TERMS AND CONDITIONS
Last Updated: 29
th
April, 2022
These terms and conditions (“Terms”) govern the use of services made available on
or through https://www.Gofixerr.com and/or the gofixerr mobile app (collectively, the
“Platform”, and together with the services made available on or through the Platform,
the “Services”). These Terms also include our privacy policy, available at
https://www.Gofixerr.com/privacy-policy (“Privacy Policy”), and any guidelines,
additional, or supplemental terms, policies, and disclaimers made available or issued
by us from time to time (“Supplemental Terms”). The Privacy Policy and the
Supplemental Terms form an integral part of these Terms. In the event of a conflict
between these Terms and the Supplemental Terms with respect to applicable
Services, the Supplemental Terms will prevail.
The Terms constitute a binding and enforceable legal contract between gofixerr with
principal place of business at Chennai and its affiliates (“Gofixerr”, “we”, “us”, or
“our”), and you, a user of the Services, or any legal entity that books Partner Services
(defined below) on behalf of end-users (“you” or “Customer”). By using the Services,
you represent and warrant that you have full legal capacity and authority to agree to
and bind yourself to these Terms. If you represent any other person, you confirm and
represent that you have the necessary power and authority to bind such person to
these Terms.
By using the Services, you agree that you have read, understood, and are bound by,
these Terms, as amended from time to time, and that you will comply with the
requirements listed here. These Terms expressly supersede any prior written
agreements with you. If you do not agree to these Terms, or comply with the
requirements listed here, please do not use the Services.
1. SERVICES
(a) The Services include the provision of the Platform that enables you to arrange
and schedule different location/home-based services with independent third-
party service providers of those services (“Service Partners”). As a part of the
Services, Gofixerr facilitates the transfer of payments to Service Partners for
the services they render to you and collects payments on behalf of such Service
Partners.
(b) The services rendered by Service Partners are referred to as “Partner Services”.
The term “Services”does not include the Partner Services. Gofixerr does not
provide the Partner Services and is not responsible for their provision. Service
Partners are solely liable and responsible for the Partner Services that they offer
or otherwise provide through the Platform. Gofixerr and its affiliates do not
employ Service Partners, nor are Service Partners agents, contractors, or
partners of Gofixerr or its affiliates. Service Partners do not have the ability to
bind or represent Gofixerr.
(c) The Platform is for your personal and non-commercial use only, unless
otherwise agreed upon on in accordance with the terms of a separate
agreement. Please note that the Platform is intended for use only within
Chennai. You agree that in the event you avail the Services or Partner Services
from a legal jurisdiction other than the territory of Chennai, you will be deemed
to have accepted the Gofixerr terms and conditions applicable to that
jurisdiction.
(d) A key part of the Services is Gofixerr’s ability to send you text messages,
electronic mails, or WhatsApp messages, including in connection with your
bookings, your utilisation of the Services, or as a part of its promotional and
marketing strategies. While you may opt out of receiving these text messages
by contacting Gofixerr at contact@Gofixerr.in you agree and acknowledge that
this may impact Gofixerr’s ability to provide the Services (or a part of the
Services) to you.
(e) In certain instances, you may be required to furnish identification proof to avail
the Services or the Partner Services, and hereby agree to do so. A failure to
comply with this request may result in your inability to use the Services or
Partner Services.
2. ACCOUNT CREATION
(a) To avail the Services, you will be required to create an account on the Platform
(“Account”). For this Account, you may be required to furnish certain details,
including but not limited to your phone number. To create an Account, you must
be at least 18 years of age.
(b) You warrant that all information furnished in connection with your Account is
and shall remain accurate and true. You agree to promptly update your details
on the Platform in the event of any change to or modification of this information.
(c) You are solely responsible for maintaining the security and confidentiality of
your Account and agree to immediately notify us of any disclosure or
unauthorised use of your Account or any other breach of security with respect
to your Account.
(d) You are liable and accountable for all activities that take place through your
Account, including activities performed by persons other than you. We shall not
be liable for any unauthorised access to your Account.
(e) You agree to receive communications from us regarding (i) requests for
payments, (ii) information about us and the Services, (iii) promotional offers and
services from us and our third party partners, and (iv) any other matter in
relation to the Services.
3. USER CONTENT
(a) Our Platform may contain interactive features or services that allow users who
have created an account with us to post, upload, publish, display, transmit, or
submit comments, reviews, suggestions, feedback, ideas, or other content on
or through the Platform (“User Content”).
