Part A applies to both Service Agents and Users;
Part B applies to Users only;
Part C applies to Service Agents only.
1. Acceptance of Terms and Conditions
1.1 These Terms and Conditions formally set out your obligations relating to accessing services and the Website and mobile applications. They highlight that we will do our best to help you have a good experience, but are not responsible for performance of the Service Agents you find. We also expect everyone to be honest in their dealings.
1.2 By registering as a Service Agent or User you accept these Terms and Conditions. These Terms and Conditions may be changed or amended at any time at the sole and absolute discretion of Fixr. Amendments will be effective immediately upon posting the amended Terms and Conditions on the Website. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Website and services represents your agreement to be bound by the Terms and Conditions as amended from time to time.
2.1 Defined Terms:
In these Terms and Conditions, the following words have the meaning set out below:
Fixr means 3Knights Enterprises Limited (trading as Fixr);
Member means either a User or Service Agent;
Services means any services offered by Fixr from time to time including but not limited to the quoting services, Service Agent finding, Listing, account servicing, providing a feedback, message boards, APP alerts and any other service that Fixr may offer through its Website/App from time to time;
Service Agent is a mechanic/service provider registered on the Fixr Website/App to provide professional quotes/estimates and services to Users;
Users means any consumer registered on the Fixr Website/App to make enquiries about quotes/estimates and services provided by Service Agents. Service Agents may also behave as users when enquiring about quotes/estimates or services provided by other agents;
We and us are references to 3Knights Enterprises Limited (trading as Fixr);
Mobile Application/App: any Android, iOS or other platform application designed for use on a mobile or tablet device released by Fixr in order to assist in the access and use of the Fixr website and its services;
Job: a job/posting exclusively for the purposes of long-term, short-term or temporary employment/contracting.
Website means any Fixr Website or Mobile Application through which the services are offered;
You and your are references to you.
3. General Rules and Conduct
3.1.1 All requests, quotations or communications made through Fixr shall be made in good faith.
3.1.2 All requests, communications, emails and correspondence made through, on the website or to customers who have used the website, must not contain any offensive, insulting, defamatory or inappropriate language. Fixr reserves the right to determine what is offensive, insulting, defamatory or inappropriate and to take action against users who use such emails, including the suspension, deactivation and permanent banning of users from the site.
3.1.3 You must not damage, interfere with or harm the Website or services, or any network, or system underlying or connected to them, or attempt to do so.
3.1.4 You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose.
3.1.5 You shall not list your email address, phone number or any other contact detail within the description of your User profile or posted jobs. However, you may exchange your appropriate contact details once quote has been selected and appropriate booking fees have been paid.
3.1.6 You must quote in New Zealand Dollars and include GST in the price. All tax obligations are the responsibility of the Service Agent and/or the User (as the parties determine).
3.1.7 You must not complete a transaction outside of the Fixr process or otherwise seek to avoid Fixr fees referred to in paragraph 7. Attempts by you to avoid fees may result in Fixr suspending or terminating your Membership at the discretion of Fixr.
4. Access to Website
4.1 Members: You may gain access to Fixr services through the Website only through the use of your email address and password. By registering as a User, you warrant that you can form a legally binding contract with us under these Terms and Conditions.
4.2 Breach of Security: If you have any reason to believe that the security of your password has been compromised you shall take all steps to change it on the Website. You shall remain liable for any unauthorised use of the Website until the change is effected.
4.3 Security of Your Login Information: You are responsible for keeping your log in information, including your email address, username and password, secret and secure, including (but not limited to), you agree:
4.3.1 not to permit any other person to use your username or Membership; and
4.3.2 not to disclose or provide to any other person, your password, username, email address, date of birth or any other information in connection with your Membership that may allow them to gain access to your Membership.
4.4 Becoming a Member: You may only register as a User or Service Agent if you are a resident or citizen of New Zealand and can form a legally binding contract that is enforceable against you.
4.5 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a User or Service Agent. You must maintain and update your personal information held by Fixr to ensure it is kept current at all times. Fixr may phone or mail you to verify these details. You must not register as a Member under multiple identities or personas (whether false or not). However at Fixr’s discretion, you may create a business Membership in addition to your personal Membership.
4.6 Emails and Newsletters: Fixr will send you emails relating to your Membership, transactions and other activities on the Website and for promoting and marketing other service requests, quotation requests or Fixr products and services to you. Fixr may also send regular electronic newsletters to Members. Newsletters will contain clear and obvious instructions of how you can unsubscribe from the mailing list if required.
