2.1 If you are under 18 years of age, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and agree to its terms. By downloading the App and setting up an account with Us, you confirm that you have obtained parental consent to download and use this App and the Services in accordance with the terms of this Agreement.
3.1 The rights in the App are licensed to you, not sold to you. Subject to the terms of this Agreement, We grant you a non-transferable, non-exclusive, fully paid and royalty-free, worldwide licence (without the right to sub-licence) to install and use one copy of the App on an Apple or Android device that you own or control (Your Device). 3.2 You agree to the following licence restrictions: - Not to duplicate, copy or distribute the App except as necessary to use it on Your Device; - Not to modify, translate, make derivative works from, disassemble, reverse compile or reverse engineer any part of the App in order to build a similar or competitive product; and - Not to remove, deface or destroy any copyright or other proprietary rights notice used on, in or in connection with the App. 3.3 Without prejudice to any accrued rights or obligations that the parties might have, We reserve the right, in Our sole discretion, to suspend or terminate this Agreement including the licence granted to you in this clause to use the App. We also reserve the right to otherwise restrict, suspend or terminate your ability to access or use the App or the Services if We determine, in Our sole discretion, that your use of the App or the Services may breach this Agreement or infringe the rights of other users or third parties. We reserve the right to take any of the above actions for any reason without prior notice.
4.1 The App is protected by copyright, trade mark and other intellectual property laws. You acknowledge that: - all intellectual property rights in the App throughout the world belong to Us or Our suppliers or affiliates; - this Agreement does not transfer any title to intellectual property in the App to you; and - your only rights to in respect of the App are as set out in this Agreement.
5.1 The App uses geolocation software to find trades people and other service providers near your location who have flagged themselves as being available. Trades persons and service providers who download and subscribe to the App consent to the use of the App for the purpose of determining their geographic location while they are checked in to the App. 5.2 The App is a matching service only. Trades persons and service providers who subscribe to the App are not employed by Us. We accept no responsibility for payment of trades persons or service providers or for resolution of complaints concerning work conducted by them.
6.1 The App is free to download by anyone, however certain features of the Service require you to pay a subscription fee. Subscription fees vary depending on whether you are a trades person/service provider (Service Provider) or a non-service provider (Customer). 6.2 Our current subscription fees are set out on our website at www.fixitfaster.com. We reserve the right to vary our subscription fees from time to time and will provide reasonable prior notice to you in the event that your subscription fees increase.
6.3 Finding and requesting service providers is free for all Customers.
6.4 If you are a Service Provider, you can download the App for free and use the App to find and call other Service Providers. However if you would like to use the "check in" feature or if you would like to earn credits on referrals as part of the Fix It Faster Credit Program, you will need to subscribe. You will also need to pass a moderation process before you are listed on the App as "approved". 6.5 You can subscribe via our website at www.fixitfaster.com or via the App. Our subscription fees for Service Providers are payable monthly in advance and will be automatically deducted from your nominated account each month. Your subscription will commence when we activate your account and continues on a rolling monthly basis unless and until terminated earlier by you or Us in accordance with this Agreement. 6.6 Until you are approved by Us, you will appear on the App as "not yet approved". If your application as a Service Provider is rejected, your subscription fee (less a 10% processing fee) will be refunded to you.
7.1 You can end your subscription at any time by clicking on the "deactivate my account" button or by sending an email to [email protected] Please note, however, that you will not be entitled to any refund of any amounts that We have already charged you for your subscription, and any Fix It Faster Credits accrued during the term of your subscription will automatically be forfeited from the time you end your subscription.
8.1 We may suspend your access to and/or use of the App immediately (or at a later time) by giving written notice to you if you breach this Agreement and, in Our reasonable opinion, (a) your breach is significant or serious; and (b) suspension of access is justified by your breach. 8.2 We may terminate your subscription and your access to and/or use of the App immediately by giving written notice to you if: (a) you breach this Agreement and, if your breach can be remedied, you do not remedy the breach within seven (7) days of Us requesting that you remedy the breach; or (b) you use the App for any unlawful or improper purpose. 8.3 If We suspend or terminate your subscription in accordance with this Agreement, you will not be entitled to a refund of any amounts already paid to Us and, in the case of termination, any unused Fix It Faster Credits will automatically be forfeited.
9.1 You acknowledge and agree that your subscription is personal to you and you may not transfer your subscription or any of your rights or responsibilities under this Agreement without Our prior written consent. We, however, may transfer our rights and/or responsibilities under this Agreement at any time without prior notice to you or asking for your consent, including in circumstances where We sell our business or are acquired by a third party.