(b) As part of the effective provision of the Services and quality control purposes,
we may request reviews from you about Service Partners and you agree and
acknowledge that Service Partners may provide reviews about you to us. You
must not knowingly provide false, inaccurate, or misleading information in
respect of the reviews. Reviews will be used by us for quality control purposes
and to determine whether Customers and Service Partners are appropriate
users of the Platform. If we determine at our sole discretion that you are not an
appropriate user, we reserve the right to cancel your registration and remove
you from our Platform.
(c) You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable,
sublicensable, and royalty-free licence to (i) use, publish, display, store, host,
transfer, process, communicate, distribute, make available, modify, adapt,
translate, and create derivative works of, the User Content, for the functioning
of, and in connection with, the Services and (ii) use User Content for the limited
purposes of advertising and promoting the Services, or furnishing evidence
before a court or authority of competent jurisdiction under applicable laws.
(d) In connection with these Terms and the licences granted under this clause, you
hereby waive any claims arising out of any moral rights or other similar rights
relating to the User Content.
(e) You agree and acknowledge that Gofixerr may, without notice to you, remove,
or otherwise restrict access to User Content that, in its sole discretion, violates
these Terms.
4. CONSENT TO USE DATA
(a) You agree that we may, in accordance with our Privacy Policy, collect and use
your personal data. The Privacy Policy is available at
https://www.gofixerr.in/company/privacyPolicy and it explains the categories
of personal data that we collect or otherwise process about you and the manner
in which we process such data.
(b) In addition to any consent you may provide pursuant to the Privacy Policy, you
hereby consent to us sharing your information with our affiliates or other third
party service providers. We may use information and data pertaining to your use
of the Services for provision of the Services, analytics, trend identification, and
purposes of statistics to further enhance the effectiveness and efficiency of our
Services, and provision of beneficial schemes, new offers, and for experience
enhancement.
(c) Subject to applicable laws, we may be directed by law enforcement agencies
or the government and related bodies to disclose data in relation to you in
connection with criminal or civil proceedings. You understand and agree that in
such instances we shall have the right to share such data with relevant agencies
or bodies.
5. BOOKINGS
(a) Orders: The Platform permits you to request various Partner Services at a time
of your choosing based on available slots. To make a booking, you should
follow the instructions on the Platform and provide necessary information. We
use reasonable efforts to enable you to find a Service Professional who is able
to provide that service at the requested time. If, in the unlikely event we cannot
find a Service Professional for the specific timeslot, we will contact you to find
an alternative time.
(b) Confirmation: Once you place a request we will provide confirmation of the
booking via Call or SMS or email or a push notification. Once your booking has
been confirmed, you will be required to make the payment in accordance with
these Terms or as indicated on the Platform. Once a Service Professional has
been identified for the requested Partner Services, you shall receive
confirmation through/via Call or App or SMS or email or a push notification.
(c) Cancellations: Bookings that are cancelled before confirmation on the Platform
will not be charged. Gofixerr’s cancellation policy sets out applicable
cancellation fees.
(d) Substitution: In case of the unavailability of, or cancellation by a selected Service
Professional, we will offer you a substitute of the Service Professional from
among our registered Service Partners or cancellation of request after
confirmation or notifying the user.
(e) Authenticity: Service Providers/professionals shall be verified through
direct or indirect vendors/platforms.
6. PRICING, FEES, AND PAYMENT TERMS
(a) Gofixerr reserves the right to charge you for the different Services you may avail
and/or for any other facilities you may opt for, from time to time, on or via the
Platform. Any additional services availed/required at the time of rendering
services shall be added or collected simultaneously. The Charges Fixed shall
change due to any operational / serviceable difficulties at the time of
performing the service.
(b) Charges and Fees in respect of Partner Services:
(i) In respect of Partner Services that you seek to avail through the Platform,
you shall be required to pay Service Partners the amount indicated at the
time of booking as well as amounts towards (a) any additional Partner
Services you may avail, (b) out of pocket expenses incurred by the Service
Professional, and (c) expenses arising out of the purchase of goods
required or utilised for the performance of the Partner Service (“Charges”).
In addition to the Charges payable to Service Partners, Gofixerr reserves
the right to charge you a convenience fee for facilitating the booking and
transferring payments to the Service Professional (this fee is referred to
as “Fees”). You acknowledge that the final bill you receive may include
additional charges, including without limitation, a safety fee, warranty fee,
insurance fee, or Service Professional welfare fee.