5. Fixr Services
5.1 Quoting/estimating services:
5.2.1 Fixr provides services that enable Users to request quotes/estimates from Service Agents (Job Request). We will match the User's job request with multiple Service Agents.
5.2.2 Upon entering your information and a job request on the Website/App, we will provide you with a list of Service Agents in your area (if any) who have expressed an interest in providing a quote/estimate and fulfilling your job requirements. You will be notified of interest in your enquiry from Fixr Service Agents directly. While we will do our best, we do not guarantee that we will be able to match your repair/service request with a Service Agent or that there are Service Agents in your area that are capable of or willing to complete your job request.
5.2.3 We do not:
(a) guarantee or make representations regarding the skills or representations of any Service Agent using our Website/App or the quality of the job that he or she may perform for you if you elect to retain their services; or
(b) endorse or recommend the services of any particular Service Agent.
5.2.4 Fixr is at no time or in no way a party to any contract between you and a Service Agent and we are not to be included or mentioned in any such contract.
5.2.5 The Service Agents are not employees or agents of Fixr.
5.3 Completed Contract: If, following a job request, a quote/estimate made by a Service Agent is accepted by the User, then a contract is deemed to have been made between the User and Service Agent unless explicitly stated otherwise.
5.4 Other services: Fixr shall also provide a feedback mechanism for Users to post feedback about a Service Agent used. The terms specific to feedback are set out under paragraph 8;
5.5 Specific Warnings:
5.5.1 The services: We provide a venue to introduce Members who want to request and provide trade services. We do not take any part in the provision of such services other than by providing the services made available on our Website. If a quote/estimate is accepted by a User, a contract of sale will be formed between the Service Agent and User directly. We do not act as agent for either party and do not participate in any sale or transaction between you and other Members.
5.5.2 At Your Own Risk: Transactions and all other contact between you and other Members are conducted entirely at your own risk. You agree that Fixr takes no responsibility or liability for any misconduct of any of its Members including, without limitation, Members that have registered under false pretences or who attempt to defraud you. Fixr gives no undertakings, representations, or warranties in relation to trade services requested by a User or quoted/estimated by a Service Agent, including:
(a) as to the content, safety, description, worthiness, quality, or legality of the services that are listed on the Website;
(b) as to the accuracy or truth of requests or quotation/estimation;
(c) that any repairer services will meet your requirements or expectations;
(d) about the ability of Members to complete and/or pay for a transaction, including credit/debit card transactions; or
(e) ownership of any item.
5.6.1 You expressly understand and agree that:
(a) your use of the services is at your sole risk. The Website, App and services are provided on an as is and as available basis. To the maximum extent permitted by law Fixr disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Fixr does not warrant that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) that any information (including Feedback) provided on the Website is error-free or reliable;
(c) no advice or information that is obtained by you from Fixr or anyone else shall create any warranty by Fixr that is not expressly stated in the Terms and Conditions; and
(d) responsibility for the content of advertisements appearing on the Website/App (including hyperlinks to advertisers' own Websites/App) rests solely with the advertisers. The placement of such advertisements on the Website does not constitute Fixr’s recommendation or endorsement of the advertised product or service. Each advertiser is solely responsible for any representation made in connection with its advertisement.
5.7 Liability: You agree that, to the maximum extent permitted by law, any liability and responsibility of Fixr to you or any other person in connection with these Terms and Conditions, the services or this Website/App is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Fixr’s liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data loss of business, general and special damages, and consequential and incidental loss. If for any reason we are found to be liable to a User or Services Agent, our maximum liability whether for breach of contract, negligence or any other reason shall be limited.
5.7.1 in the case of a User, to the amount paid by you to the Service Agent in respect of the transaction in which we are held liable;
5.7.2 in the case of a Service Agent, to the amount received by you from a User in respect of the transaction in which we are held liable.
5.8 Consumer Guarantees Act: You acknowledge that if the Services are being acquired provided as a business transaction for the purposes of section 43 of the Consumer Guarantees Act 1993, that Act shall not apply to any such Services.
5.9 Fixr may de-register any User or Service Agent who:
5.9.1 fails to make any payment to Fixr or in the case of a User to a Service Agent when due;
5.9.2 in our sole opinion brings the name Fixr or the Website into disrepute; or
5.9.3 fails to make any payment to Fixr or in the case of a User a Service Agent when due.
