OWN RISK
12.1
If we ourselves
provide any general guidance or other similar information on or via our
Service, we do not guarantee that it is accurate or up to date or relevant to you and we do not accept legal
responsibility for it. Before acting on such information, you must make your
own appropriate and careful enquiries including as to its accuracy and
suitability for your purposes. The
information is not intended as professional or other advice and is not tailored
to your personal circumstances. Nor is it intended to be a substitute for
possession of an appropriate level of training, qualifications, skill and
experience in the matters covered. You rely on such information at your
own risk.
13.
If you create an
account on our Service
THIS SECTION TELLS YOU ABOUT OBLIGATIONS AND
RESTRICTIONS THAT APPLY WHEN YOU SET UP AN ACCOUNT INCLUDING YOUR
RESPONSIBILITY FOR OTHERS WHO USE YOUR ACCOUNT
13.1
Unless otherwise
specifically stated on our Service, your account is for your personal use only.
You must not allow any other person to use your account unless we specifically
say otherwise. You agree to take reasonable care
to keep your login information confidential and to tell us immediately of any
apparent breach of security such as loss or misuse of a password. You are responsible for other people who use
your account or identity (unless and to the extent that we are at fault).
14.
Support
THIS SECTION EXPLAINS IF WE
OFFER SUPPORT AND, IF SO, ANY RESTRICTIONS THAT APPLY
14.1
The Service includes support only
if we specifically say so within the Service and, if so, by the specified
contact methods.
Any support service is only intended to address configuration and proper use
of, or any errors or interruptions arising from, our Service.
14.2
You acknowledge
that the Store has no obligation to supply any maintenance and support services
in relation to the App.
15.
Ending or
suspending this contract
THIS SECTION EXPLAINS WHEN
AND HOW YOU OR WE CAN END (OR SUSPEND) THE CONTRACT AND, IF SO, WHAT HAPPENS.
15.1
You are entitled
to end this (platform) contract at any time by emailing us to the email address
shown below and,
if you are an App User, by uninstalling the App from all of your devices.
15.2
We are entitled
to end this contract or suspend part or all of our Service or impose restrictions on our Service if:
·
you become
bankrupt or go into liquidation or similar or become insolvent;
·
you repeatedly cancel bookings for Trader Services;
·
you are subject to more than one negative review on our Service;
·
any fees payable by you are unpaid or unjustifiably charged back;
·
acting
reasonably, we think that it is necessary to protect you, us or others;
·
you or anyone on
your behalf acts inappropriately towards us or our staff.
15.4
We are entitled
at any time to end this contract if we terminate our Service as a whole if in our reasonable opinion it is necessary to do so for
security, technical or operational reasons.
15.5
If this contract
ends:
·
It still continues insofar as necessary to facilitate any pending Trader
Services Contracts you entered into before termination unless
we end those contracts, in which case we will refund the applicable payment to the Customer
subject to any deduction which we consider reasonably appropriate.
·
Subject to the above, your right to use our Service and all licences are
terminated.
·
We are allowed to delete your Content without telling you.
·
Existing rights and liabilities are unaffected.
·
All clauses in
this contract which are stated or intended to continue after termination will
continue to apply.
·
After the end of
the contract, we may retain access to information provided or generated by Traders
and Customers in order to deal with disputes, enforce our terms and conditions
or manage or improve our Service generally. See our Privacy Policy. for more
information about our retention of personal information.
16.
If our Service
doesn’t work properly
THIS SECTION EXPLAINS THAT WE DON’T PROMISE THAT OUR
SERVICE WILL BE ERROR-FREE
16.1
We do not guarantee that the Service will be uninterrupted or
error-free.
16.2
We are entitled
without notice and without liability to suspend the Service for repair,
maintenance, improvement or other technical reason.
16.3
You acknowledge that technology is not always secure and you accept the
risks inherent in use of the Internet or other technology for the purpose of
the Service.
THIS SECTION EXPLAINS THAT WE DON’T GUARANTEE OUR APP IS OR WILL REMAIN
COMPATIBLE WITH YOUR DEVICE
17.1
We do not
guarantee that the App is or will be compatible with any particular mobile
devices or associated operating systems (OS’s). You acknowledge that the supplier
of the device or OS may issue an update that causes our App to stop working. We may issue App updates through the Store; if so,
you may not be able to use our App properly or at all until you have downloaded
the update, which may be subject to agreement to new terms and conditions. It
is your responsibility to frequently monitor for App updates and to install
them as soon as they become available.