(ii) Gofixerr shall notify you of the applicable Charges, Fees, and payment
methods at the time of booking. Generally, you may make payments for
Partner Services through credit cards, debit cards, net banking, wallets,
UPI or cash upon completion of the Partner Service. We have the right to
modify and otherwise restrict the modes of payment available to you. You
acknowledge that certain payment methods such as cash upon
completion may not always be available to you as a payment method. For
the avoidance of doubt, in the event you pay through the method of ‘cash’
, you acknowledge that you will be required to pay both Charges and Fees
to the Service Professional.
(iii) The Charges and Fees may be payable at the time of making a booking,
or upon the completion of the Partner Services, as specified by Gofixerr.
(iv) For the avoidance of doubt, please note that the Charges are payable to
Service Partners, and Gofixerr acts as a limited collection agent on behalf
of such Service Partners to collect and transfer amounts due to them
subject to necessary deductions.
(v) Taxes: All Charges and Fees are inclusive of applicable taxes.
(vi) Gofixerr reserves the right to reasonably amend the Charges and Fees at
any time at its sole discretion. A change in Fees shall not impact any
bookings that have been confirmed before the publication of the revised
Fees on the Platform.
(vii) Charges and Fees that you pay are final and non-refundable, unless
otherwise determined by Gofixerr or required by the applicable laws.
Under certain laws, you may be entitled to a refund or other remedies for
a failure in the provision of the Services.
(viii) You acknowledge and agree that Charges and Fees applicable in certain
geographical areas may increase substantially during times of high
demand or due to natural factors such as rain or flood. Gofixerr will use
reasonable efforts to inform you of the Charges and Fees that may apply.
However, by using the Partner Services or Services, you will be responsible
for the Charges and Fees incurred under your Account regardless of your
awareness of such Charges or Fees.
(c) Payment Gateway: We may use a third-party payment gateway processor
(“Payment Gateway”) to bill you through your selected mode of payment. The
processing of payments will be subject to the terms and policies of such
Payment Gateway in addition to these Terms. We shall not be liable for any error
of the Payment Gateway. In the event of any unsuccessful payment, the money
debited shall be credited in accordance with the terms of the Payment Gateway.
(d) Cancellation: You may elect to cancel your request for services from a Service
Professional at any time prior to such Service Professional’s arrival, in which
case you may be charged a cancellation fee in accordance with Gofixerr’s
cancellation policy. Gofixerr reserves the right to charge you, or otherwise
deduct applicable taxes in respect of such cancellation fee.
7. CUSTOMER CONDUCT
(a) Gofixerr prohibits discrimination against Service Partners, including on the
basis of race, religion, caste, national origin, disability, sexual orientation, sex,
marital status, gender identity, age, or any other characteristic that may be
protected under applicable law. Such discrimination includes but is not limited
to any refusal to accept Partner Services based on any of these characteristics.
(b) We request that you treat all Service Partners with courtesy and respect, and
that you provide them with a safe, clean, and appropriate location to perform
the Partner Services. Service Partners shall be entitled to refuse to perform
Partner Services if you have not provided a safe, clean, and appropriate location
for them, or you behave towards them in a manner which is discourteous,
disrespectful, abusive, or otherwise inappropriate. We reserve the right to
withhold access to the Services and otherwise limit your access to Partner
Services at our absolute discretion if you behave towards any Service
Professional in a manner which is discourteous, disrespectful, or abusive, or
which we otherwise deem to be inappropriate or unlawful.
(c) You agree that you will be liable for discriminating against Service Partners or
for any failure, intentional or otherwise, to provide the Service Partners a safe,
clean, and appropriate location for them to perform the Partner Services.
Additionally, you will also disclose any and all information that may have a
bearing on the ability of the Service Professional to perform the Partner Services
or impact the Services Professional’s health, safety, or well-being, to Gofixerr
and the Service Professional.
(d) You agree that in the event a Service Professional behaves in a manner that is
discourteous, disrespectful, abusive, inappropriate, or in violation of the law, you
shall be required to report such incident to contact@Gofixerr.in at the earliest
but in any event within 48 (forty eight) hours of such incident.
8. THIRD PARTY SERVICES
(a) The Platform may include services, content, documents, and information owned
by, licensed to, or otherwise made available by, a third party (“Third Party
Services”) and contain links to Third Party Services. You understand and
acknowledge that Third Party Services are the sole responsibility of the third
party that created or provided it and that use of such Third Party Services is
solely at your own risk.
