CLICKAFIX TERMS OF USE:
Welcome to Clickafix. These Terms of Use (“Terms”) govern the access or use by you, an individual, of applications, websites, content, products, and services (the “Services”) made available by Clickafix Limited a private limited liability company established in Nigeria.
By visiting the Clickafix site, using any of our services or signing up for an account, you’re agreeing to these Terms, including our Privacy Policy, without any limitation or qualification, which will result in a legal agreement between you and Clickafix Limited (“Agreement”). If you do not agree to these Terms, you may not access or use the Services.
Below are a few definitions that should help you understand these Terms.
Clickafix (“Clickafix,” “we,” or “us”) a web-based communications platform (the “App”) which enables connections between Members and Service Providers that allows you to arrange services (collectively, “the Handymen Services”), among other things.
The App is offered through our websites, app, and any other website or mobile application owned or product or service, operated or controlled by us (we’ll collectively refer to these as the “Clickafix Sites”).
Clickafix has employees, independent contractors, and representatives (“our Team”). As a customer of the Clickafix Sites or a representative of an entity that’s a customer, you’re a “Member” according to this Agreement (or “you”). “Service Providers” (or “Handymen’s”) are individuals customarily engaged in a trade, occupation or business of providing the Handymen Services that they are seeking to perform for Members.
These Standard Terms of define the terms and conditions under which you’re allowed to use the Clickafix Sites in accordance with the Agreement, which in addition to our Privacy Policy and Cookie Statement, describe how we’ll treat your account and the data we collect and process about you, while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Clickafix Sites and Services.
Also note that a Member’s account may have access to unique features of the Service based on their historic usage or status.
Clickafix uses additional third parties to provide certain features of the Service, and, as a result, we are contractually obligated to make our Members aware of certain terms related to the use of such features. Therefore, you acknowledge and agree that by signing up for an account and using the Services, you are also bound by these Third Party’s Terms of Use and Privacy Policy.
If you download the App through the Apple App Store, Google Play or other app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Service, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
1. The Services
The Services constitute a web based communication platform that enables users of Clickafix’s mobile applications or websites provided as part of the Services (each, an “Application”) to connect with Service Providers, arrange and schedule services with independent third party providers of such services under agreement with Clickafix or certain of Clickafix’s affiliates (“Third Party Providers”). Unless otherwise agreed by Clickafix in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.
SERVICE PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF CLICKAFIX. CLICKAFIX DOES NOT PERFORM HANDYMEN SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM HANDYMEN SERVICES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, CLICKAFIX OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (HANDYMEN’S) WHO WISH TO PERFORM A VARIETY OF HANDYMEN SERVICES.
2. Account
Eligibility
In order to use the Service, you must:
be at least eighteen (18) years old and able to enter into contracts;
register for and maintain an active personal user account. (Account registration requires you to submit certain personal information such as your name, address, mobile phone number and age);
agree to these Terms;
provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.
Clickafix may terminate, refuse service, close accounts of any Members, deny access to the Services and change eligibility requirements at any time or for any reason.
Term
By signing up for an account and agreeing to these Terms, the Agreement between you and Clickafix is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Clickafix account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. If you sign up for an account on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
Closing Your Account
You or Clickafix may terminate the Agreement at any time and for any reason by terminating your Clickafix account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, unless otherwise required by law.
Changes
We may change any of the Terms by posting revised Terms on our Clickafix Site. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service. We may change the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Service, Add-ons, or any features of the Service at any time.
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account, whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate. We may contact you, or any seat, authorized user, or login added to your account, based on the information provided in your account.
Clickafix may, in Clickafix’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Clickafix through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Clickafix, you grant Clickafix a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Clickafix’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Uber the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Uber’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Uber in its sole discretion, whether or not such material may be protected by law. Uber may, but shall not be obligated to, review, monitor, or remove User Content, at Clickafix’s sole discretion and at any time and for any reason, without notice to you.
Account Disputes
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account until the dispute is properly resolved.
3. Contract between Service Providers and Users
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of Handymen Services. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Platform, and any other contractual terms accepted by both the Service Provider and the Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Clickafix’s obligations or restrict Clickafix’s rights under this Agreement. Clickafix is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Clickafix and the Service Provider, nor will it create an employment relationship between the Client and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Clickafix. Clickafix’s role, beyond enabling connections between Clients and Service Providers via it’s web-based communications platform, is to act as a limited payment collection agent for the Service Provider to facilitate payment for Handymen services on behalf of the Service Provider through the Platform using the PSP. In acting as the limited payment collection agent for Handymen Services on the Platform, Clickafix disclaims any other agency or authority to act on behalf of the Service Provider, and assumes no liability or responsibility for any acts or omissions of the Service Provider, either within or outside of the Platform.
While using the Clickafix Platform, Clients, in their sole discretion, determine whether they will be present or not when the Service Provider is working.
The Client shall pay the Service Provider(s) in full for all services via the PSP as indicated on the Clickafix Platform, at the rates agreed to by the Parties. Each User agrees to comply by these terms and of the Service Agreement during the engagement, performance and completion of any Handymen Services.
4. Payment
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider (“Charges”). After you have booked a contractor and a job for the Services Clickafix will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges may include other applicable fees, including a booking fee, processing fees, and will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Clickafix. The base Charges are set by the Third Party Provider. Clickafix will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service.