10.1 The Fix It Faster Credit Program is available to all Customers and Service Providers who subscribe to the Fix It Faster service. 10.2 Fix It Faster Credits are earnt when you successfully refer the App to your friends and family. Your friends and/or family members must subscribe to the App as a Customer in order for you to earn Fix It Faster Credits. You should refer to Our website for details of how you can refer the App to your friends and family. 10.3 You can start accruing Fix It Faster Credits from the time you subscribe. You can earn up to a maximum of 1,250,000 points per annum from the date your subscription commences. 10.4 Fix It Faster Credits can only be used in ways approved by Us from time to time. These currently include:p to a maximum of 1,250,000 points per annum from the date your subscription commences. (a) to pay selected Service Providers (b) to donate to selected charities; and (c) to take advantage of exclusive offers in selected retailers. 10.5 Once you have been a subscriber for a minimum of six (6) months, you are entitled to apply to cash in, use or donate your Fix It Faster Credits. 10.6 Your Fix It Faster Credits will remain valid for so long as you are an active subscriber. If you or We end your subscription in accordance with this Agreement you will not be able to use any unused Fix It Faster Credits. 10.7 We are not responsible if you cannot claim or redeem your Fix It Faster Credits for reasons beyond our reasonable control. 10.8 We may terminate the Fix It Faster Credit Program at any time. We will notify you as soon as practicable of the termination and the time period in which you may use any Fix It Faster Credits.
11.1 It is your responsibility to ensure the safety and security of your device and your Fix It Faster user account. You will be solely responsible and liable for all activity that occurs under your user account.
12.1 As a consumer, you have certain rights under consumer protection legislation, including the Australian Consumer Law (referred to below as "Consumer Rights" ), which cannot be excluded or limited by Us. Your Consumer Rights include statutory guarantees that any services supplied to you will be provided in a timely manner and with reasonable care and skill, and will be fit for any notified purpose. Nothing in this Agreement is intended to exclude restrict or modify your Consumer Rights. 12.2 However, to the extent that We are permitted by law to do so, We make no representations or warranties, express or implied, under laws other than the Australian Consumer Law with respect to the availability, performance, security, characteristics or operation of the App or the Services (including any aspect of the Fix It Faster Credit Program), and to the full extent permitted by law We will not be responsible for breach of any such implied warranty or term that is not excluded by this paragraph. 12.3 You agree that We will not be responsible for any modification, interruption, suspension or discontinuation of the App or the Services, any technical faults which impact on the availability or use of the App or the Services, except to the extent that these occur as a result of Our negligence or wilful misconduct.
13.1 You agree to reimburse Us for any and all expenses, loss or damage (including legal fees) We may suffer or incur arising from your breach of this Agreement and any third party claim brought against Us in respect of your use of the App or the Services. 13.2 You acknowledge that if you infringe Our intellectual property rights in the App or associated documentation, this could cause irreparable harm to Us. You agree that, in such event, We shall be entitled to an injunction in addition to any other remedies available to it. 13.3 You agree that you will not bring any claim against Us in relation to any loss, damage or personal injury that you may suffer, or expense that you may incur, as a result of your download or use of the App or the Services, except: - to the extent that We have breached your Consumer Rights; or - to the extent that the loss, damage, personal injury or expense is due to Our negligence or wilful misconduct; or - where the law would otherwise prohibit Us from excluding Our responsibility for such loss, damage, injury or expense. 13.4 You agree to reimburse Us for all expenses (including legal costs and expenses), losses and liabilities of any nature or description it may incur either directly or indirectly as a result of: - your download or use of the App or the Services; - your breach of any term of this Agreement; - any third party claim arising out of your download or use of the App or the Services; and - you bringing a claim against Us when you have agreed not to do so, except to the extent that such expense, loss or liability is due to Our negligence or wilful misconduct
14.1 If you are downloading and using the App on an Apple device, you acknowledge and agree that: (a) Apple, Inc (Apple) and its subsidiaries are not parties to this Agreement, are not responsible for the App or its content, and have no obligation whatsoever to furnish any maintenance and support services with respect to the App. However, please be aware that Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of the terms of this Agreement, Apple will have the right (and will be deemed to have accepted that right) to enforce this Agreement against you as a third party beneficiary of the Agreement; (b) Apple is not responsible for addressing any questions, comments or claims relating to the App and your use of the App; (c) to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, or any responsibility for any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty; (d) Apple is not responsible for addressing any claims made by you or a third party relating to the App or your possession and/or use of the 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 or similar legislation 14.2 Apple is not responsible for the investigation, defence, settlement and discharge of any intellectual property infringement claim made by a third party arising from your possession and use of the App, and that, except as set out in this Agreement, Mars will be responsible for dealing with such claims.
We are responsible for addressing any questions, comments or claims relating to the App and your use of the App. If you have any comments, questions or complaints about the App, please phone Us on our customer enquires line: 1800 650 525, or email us at [email protected] or write to us at Level 1, 135-153 New South Head Rd, Edgecliff, NSW, Australia.
You represent and warrant 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.
17.1 This Agreement is governed by and will be construed in accordance with the laws of the State of New South Wales, Australia. 17.2 You must comply with any applicable third party terms of agreement when using the App. 17.3 Our failure to enforce any term of this Agreement will not restrict Us from enforcing that or any other term at a later time. If part or all of this Agreement is unenforceable, it will be severed and the balance of the Agreement will remain in full force and effect.