Terms and conditions of purchase and mobile application licence
PLEASE READ THESE TERMS CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON YOU AGREE TO THESE TERMS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON.
App: the “Fixzy Assist” or “Fixzy Repair” mobile application software, the data supplied with the software and any updates or supplements to it.
AppStore: the “Apple App Store” and “Google Play Store” and such other marketplaces as we may from time to time enable.
Company: Fixzy Limited (company number SC553148) (also referrd to as “we”, “our” and us) is a company registered in Scotland and our registered office is at 158 Lanark Road West, Currie, Scotland, EH14 5NY.
Documentation: the electronic documentation in relation to the App.
Service: the service you connect to via the App and the content we provide to you through it.
Site: our website at https://www.Fixzy.co.uk, including any service or content thereunder.
- Our contract with you
- Our contract. These terms and conditions (Terms) apply to the order by you for the purchase of the App and Service (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
- Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
- AppStore terms also apply. the ways in which you can use the App and Documentation may also be controlled by the applicable AppStore's rules and policies. Please ensure you read these rules and policies carefully.
- Operating system requirements. The App requires a Smartphone device with a minimum of [AMOUNT OF MEMORY] of memory and the [TYPE OF OPERATING SYSTEM] operating system [VERSION OF OPERATING SYSTEM].
- Placing an order and its acceptance
- Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the Site. Each order is an offer by you to buy the App and Service subject to these Terms.
- Accepting your order. Our acceptance of your order takes place when we send an email to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence.
- Cancelling your order
- You may have rights to cancel the Contract, however such rights will depend on whether there is anything wrong with the App or Service, how we are performing and when you decide to end the Contract.
- If the App is faulty or mis-described you may have a legal right to end the Contract.
- You will have no right to change your mind about the Contract once the App has been downloaded or you commence using the Service.
- Important Information about the App and the Service
- Descriptions and illustrations. Any descriptions or illustrations on our Site relating to the App or Service are published for the sole purpose of giving an approximate overview of the App and Service. They will not form part of the Contract or have any contractual force.
- How you may use the App, including how many devices you may use it on. In return for your agreeing to comply with these Terms you may:
- download or stream a copy of the App onto your Smartphone device and view, use and display the App and the Service on such devices for your personal purposes only.
- use any Documentation to support your permitted use of the App and the Service.
- provided you comply with the App License Restrictions set out at clause 6, make up to one copy of the App and the Documentation for back-up purposes only; and
- receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
- You must be 18 or over to accept these Terms and buy the App.
- You may not transfer the app to someone else. We are giving you personally the right to use the App and the Service as set out above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
- Update to the app and changes to the service. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
- If someone else owns the phone or device you are using. If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
- We may collect technical data about your device. By using the App or the Service, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Service to you.
- We may collect location data (but you can turn location services off). Certain Services will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates' and licensees' transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may stop us collecting such data at any time by turning off the location services settings on your device.
- We are not responsible for other websites you link to. The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
- App License Restrictions
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things; and
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
- Where to find our charges. You must pay our charges (Charges) in accordance with this clause 7. The Charges are the prices provide to you at the time you submit your Order. Our Charges may change from time to time, but changes will not affect any order you have already placed.
- VAT. Our Charges are exclusive of VAT.
- What happens if we get the price wrong. It is always possible that, despite our reasonable efforts, the Charges for the App or the Service may be incorrectly priced on our Site. Where the correct price for the App or Service is less than the price stated on our Site, we will charge the lower amount. If the correct price for the App or Service is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing your purchase at the correct price or cancelling your Order. We will not process your Order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel the Order and refund you any sums you have paid.
- When you must pay and how you must pay. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. You must pay for the App and any Service before you download them.
- Acceptable Use Restrictions
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
- Intellectual Property Rights
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
- Our responsibility for loss or damage suffered by you
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
- When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from or in connection with the use of the App.
- Limitations to the App and the Service. The App and the Service is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
- Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
- Check that the App and the Service are suitable for you. The App and the Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described on the AppStore site and in the Documentation) meet your requirements.
- We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.
- We may end your rights to use the App and the Service if you break these terms
- We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
- If we end your rights to use the App and Services:
- You must stop all activities authorised by these terms, including your use of the App and any Service.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
- We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
- Assignation and transfer
- We may assign or transfer our rights and obligations under the Contract to another entity but will always notify you if this happens.
- You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
- Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
- Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
- Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
- Governing law and jurisdiction. The Contract is governed by Scots law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the Scottish Courts.
- Changes to these terms
- We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
- We will give you at least 30 days’ notice of any change by notifying you with details of the change or notifying you of a change when you next start the App.
- If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.
- Your Privacy
- Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
- Support for the App and how to tell us about problems
- Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources on the Site at http://fixzy.co.uk/.
- Contacting us (including with complaints). If you think the App or the Service is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [EMAIL ADDRESS] or call them on [TELEPHONE NUMBER].
- How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.