Privacy-Policy

Membership and Accessibility

1. License to Access

   Fixma grants you a non-exclusive, revocable right to use the website according to the Terms of Use, with certain conditions. You agree to not replicate, distribute, or create derivative works of the website without Fixma's explicit written consent. You will not modify the website beyond what is necessary for its intended use. Your actions must comply with these Terms of Use and all applicable laws.

2. Membership Eligibility Criteria

   Only individuals who are at least 18 years old and capable of forming legally binding contracts may use the website. By using the website, you confirm that you are at least 18 years old, your registration information is accurate, and your use complies with all applicable laws. Accounts may be terminated if you are found to be under 18 or not adhering to legal requirements. If you are under 18, it is assumed that these Terms have been agreed to and acknowledged by your guardian or parent, who will be responsible for any breaches.
   To access and participate in certain website features, you must create a password-protected account. Account creation requires your name and contact information. Providing additional information is optional but can enhance your experience. You can also use existing social media accounts for registration.
   You are responsible for maintaining the confidentiality of your account passwords and for all activities under your account. You must immediately notify Fixma of any unauthorized use of your account. You may not use someone else's account without permission.
   You, not Fixma, are liable for losses or damages caused by unauthorized account use.
   However, you may be responsible for Fixma's or others' losses due to such unauthorized use. As a Registered User, you agree to the following Account Policies:

   • Do not copy or distribute any part of the website without prior written approval from Fixma.
   • Alter the website only as necessary for its intended use.
   • Provide and maintain accurate, current, and complete information for your account.
   • Do not use automated systems like robots or spiders to access the website without Fixma's permission.
   • Do not overload Fixma's servers more than what a human using a standard web browser would in the same time frame. Public search engines can use tools to create indices of the site's content, but not for caches or archives.
   • Do not solicit Fixma's Service Providers or Users for external business without Fixma's explicit permission.
   • Avoid actions that excessively burden the website's infrastructure, interfere with its operation, or bypass its access restrictions.
   • Refrain from collecting user information from the website for commercial solicitation.

3. Additional Policies

   Accessing, using, and participating on the Fixma website is governed by the Terms of Use, as well as Fixma's additional regulations, guidelines, and policies, which may be updated periodically. This includes, but is not limited to, a copyright policy and other limitations or restrictions posted on the website (collectively known as “Additional Policies”). By using the website, you agree to adhere to these Additional Policies and fulfill your obligations under them. Failure to comply with any terms of this Agreement, including the Account Policies, Membership Eligibility Criteria, or Additional Policies, may result in the termination of your account without prior notice and potential legal action by Fixma.

Member Conduct

1. Prohibitions on Submitted Content

   You are prohibited from uploading, posting, or sharing any content on the Fixma website that violates the following guidelines. This includes content in your profile, service offers, service requests, or any feedback:

   • Do not post content that misrepresents its source or impersonates others, or provides links to sites that violate the Terms of Use.
   • Avoid content that could harm or exploit minors, including collecting their personal information.
   • Do not invade privacy by harvesting or collecting personal information without consent.
   • Refrain from posting falsehoods or misrepresentations that could harm Fixma or third parties. Avoid posting content that is pornographic, harassing, hateful, illegal, obscene, defamatory, threatening, discriminatory, or offensive.
   • Do not post copyrighted material unless you own the rights or have permission from the rightful owner.
   • Avoid content that threatens, stalks, defames, victimizes, or intimidates individuals or groups on any discriminatory basis.
   • Do not post content intended to disrupt another user's computer or enable illegal access to software or websites.
   • Impersonation of Fixma employees or others is strictly prohibited.
   • Do not advertise or solicit unrelated businesses, or post spam, chain letters, pyramid schemes, or unsolicited commercial advertisements.
   • Avoid distributing viruses or harmful technologies that could damage Fixma or its users. Refrain from posting non-local, irrelevant content, duplicate content, or using automated devices for posting without Fixma's written consent.