(b) We make no representations and exclude all warranties and liabilities arising
out of or pertaining to such Third Party Services, including their accuracy or
completeness. Should you avail a Third Party Service, you shall be governed and
bound by the terms and conditions and privacy policy of the third parties
providing the Third Party Services. Further, all intellectual property rights in and
to Third Party Services are the property of the respective third parties.
9. YOUR RESPONSIBILITIES
(a) You represent and warrant that all information that you provide in relation to
the Services and Partner Services is complete, true, and correct on the date of
agreeing to these Terms and shall continue to be complete, true, and correct
while you avail the Services and/or the Partner Services. Should any information
that you provide change during the existence of these Terms, you undertake to
immediately bring such change to our notice. We do not accept any
responsibility or liability for any loss or damage that you may suffer or incur if
any information, documentation, material, or data, provided to avail the Services
is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any
material fact.
(b) You shall extend all cooperation to us in our defence of any proceedings that
may be initiated against us due to a breach of your obligations or covenants
under these Terms.
(c) In respect of the User Content, you represent and warrant that:
(i) you own all intellectual property rights (or have obtained all necessary
permissions) to provide User Content and to grant the licences under
these Terms;
(ii) you are solely responsible for all activities that occur on or through your
account on the Platform and all User Content;
(iii) the User Content does not and shall not violate any of your obligations or
responsibilities under other agreements;
(iv) the User Content does not and shall not violate, infringe, or misappropriate
any intellectual property right or other proprietary right including the right
of publicity or privacy of any person or entity;
(v) the User Content does not and shall not contain any viruses, corrupted
data, or other harmful, disruptive, or destructive files or content;
(vi) the User Content does not and shall not violate any third party rights; and
(vii) the User Content
(A) does not belong to any other person to which you do not have any
right,
(B) does not threaten the unity, integrity, defence, security or sovereignty
of India, friendly relations with foreign states, public order, cause
incitement to the commission of any cognisable offence, prevents
investigation of any offence, or is insulting another nation,
(C) is not defamatory, grossly harmful, blasphemous, paedophilic,
invasive of another’s privacy, discriminatory based on gender,
ethnically objectionable, disparaging, relating to, or encouraging
money laundering or gambling, libellous, hateful, racist, violent,
obscene, pornographic, unlawful, harmful to children, or
(D) Otherwise offensive, objectionable, or restricts, or inhibits, any other
person from using or enjoying the Services.
(d) You shall not use the Services in any manner except as expressly permitted in
these Terms. Without limiting the generality of the preceding sentence, you shall
not:
(i) infringe any proprietary rights, including but not limited to copyrights,
patents, trademarks, or trade secrets of any party;
(ii) except as may be provided hereunder, copy, display, distribute, modify,
publish, reproduce, store, transmit, post, translate, create any derivative
works from or license the Services;
(iii) use the Services to transmit any data, or send or upload any material that
contains viruses, Trojan horses, worms, timebombs, keystroke loggers,
spyware, adware, or any other harmful programmes, or similar computer
code, designed to adversely affect the operation of any computer
software or hardware;
(iv) use any robot, spider, other automated device, or manual process to
monitor or copy the Services or any portion thereof;
(v) engage in the systematic retrieval of content from the Services to create
or compile, directly or indirectly, a collection, compilation, database, or
directory;
(vi) use the Services in
(A) any unlawful manner,
(B) for fraudulent or malicious activities or
(C) in any manner inconsistent with these Terms;
(vii) decompile, reverse engineer, or disassemble the Services;
(viii) link to, mirror, or frame, any portion of all or any of the Services; or
(ix) violate applicable laws in any manner.
(e) You warrant that you shall not engage in any activity that interferes with or
disrupts the Services.
(f) You shall not attempt to gain unauthorised access to any portion or feature of
the Services, any other systems or networks connected to the Services, to any
of our servers, or through the Platform by hacking, password mining, or any
other illegitimate means.
(g) You shall not directly or indirectly, in any capacity, solicit, attempt to influence,
engage, approach, or accept or encourage the solicitations or approach of, a
Service Professional from whom you have availed Partner Services, to either
terminate or otherwise cease their registration on or engagement with the
Platform, or avail services the same as or similar to the Partner Services
independently, without booking the Partner Services through your Account. You
agree that this limitation is reasonable and fair and is necessary for the
protection of the privacy and security of Service Partners and that this will not
preclude you from obtaining services the same as or similar to the Partner
Services through the Platform or other means. You further agree that any
potential harm to Service Partners from the non-enforcement of this clause far
outweighs any potential harm to you.
