Last updated March 13, 2018
Your access and use of the Services constitutes your agreement to be bound by this Agreement. If you do not agree to the Terms, your only course of action is to not access the Services. The Terms, together with any Supplemental Terms (as defined below), expressly supersede prior agreements or arrangements with you, and supersede content or information you read or have access to at other places, such as our website, emails, or applications. fixatmine may immediately terminate this Agreement or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason or no reason.
Supplemental terms or policies applicable to any particular Service ("Supplemental Terms") will be disclosed to you. Supplemental Terms may include terms and conditions of any particular event, activity, program or promotion. Supplemental Terms are in addition to, and shall be deemed a part of, this Agreement. Supplemental Terms shall prevail over these Terms in the event of a conflict with respect to the applicable Service(s).
fixatmine may amend the Terms from time to time. Amendments will be effective upon fixatmine's posting of such updated Terms or such amended Supplemental Terms. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
By accessing and using the Services, you represent and warrant that: (i) you are at least 18 years old and are a legal adult in the jurisdiction in which you reside; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the Terms, and that you will so abide. If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. The Services are not available to anyone under 18 years of age, or to any individual whose account has been terminated. Your account may not be used for Services to be performed for another person.
The Services constitute a technology platform including websites and mobile applications (the "fixatmine Platform") that enables users to access a network of vehicle service providers (mechanics, technicians, towing service providers, or other independent contractors) ("Technicians"), and/or to arrange for vehicle inspection, diagnosis, maintenance, repair or related services ("Vehicle Services"). We may use a mix of employees and third party contractors to fulfil vehicle services and we reserve the right to allocate either an employee or third party contractor to the vehicle service. You may request to us in writing to find out whether a contractor or a fixatmine employee is allocated to your vehicle service. In the event that a contractor is allocated to your vehicle service, you acknowledge that we do not supervise, direct, or control a Contractor Technician's work or Services performed in any manner. A Contractor Technician provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of fixatmine for any purpose whatsoever.
License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to access and use the Services subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.
Restrictions. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
Ownership. The Services and all rights herein are and shall remain our property. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services, except for the limited license granted above, or to use or reference in any manner our company names, logos, product and service names, trademarks or services marks. All content appearing on the fixatmine Platform is our property or the property of our partners and is protected by international copyright laws. Certain names, graphics and logos are trademarks, service marks, or trade dress (together, "Marks") of fixatmine. Our Marks may not be used for any purpose except pursuant to our Trademark Usage Policy. All other Marks are the property of their respective owners and may not be used without their prior written consent.
Personal Information. In order to use most aspects of the Services, you must supply us with relevant details which include certain personal information, such as your name, email address, address, vehicle information, and/or mobile phone number, and/or at least one valid payment method (e.g., a credit card). You agree to maintain accurate, complete, and up-to-date information in your Account. Your vehicle information may include the license plate number, VIN (Vehicle Identification Number), make, model, year, engine size, trim, etc. Your failure to provide accurate, complete, and up-to-date Account information may result in your inability to access and use the Services or fixatmine's termination of this Agreement.
Scheduling a Job. To request an appointment for Vehicle Services (a "Job" and a "Job Request"), you may be asked to specify the type of service that you think is required, the location where you would like the Job to be performed, and the date and time that you would like the Job to take place. You agree that it is your responsibility to provide a suitable location for the Job, and to ensure that the Technician has proper access and permission, and is legally authorised to complete the Job at the location.
Once you submit a Job Request, we may provide you with a price and/or further details regarding what tasks will be performed and what parts will be replaced/provided during the Job. We reserve the right to modify, add, or delete items and/or price at any time prior to billing you. If you have agreed with the Technician to modify, add, or delete items in the Job Request, or to reschedule a Job, you must notify us. When you reschedule a Job, you agree to do so through the fixatmine Platform or through directly contacting us through phone or email.
You agree to treat Technicians courteously and lawfully, to provide a safe and appropriate working environment that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to enable Technicians to complete the Job.
Plastic, composite and rubber engine and cooling system components are often affected by age and temperature fluctuations and become fragile over time. Because of this, such parts can break or even disintegrate during procedures that involve their disassembly or handling. You understand that fixatmine will not be held liable for these types of component failures, and that in the event of such, fixatmine will provide you with a revised estimate to include the replacement of the failed component.
Communications. You expressly consent and agree to receive communications from us, including via e-mail, text message, calls, and push notifications, to the mobile number you provided to us during the booking process. You understand that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of fixatmine or its affiliated companies, or Technicians, including operational communications concerning your booking, use of the fixatmine Platform or Services, updates concerning new and existing features on the fixatmine Platform, communications concerning promotions, and news concerning us and our Services. You may opt out of receiving selected promotional emails from us at any time by sending a written request to the email: [email protected] However, email or other forms of communication that are directly and specifically related to your booking cannot be opted out of.