2. Prohibitions on Sending Messages

   When communicating with other users on the Fixma website, you are prohibited from sending messages that include:

   • Offers to make national or international money transfers exceeding the service's asking price, with the intention to later ask for a refund.
   • Viruses or any harmful technologies that could damage Fixma or its users.
   • Attempts to disrupt another user's computer or illegally access software, including spamming or impersonation of Fixma staff or other users.
   • Advertisements or solicitations unrelated to the website's purpose as determined by Fixma.
   • Spam, chain letters, pyramid schemes, affiliate marketing, or any unsolicited commercial advertisement.
   • Advertisements for ponzi schemes, discount cards, credit counselling, online surveys, or contests.
   • Unsolicited advertising or marketing for services not offered on the website or external websites.

No Discrimination

1. Discriminatory Postings:

   According to Indian law, any preference, limitation, or discrimination based on race, color, religion, gender, national origin, age, disability, or other protected classes is prohibited. Fixma reserves the right to remove any posting that violates this law without prior notice.

2. Prohibitions with Respect to Services

   In using the website, you must not:

   • Post in inappropriate categories or violate any laws, third-party rights, Account Policies, or Terms of Use.
   • Fail to deliver payment for services you have purchased, except under certain conditions such as changes in service description or issues verifying the Service Professional's identity.
   • Fail to perform services you have agreed to provide, except under conditions like nonagreement compliance by the Service User or issues verifying their identity.
   • Manipulate service prices or interfere with other users' postings.
   • Circumvent or manipulate Fixma's fee structure, billing process, or fees owed. • Post false, inaccurate, misleading, defamatory, or libelous content about any user of the website.
   • Undertake actions that could undermine the feedback or ratings systems, such as misusing feedback information outside of the website.

Guidelines for Service Professionals

1. Accuracy in Profiles and Offers

   Service Professionals must ensure that their Profiles and Offers adhere to these standards:

   • List services in the appropriate category.
   • Accurately represent the location where the service will be provided.
   • Avoid using brand names or irrelevant keywords in any part of their Profile, Offer, or Feedback.
   • Use titles that truthfully represent the service.
   • Ensure all information in their Profile is truthful and not fraudulent.

2. Avoidance of Fee Circumvention Prohibited

   Service Professionals must not engage in practices that circumvent Fixma's fee structure:

   • Refrain from offering external catalogs or links to services available outside Fixma.
   • Avoid creating multiple postings for the same service.
   • Do not charge extra for travel beyond a reasonable range.
   • Prohibit offering services through Fixma that are meant to be transacted outside of the platform.
   • Use their Profile or username solely for promoting services offered on Fixma, avoiding any prohibited services.

Violation of these rules may lead to blacklisting and withholding of credits or payments.

3. Promoting Fairness and Positive Experience

   Service Professionals are expected to contribute to a fair and safe environment:

   • Do not solicit users to use payment methods not approved by Fixma.
   • Only include third-party links that comply with Fixma's policies.
   • Abstain from using certain HTML and JavaScript types in their Postings or Profile.
   • Avoid promoting raffles, games of chance, or unauthorized giveaways.
   • Refrain from using profanity in Postings.
   • Limit acknowledgments or credits to third-party service professionals within specific size and text constraints and ensure you have the rights to use their name/logo.
   • Exclude third-party endorsements from Postings.
   • Ensure each Posting offers a specific service.

4. Consequences of Rule Violations

   Fixma may take the following actions against Service Professionals who violate these rules:

   • Cancel the offending Posting.
   • Restrict the professional’s Account privileges.
   • Suspend their Account.
   • Withhold fees earned from a cancelled Posting.
   • Adjust the professional's status on the Feedback page.

Guidelines for Service Users

1. Prohibited Actions for Service Users

   Service Users must not engage in the following:

   • Commit to using a service without intending to pay.
   • Negotiate for a service with no intention of actual usage or payment.
   • 23 Agree to purchase services that do not align with the Service Professional’s terms, or with an intention to disrupt the posting.
   • Misuse any features provided by Fixma for service use or purchase.