5.8 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your use of Fixr’s customer ratings, or arising out of any content or item you submit, post, transmit, or make available through the services.
5.9.1 Without limiting any other rights and remedies available to Fixr, Fixr may limit your activities on the Website/App, remove your requests or account details, warn other Members of your actions, issue a warning to you, suspend or terminate your Membership, or refuse to provide our services to you if you breach these Terms and Conditions or where Fixr considers in its sole discretion it appropriate.
5.9.2 Fixr does not make any representations or warranties that Members are appropriately licensed, free of bankruptcies or civil or criminal legal judgments, or carry appropriate general and public liability insurance either at the time of registration, during the period they are Members, or thereafter. As circumstances may vary, Fixr advises you to satisfy yourself as to the accuracy of the information provided by each Member.
6. Intellectual Property
6.1 All content included on this site, such as text, reviews, feedback, graphics, logos, button icons, images, audio clips, software, and mobile applications, are the property of Fixr or its content suppliers and protected by New Zealand and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Fixr and protected by New Zealand and international copyright laws. All software used on this site is the property of Fixr or its software suppliers and is protected by New Zealand and international copyright laws. Any use including the reproduction, modification, distribution, transmission, republication, display, commercialisation or performance of the content on this site is strictly prohibited.
6.2 Fixr is a registered trademark of 3Knights Enterprises Limited.
7. User Obligations
7.1 Your Obligations as a User:
7.1.1 You must only place a job request if you intend to pay for the relevant service.
7.1.2 If you choose to complete a transaction with a Service Agent, you warrant and represent that you have the legal right to enter into and complete the transaction.
7.1.3 You must pay a Fixr booking deposit fee once the quote been accepted, as provided by to clause 9.
7.1.4 You must make full and prompt payment for any services you purchase from a Service Agent.
7.1.5 You agree to your contact details being supplied to the Service Agent (as chosen by you) when you make a job request.
7.1.6 You must not post a job with the intention of targeting Service Agents for any other purpose other than completing a specific job. If you would like to target the Fixr’s database of Service Agents or Users for other reasons, including but not limited to (1) recruiting staff, (2) advertising your products, (3) any other reason, then you must contact us to discuss other options.
8. User Information
8.1 User Details: As a User, you agree that when you post a job on the Website/APP, multiple Service Agents may be provided with your contact information and may make contact. The personal contact details of the User will remain confidential until a Service Agent views a job and User Accepts the Quote/Estimate.
8.3 Accuracy: You undertake that all information you provide will be accurate, current and correct. If you provide any information that is found to be inaccurate, untrue, or false, or if Fixr has reasonable grounds to suspect that such information is inaccurate, untrue or false, Fixr has the right to refuse any current or future use of the Website and App (or any portion thereof) by you.
8.4 Indemnity: To knowingly input false information, including but not limited to name, phone number, address or email address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to Fixr and its Service Agents, and to consumers as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a job or service request, including but not limited to some one else's name, email address, physical address or phone number or a random or made up name, address, email or phone number you agree to fully indemnify and be liable to Fixr and each Service Agent who accepts such job request, for any loss whatsoever that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto.
9. Fees and Accounts
9.1 User Fees:
9.1.1 User Registration: Becoming a User is free.
9.1.2 User Quote Acceptance: A booking deposit fee which is charged at 5% (plus GST) of the total quote/estimate amount from a Service Agent once it has been accepted by the User.
9.1.3 Minimum fee is $10 plus GST.
9.1.4 Fixr has the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $20 administrative fee) that Fixr incurs in collecting that debt.
9.1.5 Fixr has the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
9.1.6 All fees are exclusive of GST and are in New Zealand Dollars unless otherwise stated.
9.1.5 Credits or refunds: Credits or refunds may occasionally be offered in other circumstances at the discretion of Fixr. In order to obtain a refund, please email HYPERLINK "mailto:[email protected]" \h [email protected] stating your job number and a reason for the refund. We will review your refund request within 7 working days and notify you with the outcome.
9.1.6 Queries: If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our contact us page.
10.1 Fixr encourages Users to provide feedback, ratings and reviews about the Service Agent you have used. Fixr has the right to publish feedback from Users, including ratings and statistics based on Service Agent activity on the Website/App and will use this information to monitor the performance and continued Membership of Service Agents.