Promotional Codes or Credits. We may create promotional codes or credits that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Technician's services, subject to any additional terms associated with each promotion ("Promo Codes"). You agree that Promo Codes: (i) must be used by the intended audience and for the intended purpose and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to fixatmine; (iv) may only be used pursuant to the specific terms that we established for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. fixatmine reserves the right to interpret how the Promo Codes will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that we determine or believe that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Content. We may permit you from time to time to submit, upload, publish or otherwise make available 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 us, you grant us a worldwide, perpetual, irrevocable, transferable, unrestricted, non-exclusive, absolute, royalty-free license, with the right to sublicense, to use, copy, modify, transmit, reproduce, exhibit, disclose, display, transform, 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, without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including developing, manufacturing and marketing products and/or services incorporating any User Content. 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 us 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 our 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, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason or no reason, without notice to you.
Network Access and Devices. You are responsible for obtaining the compatible hardware or devices and data network access necessary to use the Services. The Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications and we shall not be held liable for any such malfunction or delay.
You understand that use of the Services may result in charges to you for the Vehicle Services you receive from a Technician ("Charges"). Charges may attract Goods and Services Tax (GST) and any applicable federal, state and local taxes that are enforced at the time of booking. At the time you schedule a Job, we will record your preferred payment method information and validate your payment information. From 8am on the day prior to your scheduled Job, we will pre-authorise your payment card for the full amount of the booking charge. The pre-authorisation only represents a hold on funds on your payment card and does not constitute a payment to us. Upon completion of the service, you authorise the payment of Charge(s) according to your preferred payment method information, or, if applicable, the payment of a cancellation fee if you cancel the Job. You agree not to make any alternative payment arrangement with the Technician who performs the Job. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.
After you have received Vehicle Services obtained through your use of the Service, we will facilitate your payment of the applicable Charges. Charges paid by you are final and non-refundable, unless otherwise determined by us. All Charges are due immediately after a service is complete. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that we may use a secondary payment method in your Account, if available.
We reserve the right to establish, remove and/or revise Charges for any or all Vehicle Services at any time in our sole discretion. If a Technician changes the Vehicle Services needed, or adds additional Vehicle Services with your prior consent, you authorise the payment of updated or modified Charges. If the Technician determines that your car requires services other than the Vehicle Services you specified in your original Job Request or that the Technician is not able to perform such work, you may be charged a separate diagnosis fee at a rate of $85 per hour plus GST.
Termination by fixatmine. We may terminate this Agreement, your booking or terminate or suspend your Account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your Account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to pursue any available legal action. When terminating your Account, we may delete the Account and any information in it. You have no ownership rights to your Account.
Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Services (provided that there are no outstanding Services ordered under your Account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your Account, this Agreement shall not terminate until such Services have been performed or otherwise cancelled as permitted by this Agreement.
Cancellation of Jobs by You. You may cancel or reschedule a scheduled Job at any time by contacting us directly through email or a phone call, subject to the following: if you cancel or reschedule at least 48 hours prior to your scheduled job, there is no cancellation fee; if you cancel within 48 hours to your scheduled job, you will be charged a $100 cancellation fee; if you reschedule within 48 hours to your scheduled job, you will be charged a $25 rescheduling fee. We reserve the right to establish, remove and/or revise our cancellation policy or cancellation fees at any time in our discretion.
Inability to fulfil Service request. There may be rare occasions where the Mechanic allocated to attend to your Service Request at the date and time specified in your booking/job may not be able to do so due to a variety of reasons. When this occurs, we generally notify you and attempt to make your Service request available for another Mechanic. However, we cannot guarantee the Job will be replaced by another Technician at the same booking time that you have requested for. In this instance, we will offer you the option for a free reschedule at a date and time convenient to you or alternatively a free cancellation of the booking. You hereby agree to hold us harmless from any liability that may result from the cancellation of a Job or refusal of a Technician to complete a Job.
There may be instances where, after a Technician has arrived at your location, the Technician finds that he or she is not able to successfully complete the Job, for reasons including, without limitation, that the Technician does not have access or permission to work on your vehicle at the location you provided, that the location is not fit for automotive services (e.g., hill or uneven surface), or that the information you provided with respect to your vehicle is inaccurate or incomplete. In such instances, you may be charged a minimum "callout" fee of $85 plus GST or a cancellation fee of $100.
In order for our technicians to provide you with the best possible service, there are a few things we need from you. Please make sure that:
Ensure that your vehicle is parked on a flat and level surface.
Ensure that your vehicle is parked on a hard and even surface e.g. not on grass, dirt or gravel.
Sufficient work area
Ensure that there is 1.5 metres clearance around your car. So, that there is enough space to open all your car doors without damage being caused to your car.
Sufficient work area – Car parks
Ensure that there is one empty space next to your vehicle. This will ensure that our mechanic has enough space to complete your service safely.
We do not provide inspections that are equivalent to state inspections or "Pink slip" safety checks. Obtaining any inspection through the fixatmine Platform does not indicate that your vehicle would pass a state inspection or a "Pink slip" safety check.
If you schedule a diagnosis Job with a Technician, he or she will first seek to diagnose the problem. In performing a diagnosis, he or she may go through a step-by-step process to rule out or confirm part failures through visual inspection and/or appropriate tests. Although Technicians use their experience in performing diagnoses, we cannot guarantee that any particular diagnosis will identify all of the problems with your car (and/or solutions) during the first inspection. Sometimes, the only way to get to the root cause of a problem is to go through a process of elimination – that is, to replace a part suspected to be defective and then see whether the problem still exists.