2. Consequences for Rule Violations

   If a Service User violates these rules, Fixma may:

   • Cancel the related posting.
   • Restrict the user's account privileges.
   • Suspend the user's account.
   • Adjust the user's status as reflected on the Feedback page.

Identification of Infringed Work:

1. Confidentiality of Submitted Content

   Fixma allows the submission of various content (videos, communications, profiles, offers, etc.) but does not guarantee confidentiality. Anything you submit and make searchable by users is provided on a non-confidential basis. Fixma may use such content freely to provide services.
   Information towards locating a professional bound by confidentiality (like a doctor or lawyer) provided in the content does not extend confidentiality obligations to Fixma.
   Fixma may disclose information if legally required or to protect its rights, enforce agreements, or prevent illegal activities.

2. Your Responsibilities and Rights

   You're responsible for the content you submit and must have the necessary rights to use and authorize its use by Fixma. You agree to pay for any royalties or fees due for using any content.
   By submitting content, you grant Fixma a comprehensive license to use, reproduce, distribute, and display the content in connection with its services. This license ends when you remove your content from the website.
   Your content may undergo technical processing and be transmitted over various networks.
   You can remove your content at any time, which ends the licensing agreement.

3. Fixma's Rights and Disclaimers

   Fixma does not endorse submitted content and disclaims liability connected to it. It will remove content infringing on intellectual property rights and may terminate access for repeat infringers.
   You acknowledge the risk of exposure to possibly offensive or inaccurate content and waive any legal rights or remedies against Fixma in this regard.
   Fixma reserves the right to review, delete, or remove content that violates these terms or might be harmful or illegal, and is not liable for doing so.

Procedure for Addressing Copyright Infringement Claims

Fixma highly values intellectual property rights and expects its users to uphold these standards. Users who infringe on others' intellectual property may face account termination or restricted access to the website at Fixma’s discretion. If you believe your intellectual property has been infringed upon on the website, please provide the following to Fixma1307@gmail.com.help:

1. Identification of Infringed Work: Detail the copyrighted or trademarked work you claim has been infringed. If your claim involves multiple works on the website, provide a representative list of those works.
2. Location of Infringing Material: Describe the infringing material and provide sufficient details for Fixma to locate it on the website.
3. Statement of Unauthorized Use: Include a statement of your belief, in good faith, that the disputed use of the material is not authorized by the copyright or trademark owner, their agent, or the law.
4. Contact Information: Provide your contact details, including address, phone number, and email address, to allow Fixma to reach you regarding your claim.
5. Authorized Signature: Include the electronic or physical signature of the individual authorized to act on behalf of the rights owner.
6. Statement of Accuracy and Authority: Assert under penalty of perjury that the information in your claim is accurate and that you own the exclusive right being infringed or are authorized to act on behalf of the owner. This submission is referred to as the "Notice."

Note that only the intellectual property rights owner can report potentially infringing items through Fixma's reporting system. If you are not the rights owner, you should advise the owner to consider using these procedures as outlined in the Terms of Use.

Changes to or Ending of Website and App Services

1. Changes to the Website

   Fixma may modify or stop the website or parts of it at any time at its discretion. You agree that Fixma won't be liable to you or anyone else for any changes, pauses, or discontinuation of its services.

2. Fixma can terminate or suspend your account or access to the website at any time, without notice, for reasons including but not limited to inactivity or breach of the Terms of Use. This can include deleting your content, blocking your email or IP address, and stopping your participation in the website.

3. Your Right to Terminate

   You can stop using the website or end your agreement with the Terms of Use at any time, through a designated link in your account.

4. Consequences of Account Termination Once your account is terminated:

   1. Your rights to use the website, including offering or buying services, and any related compensation, will end.
   2. Your account will be disabled, and access to your data within it will be lost. However, some residual data might remain with Fixma.
   3. You must destroy all data, marks, and content from Fixma that you have.
   4. Fixma isn't liable to you or anyone else for ending your access to the website.
   5. Fixma keeps the right to use data collected from your website use for internal purposes, and all licenses granted to Fixma by you will remain effective for this purpose.
   6. If your account is terminated, except in cases where Fixma has already ended your website use, Fixma will notify you via email, if you provided a valid email address during registration.