All Charges are due immediately and payment will be facilitated by Clickafix using the preferred payment method designated in your Account, after which Clickafix will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Clickafix may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Clickafix, Clickafix reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Clickafix’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Clickafix will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Clickafix may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services provided. Uber does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
Billing Changes
We may change our pricing structure on our Clickafix Site or in your account and/or sending you a notification by email.
5. Rights
Feedback and Proprietary Rights
We own all proprietary rights in the Service, including, but not limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property rights. Nothing in these Terms of Use gives you a right to use the Clickafix name or any of Clickafix’s trademarks, logos, domain names and other distinctive brand features. All right, title and interest in and to the services are and will remain the exclusive property of Clickafix and its licensors.
You shall retain all right, title, and interest in and to the material, content, data, and information (including your personal information and the personal information of others) you submit to Clickafix in the course of using the Service or which Clickafix otherwise retrieves or accesses at your direction or with your permission (collectively, your “Content”). Subject to these Terms, you grant us permission to use or disclose your Content (including any personal information therein) only as necessary to provide the Service to you and/or as otherwise permitted by these Terms. You represent and warrant that: (i) you own or have otherwise obtained all necessary rights, releases, and permissions to submit all your Content to the Service and to grant the rights granted to us in these Terms and (ii) your Content and its submission and use as you authorize in these Terms will not violate (1) any applicable law, (2) any third-party intellectual property, privacy, publicity, or other rights, or (3) any of your or third-party policies or terms governing your Content.
Privacy Policy
Your privacy is important to us. Please read our Privacy Policy and Cookie Statement for information regarding how we collect, use, and disclose your personal information and the privacy rights available to you when you use and interact with the Service.
For much of the personal information we collect and process through the Service, we act as a processor; however, there are certain instances, as described in our Privacy Policy, where we process personal information, including Content and other data from Member accounts, as a controller for important business purposes (e.g., for billing, administrative, security, and product improvement purposes).
Right to Review Content and Campaigns
We may aggregate and anonymize data, including from the Content, to create statistical information. Aggregated anonymized statistical information may be shared externally for research, marketing, or other lawful purposes.
6. Rules and Abuse
By agreeing to these Terms, you promise to follow these rules:
Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
7. Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CLICKAFIX DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CLICKAFIX MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CLICKAFIX DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CLICKAFIX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CLICKAFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CLICKAFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLICKAFIX SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CLICKAFIX’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING SERVICES REQUESTED MAY NOT BE PROFESSIONALLY LICENSED. IN NO EVENT SHALL CLICKAFIX’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED KSHS. 10,000.
CLICKAFIX’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE HANDYMAN OR REPAIR SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY HANDYMAN OR REPAIR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Clickafix and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Clickafix’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Use of our site is at your own risk. You are responsible for securing and configuring your information technology, computer programmes and platform in order to access our Services.
7.4. Equitable Relief
Your violation of these Terms may cause irreparable harm to us and our Team. Therefore, we have the right to seek injunctive relief or other equitable relief if you violate these Terms.
7.5. Legal Fees
If we have to provide information in response to a court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in legal proceedings.
7.6. Disclaimers
We and our Team aren’t responsible for the behavior of any Third Parties, agencies, linked websites, or other Members, including third-party applications, products, or services for use in connection with the Service (each, a “Third-Party Integration”). Your use of any Third-Party Integration and rights with respect to such Third-Party Integration are solely between you and the applicable third party. We are not responsible for the privacy, security or integrity of any Third-Party Integration or the practices and policies of any Third-Party Integration. We make no warranties of any kind and assume no liability of any kind for your use of any Third-Party Integration.
8. Miscellaneous:
8.1. Assignments
You may not assign any of your rights under this Agreement or your use account to anyone else. We may assign our rights to any other individual or entity at our discretion.
8.2. Choice of Law
The Laws of the Republic of Nigeria , will apply to any dispute related to the Agreement or the Service. Each party consents to personal jurisdiction in those courts.
8.3. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
8.4. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Feedback and Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
8.5. Severability
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
8.6. Waiver
If we don’t immediately take action on a violation of these Terms, we’re not waiving any rights under the Terms, and we may still take action at some point.
8.7. Further Actions
You’ll provide all true and accurate documents and take any actions necessary to meet your obligations under these Terms.
8.8. Notification of Security Incident
If we become aware of a security incident related to our systems or databases that contain personal information of you or your contacts, we’ll notify you if required by law. In that event, we’ll also provide you with information about that incident so that you can evaluate the consequences to you and any legal or regulatory requirements that may apply to you, unless we’re prevented from doing so by legal, security or confidentiality obligations. Notifying you of a security incident or cooperating with you to respond to one will not be deemed an acknowledgement or assumption of any liability or fault of Clickafix for such incident.
8.9. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Site. Any notice to us will be effective when delivered to us along to any addresses as we may later post on the Site.
8.10. Entire Agreement
These Terms and any additional terms you’ve agreed to by enabling any Add-ons make up the entire agreement between us in relation to its subject matter and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into the Agreement when you activate the corresponding Add-on.
Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control to the extent of the conflict.
8.11. Changes to the Terms of Use
Clickafix reserves the right to change, revise or modify these Terms from time to time by updating this page. The most current version of the Terms will continue to govern our relationship with you.
9. Contacts
If you have any complaints, questions or queries, contact us at contact@clickafix.com
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