10.2 Feedback must not contain offensive, defamatory or inappropriate language. Fixr the sole right to determine what is considered offensive, defamatory or inappropriate language. Feedback must be factual, and not contain offensive, defamatory or inappropriate language.
10.3 You may only give Member feedback that relates to a specific transaction. You must not post feedback on a transaction that does not relate to that specific transaction.
10.4 You must not post feedback about yourself or include any contact details or personal information in your feedback.
10.5 Feedback is provided for the sole purpose of facilitating dealings between Members on the Website. You must not market or export any feedback to any venue other than the Website/App.
10.6 Fixr accepts no responsibility for any offensive, defamatory or inappropriate feedback submitted on the Website.
11. Service Agent Obligations
11.1 Your Obligations as a Service Agent:
11.1.1 You will only provide quotes/estimates to Users that are accurate, current, complete, and include all relevant information about the terms of repair services and payment terms.
11.1.2 You will only provide a quote/estimate for the jobs if such jobs can be provided.
11.1.3 You agree to your email address and contact details being supplied to the User in respect of a request.
11.1.4 You agree to pay applicable subscription fees to Fixr on presentation of invoice or/and by the due date.
11.1.5 When a quote or final price is agreed upon the Service Agent must provide Fixr with the agreed amount.
11.1.6 You agree to abide by any promotions, specials or similar offered to Users by Fixr, either through the website or a third party.
11.1.7 If you are not satisfied with a review that has been placed you may not threaten, coerce or intimidate a user into changing a review. If you believe a review is offensive, insulting, or defamatory please contact Fixr.
12. Fees and Accounts
12.1 Service Agent Fees:
12.1.1 Any fee payable to Fixr will be invoiced to the Service Agent by Fixr and payable within the period indicated on the invoice.
12.1.2 Fixr has the right to change the fees charged for any of our services at any time. In the event that we introduce a new service, the fees for that service are effective at the launch of the service, unless otherwise stated.
12.1.3 All fees are exclusive of GST and are in New Zealand Dollars unless otherwise stated.
12.1.4 Fixr has the right to take action against you to recover outstanding debt. You are liable for all expenses (including but not limited to court costs, legal fees, collection agency fees, and a $20 administrative fee) that Fixr incurs in collecting that debt.
12.1.5 All fees charged by Fixr are to be considered a cost of business and are not to be passed on directly to the User through the quote. Fixr is a means of marketing a business and should be treated as such in regards to fees. Directly charging the fee through an invoice will result in the Agent account being terminated.
12.1.6 Credit Card Services: A credit card service is provided to allow Service Agents to pay for fees associated with subscription services.
12.1.7 Currency: All fees are in New Zealand dollars (NZD). Payments made from non-NZ credit cards will be charged in New Zealand dollars.
12.1.8 Terms of payment: Our Subscription fee invoices have payment terms as described on the invoice.
12.1.9 Subscription fee is paid for on a subscription basis in advance. Refunds will not be given. Fixr does not guarantee that any Service Agents will be granted any particular job, or that Service Agents will secure work from the jobs they apply for. Fixr will not be responsible to you or any third party for any losses or costs that may result or arise out of you not updating or cancelling your agreement prior to the renewal date. From time to time Fixr may change its Subscription Membership prices. Provided we give you 14 days notice of a pricing change, if you do not cancel before your scheduled renewal you have agreed to the new price. You agree that having a membership does not remove Fixr right to Limit or Terminate your services. You agree that Fixr has the right to change the features of the Subscription Membership.
12.2 Overdue accounts: You agree you are responsible for paying our invoices within the payment terms of the invoice. If your account has an invoice which is overdue your account will be automatically restricted. Past due balances will be subject to a finance charge of 1.5% per month.
12.3 Credits or refunds: Credits or refunds may occasionally be offered in other circumstances at the discretion of Fixr.
12.4 Receiving invoices: You agree to receive all invoices by email to the email address you have given to us. It is your responsibility to ensure that this email address is working correctly.
12.5 Queries: If you have a question about a charge on your credit or debit card, you agree to contact us using the form available on our contact us page.
12.6 Payment failure: Should any payment method you use fail or later be reclaimed by the bank or card issuer you agree to pay any costs incurred by us plus a $5 + GST administration fee.
12.7 Authorisation: You must be authorised by the company or individual for which you are creating an account. Unauthorised registration of a company or individual which you do not have permission will be considered fraudulent behaviour, which may may result in regulatory fines, penalties and/or referring the matter to the police.