10. OUR INTELLECTUAL PROPERTY
(a) All rights, titles, and interest in, and to the Services, including all intellectual
property rights arising out of the Services, are owned by or otherwise licensed
to us. Subject to compliance with these Terms, we grant you a non-exclusive,
non-transferable, non-sub licensable, revocable, and limited licence to use the
Services in accordance with these Terms and our written instructions issued
from time to time. Any rights not expressly granted herein are reserved by
Gofixerr or Gofixerr’s licensors.
(b) We may request you to submit suggestions and other feedback, including bug
reports, relating to the Services from time to time (“Feedback”). We may freely
use, copy, disclose, publish, display, distribute, and exploit the Feedback we
receive from you without any payment of royalty, acknowledgement, prior
consent, or any other form of restriction arising out of your intellectual property
rights.
(c) Except as expressly stated in these Terms, nothing in these Terms should be
construed as conferring any right in, or licence to, our or any third party’s
intellectual property rights.
11. TERM AND TERMINATION
(a) These Terms shall remain in effect unless terminated in accordance with the
terms hereunder.
(b) We may restrict, deactivate, or terminate your access to, or use of, the Services,
or any portion thereof, (i) immediately and at any point at our sole discretion,
(A) if you violate or breach any of the obligations, responsibilities, or covenants
under these Terms, (B) when you cease to become a user of our Services, (C)
you do not, or are likely not to qualify under applicable law, or the standards and
policies of Gofixerr or its affiliates, to access and use the Services, or (D) violate
or breach the Community Guidelines, (ii) upon 30 (Thirty) days’ prior written
notice to you, or (iii) immediately for any legitimate business, legal, or regulatory
reason.
(c) You may terminate these Terms, at any time, for any reason by sending a
notice to Gofixerr at privacy@Gofixerr.com
(d) Upon termination of these Terms:
(i) the Account will expire;
(ii) the Services will “time-out”; and
(iii) these Terms shall terminate, except for those clauses that are expressly,
or by implication, intended to survive termination or expiry.
12. DISCLAIMERS AND WARRANTIES
(a) The Services are provided on an “as is” basis without warranty of any kind,
express, implied, statutory or otherwise, including without limitation the implied
warranties of title, non-infringement, merchantability, or fitness for a particular
purpose. Without limiting the foregoing, we make no warranty that the Services
will meet your requirements or expectations.
(b) No advice or information, whether oral or written, obtained by you from us shall
create any warranty that is not expressly stated in the Terms.
(c) While Gofixerr strives to provide accurate information about Partner Services
and Charges, pricing errors may occur from time to time.
(d) You agree and acknowledge that we are merely a Platform that connects you
with Service Partners, and we shall not be liable in any manner for any
obligations that have not been explicitly stated in these Terms. We are not liable
or responsible for fulfilment of any bookings, for the performance of the Partner
Services by any Service Professional, or for any acts or omissions of the Service
Partners during their provision of the Partner Services including any damage
they may cause to property. By booking Partner Services through the Platform,
you are entering into a contract with the relevant Service Provider for the
provision of those services, and we accept no responsibility or liability, nor do
we make any warranty, representation, or guarantee in respect of the Service
Professional’s performance under that contract.
(e) You agree and acknowledge that soliciting or receiving services from any
Service Professional independently is solely at your own risk, and in such an
event, you waive any rights that you may have under these Terms.
(f) We do not guarantee or warrant and we make no representation whatsoever
regarding the reliability, quality, or suitability of the Service Partners.
(g) You hereby accept full responsibility for any consequences that may arise from
your use of the Services and Partner Services, and expressly agree and
acknowledge that we shall have absolutely no liability in this regard.
(h) Gofixerr will maintain a complaints management framework and will manage
this framework on behalf of Service Partners in a reasonable manner and in
accordance with the non-excludable requirements of relevant applicable laws.
(i) To the fullest extent permissible by law, we, our affiliates, and our related
parties, each disclaim all liability for any loss or damage arising out of, or due
to:
(i) your use of, inability to use, or availability or unavailability of the Services
or the Partner Services;
(ii) the occurrence or existence of any defect, interruption, or delays, in the
operation or transmission of information to, from, or through the Services,
communications failure, theft, destruction, or unauthorised access to our
records, programmes, services, servers, or other infrastructure relating to
the Services;
(iii) the failure of the Services to remain operational for any period of time;
and
(iv) the loss of any User Content and any other data in connection with your
use of the Services.