After receiving a diagnosis, you may request subsequent repair work recommended based on the diagnosis. You agree that our Limited Warranty applies only to such repair work, not to the completeness of the diagnosis or to any problems that you may be experiencing with your car (other than a problem with the replaced part itself). For example, if your car has an oil leak, the leak may be coming from two or three different places in your engine. The Technician may recommend replacing the part responsible for the most obvious source of the leak, and then recheck the car to see if there are other components that are leaking too. You understand that, if there are other leaking components, replacing those other components would be separate work subject to an additional Charge.
Technicians may be subject to an extensive vetting process before they are employed by fixatmine, which may include a comprehensive police check. Although we may perform background checks of Technicians, we cannot confirm that each Technician is who they claim to be and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the fixatmine Platform. When interacting with Technicians, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FIXATMINE PLATFORM AND YOU HEREBY RELEASE FIXATMINE FROM ANY LIABILITY RELATED THERETO. WE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE FIXATMINE PLATFORM.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY , THE SERVICE AND PARTS ARE MADE AVAILABLE ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY. YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK. WE DO NOT PROVIDE, AND SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE FIXATMINE PLATFORM WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE FIXATMINE PLATFORM WILL BE CORRECTED; (VIII) THAT SERVICES OFFERED WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE FIXATMINE PLATFORM IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. FIXATMINE 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. FIXATMINE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY 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.
YOU AGREE NOT TO HOLD FIXATMINE (OR, ITS STOCKHOLDERS, AFFILIATES, LICENSORS, PARTNERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS AND CONTENT PROVIDERS (COLLECTIVELY, "MEMBERS")) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE FIXATMINE PLATFORM OR ANY SERVICES, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT, DELAY OF PERFORMANCE OR OMISSION OF ANY USER OR THIRD PARTY PROVIDER (OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER), ANY DISPUTE WITH ANY USER OR THIRD PARTY PROVIDER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY FIXATMINE OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL FIXATMINE OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST EARNINGS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FIXATMINE AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE FIXATMINE PLATFORM.
FIXATMINE WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE FIXATMINE FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY RELATED TO ANY THIRD PARTY PROVIDER. WE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN YOU AND ANY THIRD PARTY PROVIDER. THE QUALITY OF THE SERVICES SCHEDULED OR REQUESTED THROUGH THE USE OF THE FIXATMINE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE FIXATMINE PLATFORM, YOU MAY BE EXPOSED TO SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE FIXATMINE PLATFORM, AND THIRD PARTY PROVIDER, AT YOUR OWN RISK. NOTHING IN THIS AGREEMENT OR THE FIXATMINE PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU AGREE THAT WE HAVE NO RESPONSIBILITY OR LIABILITY TO YOU RELATING TO VEHICLE SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT FIXATMINE OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE AND TOTAL LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR CAUSE OF ACTION, EXCEED THE AMOUNT INVOICED FOR THE ASSOCIATED JOB.
BY USING THE FIXATMINE PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE FIXATMINE PLATFORM.
Indemnification. You hereby agree to indemnify, defend, and hold harmless FIxatmine and Members from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the fixatmine Platform, and/or the Services, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including Technicians), and (v) your information and content that you submit or transmit through the fixatmine Platform. fixatmine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of fixatmine.
General. You may not assign these Terms without fixatmine's prior written approval. fixatmine may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of fixatmine's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, fixatmine or any Technician as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. fixatmine's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by fixatmine in writing.
Complaints of Copyright Infringement. We respect the intellectual property of others. We will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided through the fixatmine Platform or in connection with the Services infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to us a properly submitted copyright notice as indicated below, we will investigate, and if we determine, in our discretion, that the material is infringing, we will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed (all relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that we may find it (please note it is not sufficient to merely provide a top level URL); (iii) the complete name, address, telephone number and e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorised by the owner of the rights, or its agents, or by law; (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorised to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and (vi) a physical or electronic signature of a person authorised to act on behalf of the owner of the intellectual property rights that are allegedly being infringed. fixatmine's contact information for notice of alleged copyright infringement is via email: [email protected] or via mail: Attn: Legal, Fixatime, 9 Quinn Road, Port Melbourne 3207, VIC, Australia
Notice. fixatmine may give notice by means of a general notice through the fixatmine Platform, electronic mail to your email address in your Account or booking, or by written communication sent by mail or pre-paid post to your address in your Account or booking. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by mail/post) or 12 hours after sending (if sent by email). You may give notice to fixatmine, with such notice deemed given when received by fixatmine, at any time by mail to fixatmine Attn: Legal, 9 Quinn Road, Port Melbourne 3207, VIC, Australia.
Links to Other Websites and Display of Others' Brand Names or Logos. The fixatmine Platform may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the fixatmine Platform to such websites (including without limitation external websites that are framed by the fixatmine Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites, others' brands or logos, or other material associated with links, logos or brand names that may appear on the fixatmine Platform. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the fixatmine Platform.