You also agree to protect Fixma against any claims or costs arising from the termination of your service.

Ownership and Use of Intellectual Property

1. Ownership of Data and Marks by Fixma

   The Website's content, excluding user submissions, like text, graphics, images, music, videos, and marks (logos, trademarks), are Fixma's property or are licensed to Fixma. Other trademarks on the site belong to their respective owners.

   This content is for personal use only and cannot be used, copied, distributed, or exploited commercially without permission from the owners. You agree to respect these intellectual property rights and not to interfere with any security features of the website.

2. Your License to Use Fixma's Content

   Fixma grants you a limited license to access and use its content (excluding source code) for personal purposes in line with these Terms of Use. You may not copy, modify, or distribute any other user's or licensor's content on the website.

Resolution of Disputes

If a dispute arises between you and Fixma, our aim is to resolve it efficiently and neutrally. You agree to resolve any legal or equitable claims related to the Terms of Use or the Website through alternative dispute resolution, like mediation or arbitration, before considering a lawsuit. We encourage you to first reach out to us at fixma1307@gmail.com for an amicable resolution.

Legal Jurisdiction

All matters concerning these Terms of Use are subject to the laws of India. Legal proceedings arising from this agreement will be exclusively in Bangalore, India.

Advertising on the Website

The Website may feature advertisements to support its services. Fixma may display ads and promotions, which can change over time. Endorsement of the advertised products or services by Fixma is not implied. Fixma is not liable for any loss or damage incurred by you from these advertisements.

External Links and Third-Party Interactions

The Website may include links to other websites, contact forms, and phone numbers, including social media and blogging platforms.

You consent to receive calls or SMS from a third-party platform when submitting our webform. The Website might allow interactions or transactions with these third-party sites.

Fixma does not endorse and is not responsible for the availability or content of these external sites, nor for any products or services offered by them.

Any interactions with third-party sites, even when linked from Fixma, are subject to that site's own terms and policies.

Fixma is not liable for any loss or damage arising from your use of these third-party resources. Complaints or concerns regarding materials from third parties should be directed to them.

Disclaimer of Warranties by Fixma

Your use of the Fixma Website and App is at your own risk. Fixma, along with its officers, staff, and affiliates, disclaims all warranties, whether express, implied, or statutory. No warranties are made regarding the Website and App, the services offered, or the accuracy, reliability, quality, or completeness of data and content, including user-submitted content.

The Website and App, along with the services and information provided, are offered on an "as is," "as available," and "where is" basis, without any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Fixma does not guarantee the Website and App will be free from errors, inaccuracies, unauthorized access, viruses, or other harmful components. Neither does Fixma endorse or assume responsibility for any thirdparty products or services advertised on the Website and App.

Fixma is not involved in transactions between you and third-party service providers and is not responsible for any losses or damages incurred from using the Website and App. Users are advised to exercise caution and judgment in their use of the Website and App and any transactions made through it.

Limitation of Liability

Indemnity and Release Agreement

You agree to defend, indemnify, and hold harmless Fixma and its associates from any claims or damages resulting from your use of the Website and App, violation of the Terms of Use, infringement of any third-party rights, or damage caused by your submitted content. This obligation persists beyond the termination of these Terms.

In disputes with other users, you release Fixma and its associates from all claims, demands, and damages related to your use of the Website and App

You cannot transfer or assign the rights and licenses granted to you under these Terms, but Fixma can do so without restriction.

Exclusion of Third-Party Rights

Except as specifically stated in the Terms of Use, no third party has any beneficiary rights under these Terms.

Communication of Notices

Fixma may communicate notices to you, including changes to the Terms of Use, via email, regular mail, or postings on the Website.

General Provisions of the Agreement