(j) In no event shall Gofixerr, its officers, directors, and employees, or its
contractors, agents, licensors, partners, orsuppliers,be liable to you for any
direct, special, indirect, incidental, consequential, punitive, reliance, or
exemplary damages (including without limitation, lost business opportunities,
lost revenues, or loss of anticipated profits or any other pecuniary or non-
pecuniary loss or damage of any nature whatsoever, including but not limited to
any abuse or breach of data), even if Gofixerr or an authorised representative
had been advised of the possibility of such damages, arising out of, or relating
to (A) these Terms, (B) the Services or the Partner Services, (C) your use or
inability to use the Services or the Partner Services, or (D) any other interactions
with another user of the Services.
(k) To the maximum extent permitted by law, our liability shall be limited to the
amount of commission we receive in respect of a particular booking made on
the Platform. In no event shall our total liability to you in connection with these
Terms exceed INR 10,000 (Rupees Ten Thousand).
13. INDEMNITY
You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries,
affiliates, and our officers, employees, directors, agents, and representatives, harmless
from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities,
damages, and costs (including, without limitation, all damages, liabilities, settlements, and
attorneys’ fees), due to or arising out of your access to the Services or Partner Services, use
of the Services or Partner Services, violation of these Terms, or any violation of these Terms
by any third party who may use your Account.
14. JURISDICTION, GOVERNING LAWS, AND DISPUTE RESOLUTION
(a) These Terms shall be governed by and construed and enforced in accordance
with the laws of India. Subject to other provisions in this clause, courts in
Chennai shall have exclusive jurisdiction over all issues arising out of these
Terms or the use of the Services.
(b) Any controversies, conflicts, disputes, or differences, arising out of these Terms
shall be resolved by arbitration in Chennai in accordance with the Arbitration
and Conciliation Act, 1996 for the time being in force, which is deemed to be
incorporated by reference in this clause. The tribunal shall consist of 1 (One)
arbitrator appointed by Gofixerr. The language of the arbitration shall be
English. The parties to the arbitration shall keep the arbitration confidential, and
not disclose to any person, other than on a need to know basis, or to legal
advisors, unless required to do so by law. The decision of the arbitrator shall be
final and binding on all the parties thereto. Each party to the arbitration shall
bear its own costs with respect to any dispute.
15. GRIEVANCE REDRESSAL
(a) You may contact our designated Grievance Redressal Officer with any
complaints or queries relating to the Services or these Terms through registered
post or through email, details of which are provided below:
Email Address: admin@gofixerr.in
(b) We shall ensure that your complaint is resolved within timelines prescribed by
applicable laws.
16. MISCELLANEOUS PROVISIONS
(a) Changes to Terms: The Terms are subject to revisions at any time, as
determined by us, and all changes are effective immediately upon being posted
on the Platform. It is your responsibility to review these Terms periodically for
any updates or changes. You will be deemed to have accepted the changes
made to these Terms if you continue to use the Platform once it has been
posted.
(b) Modification to the Services: We reserve the right at any time to add, modify, or
discontinue, temporarily or permanently, the Services (or any part thereof), with
or without cause. We shall not be liable for any such addition, modification,
suspension, or discontinuation of the Services.
(c) Severability: If any provision of these Terms is determined by any court or other
competent authority to be unlawful or unenforceable, the other provisions of
these Terms will continue to be in effect. If any unlawful or unenforceable
provision would be lawful or enforceable if a part of it were deleted, that part
will be deemed to be deleted, and the rest of the provision will continue in effect
(unless that would contradict the clear intention of the clause, in which case the
entirety of the relevant provision will be deemed to be deleted).
(d) Assignment: You shall not license, sell, transfer, or assign your rights,
obligations, or covenants under these Terms, or your Account in any manner
without our prior written consent. We may grant or withhold this consent at our
sole discretion, subject to any conditions we deem appropriate. We may assign
our rights to any of our affiliates, subsidiaries, or parent companies, any
successor in interest of any business associated with the Services, or any third
party without any prior notice to you.
(e) Notices: All notices, requests, demands, and determinations for us under these
Terms (other than routine operational communications) shall be sent to
legal@Gofixerr.com.
(f) Third Party Rights: No third party shall have any rights to enforce any terms
contained herein.
(g) Force Majeure: We shall have no liability to you if we are prevented from or
delayed in performing our obligations, or from carrying on our business, by acts,
events, omissions, or accidents beyond our reasonable control, including
without limitation, strikes, failure of a utility service or telecommunications
network, act of God, war, riot, civil commotion, malicious damage, or
compliance with any law or governmental order, rule, regulation, or direction.