18.
Restrictions on
our legal responsibility – very important
18.1
Nothing in this
agreement in any way limits or excludes our liability for negligence causing
death or personal injury or for fraud or fraudulent misrepresentation or for
anything which may not legally be excluded or limited. In this section, any
reference to us includes our employees and agents, who
have the right to enforce this agreement.
18.2
If you are a Consumer, we shall not
be liable for any loss or damage where:
·
there is no
breach of a legal duty owed to you by us;
·
such loss or
damage was not reasonably foreseeable (meaning it was not an obvious
consequence of our breach or not contemplated by you and us at the time we
entered into this contract);
·
(and to the
extent that) such loss or damage is your fault, for example by not
complying with this agreement; or
·
such loss or
damage relates to a business of yours.
18.3
If you are a Consumer, you will be responsible to us for any reasonably foreseeable loss or
damage we suffer (including claims made by other people) resulting from your
breach of this agreement or misuse of our Service.
18.4
The following clauses apply only if you are not a
Consumer:
·
In no event
(including our own negligence) will we be liable for any of the following (even
if we have been advised of the possibility of any such losses): economic losses
(including, without limit, loss of revenues, profits, contracts, business or
anticipated savings); or loss of goodwill or reputation; or special, indirect
or consequential losses; or damage to or loss of data.
·
You will
indemnify us against all claims and liabilities arising out of or in connection
with your use of the Service and/or breach of this agreement (except insofar as
we are at fault).
·
This agreement
constitutes the entire agreement between us with respect to its subject matter
and supercedes any previous communications or agreements between us. We both
acknowledge that there have been no misrepresentations and that neither of us
has relied on any pre-contractual statements. Liability for misrepresentation
(excluding fraudulent misrepresentation) relating to the terms of this
agreement is excluded.
19.
Intellectual
property rights (IP)
19.1
You remain the
owner of the IP in any Content you provide to us for display on our Service. You allow us, at no cost and for so long as this
contract lasts (or forever in the case of your reviews), to use and adapt all
or part of such material however we wish on our Service. You waive your “moral
rights” in relation to such Content to the extent legally allowed. You also allow each User to use your
Content in accordance with these terms and conditions. You give us the right to
take any legal action we think necessary if there is an infringement of the
intellectual property rights in your Content.
19.2
If you are a Trader: You retain ownership of your
logos, trade marks and brand names. You are entitled to make your trading
identity visible on our Service but subject to how we think your presence
should appear.
19.3
We and/or our
partners own the IP in all Content (excluding your Content and that of other
Users) used on or in connection with our Service. You may view such material on
your device for your personal, private and internal
business use only. You must not otherwise use such material including
copying, publishing (on the Internet or otherwise), selling or adapting it or
taking extracts from it unless we specifically say so in writing (except to the
extent specifically allowed by this agreement). You must not
misrepresent the ownership or source of such material, for example by changing
or removing any legal notices or author attributions.
19.4
Just to be clear
- you must not collect, scrape, harvest, frame or deep-link to any Content on
our Service without our specific prior written consent.
THIS
SECTION DIRECTS YOU TO OUR PRIVACY POLICY
20.1
You agree that we can deal with your personal information in
accordance with our Privacy Policy .which may change from
time to time.
20.2
You acknowledge
that we do not supply Traders with access to any personal or other information
provided to us or generated by use of our Service other than Customer contact
information to enable Traders to fulfil orders or as otherwise explained on our
Service or our Privacy Policy. We do not share any such information with anyone else
except insofar as this is necessary for the proper functioning of our Service.
21.
Things we can’t
control
THIS
SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”
21.1
We are not liable
for failure to perform or delay in performing any obligation under this
agreement if the failure or delay is caused by any circumstances beyond our
reasonable control including third party telecommunication failures and
epidemics/pandemics.
22.
Transferring this
contract to someone else
22.1
We may transfer
all or part of our rights or duties under this agreement provided we take
reasonable steps to ensure that your rights under this agreement are not
prejudiced. As this agreement is personal to you, you may not transfer any of
your rights or duties under it without our prior written consent.
23.
English law and
courts
THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND
WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE
23.1
This contract is
under English law and any disputes will be decided only by the courts of the
United Kingdom. If you are a
Consumer, you will benefit from any mandatory provisions of the law of the
country in which you are resident. Nothing in these terms and conditions
affects your rights as a Consumer to rely on such mandatory provisions of local
law.
24.
General
THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION
ABOUT HOW THIS CONTRACT WORKS
24.1
We may send all
notices under this agreement by email to the most recent email address you have
given us. You can send notices to our email address shown below. Headings used in this agreement are for information
and not binding. If any part of this agreement is ineffective or unenforceable
for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by
the other, it can still be actioned later. A person
who is not a party to this agreement can’t enforce it unless the agreement says
otherwise. The parties are independent contractors
and, except as otherwise specifically stated above, nothing in this agreement
make any party as agent, employee or representative of the other.
25.
Extra legal terms
THIS SECTION CONTAINS SOME
ADDITIONAL LEGAL TERMS REQUIRED BY APPLE
25.1
In the event of
any third party claim that the App or your possession and use of the App
infringes that third party’s intellectual property rights, we, not the Store,
will be solely responsible for the investigation, defence, settlement and
discharge of any such intellectual property infringement claim.
25.2
The following
applies where Apple Inc is the Store:
·
In the event of
any failure of the App to conform to any applicable warranty, you may notify
Apple, and Apple will refund the purchase price for the App (if applicable). To
the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the App, and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to
conform to any warranty will be our sole responsibility subject to these terms
and conditions.
·
We, not Apple,
are responsible for addressing your claims or the claims of any third party
relating to the App or the end-user’s possession and/or use of that App,
including, but not limited to: (i) product liability claims; (ii) any claim
that the App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection, privacy or
similar legislation including use of HealthKit and HomeKit frameworks.
25.3
You acknowledge
and agree that the Store, and the Store’s subsidiaries, are third party
beneficiaries of this agreement, and that the Store will have the right (and
will be deemed to have accepted the right) to enforce this agreement against
you as a third party beneficiary thereof.
25.4
You agree that
(i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S. Government list of
prohibited or restricted parties.
26.
Complaints
26.1
If you have any
complaints, please contact us via the contact details shown below.
27.1
Company name: Arri
Tech Ltd
27.2
Trading name: “iFixxer”
27.3
Country of
incorporation: England and Wales
27.4
Registered
number: 13784390
27.5
Registered office
and contact address: 9 Telford Road, Southall, Middlesex, UB1 3JG, UK.
27.6
Contact email
address: info@ifixxer.com
27.7
Other contact
information: See our website/contact page
CUSTOMER LEGAL RIGHT TO CANCEL THE TRADER
SERVICES CONTRACT
The following applies if you are a
Consumer and have the legal right to cancel the Trader Services contract (as
explained above).
Right to
cancel
1.
You have the
right to cancel the contract within 14 days without giving any reason.
2.
The cancellation
period will expire after 14 days from the day when the Trader enters a legal
contract with you (i.e., when the Trader accepts your job.)
If the contract involves the supply of goods, the cancellation period ends after
14 days from when you receive the goods (or the last item if they are delivered
separately).
3.
To exercise the
right to cancel, you must inform Arri Tech Ltd of 9 Telford Road, Southall, Middlesex, UB1 3JG, UK (email address above) on behalf of the Trader of your decision
to cancel the contract by a clear statement (e.g., a letter sent by post or
e-mail). You may use the model cancellation form below but it is not
obligatory.
4.
To meet the
cancellation deadline, it is sufficient for you to send your communication concerning
your exercise of the right to cancel before the cancellation period has
expired.
Effects of cancellation
5.
If you cancel the
contract, the Trader will reimburse to you all payments received from you. If
the contract involves the supply of goods: The Trader may make a deduction
from the refund for loss in value of any goods supplied, if the loss is the
result of unnecessary handling by you. You are only liable for any reduced
value of the goods resulting from handling that goes beyond what is necessary
to establish the nature, characteristics and functioning of the goods.
6.
The reimbursement
will be made without undue delay, and not later than 14 days after the day on
which we are informed about your decision to cancel the contract. In the
case of goods: The deadline is 14
days after the Trader receives the goods back or (if earlier) 14 days after the day you provide evidence that you
have returned the goods).
7.
The reimbursement
will be made using the same means of payment as you used for the initial
transaction, unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of the reimbursement. In the case of goods:
The Trader may
withhold the refund until it has received goods back or you have supplied
evidence of having sent back the goods, whichever happens first. You must send back the goods or hand them over to the Trader at
its contact address without undue delay and in any event not later than 14 days
from the day you send us your cancellation of the contract. The deadline is met
if you send back the goods before the 14 days has expired.
8. If you requested the Trader to begin the performance of services during the cancellation period, you shall pay the Trader an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.