Terms & Conditions

Last Updated: November 11, 2023

This document serves as an electronic record and is published in compliance with the provisions of the Information Technology Act, 2000, and the related rules. It is generated by a computer system and does not necessitate physical or digital signatures.

A. The website "https://radiancefixitup.wixsite.com/radiancefixitup" (referred to as the "Website") and the mobile application "Fixitup and Fixitup officer app" (referred to as the "App") collectively constitute the "Platform" and are operated and managed by the Company. The term "Company" collectively and individually refers to each company responsible for operating and managing the Platform in specific cities. You can find comprehensive details about the Company here.

B. These terms of use ("Terms") govern your utilization of the Platform. In these Terms, the Company may be referred to as "Fixitup," "Fixitup officer," "We," "Us," or "Our," and the terms "You," "Your," or "User" pertain to users of the Platform. We highly value the trust you bestow upon us. Consequently, we maintain reasonable security standards to safeguard your transactions and information.

C. Please meticulously peruse these Terms before utilizing the services. If you do not concur with these Terms, refrain from using the Services (defined hereinafter) on the Platform, and we kindly request you to uninstall the App. Simply by using or accessing the Platform, you enter into a contract with Fixitup and Fixitup officer. This signifies your acceptance of these Terms and other policies of Fixitup and Fixitup officer, including the Company's cancellation policy and the published privacy policy (referred to as the "Privacy Policy"), as posted on the Platform and subject to updates. These become effective on the date of your first use of the Platform, establishing a legally binding agreement to adhere to them. By providing your personal information, you consent to Fixitup and Fixitup officer accessing your personal information for the purpose of providing the Services. You also confirm your interest in using the Services through the Platform in accordance with these Terms.

D.Fixitup and Fixitup officer reserve an unequivocal right to modify or amend these Terms. You can ascertain the last modification date by referring to the "Last Updated" legend above. The latest version of these Terms is accessible on the Platform at any time. We advise you to periodically review the Terms on the Platform. Your continued use and access to the Platform imply your consent to any changes. If the modified Terms are unacceptable to you, kindly discontinue accessing the Platform.

1.Services

1.1. You recognize that the Platform grants you the following services, including:
1.1.1. A personal, limited, non-exclusive, non-transferable, and revocable right to access and utilize the Platform for the purpose of obtaining fixing services or making fixing requests from the Company, provided on a business-to-consumer (B2C) basis.
1.1.2. Access to services offered by the Company through the Platform, encompassing but not restricted to last-mile fixing services.
1.1.3. A prompt and efficient response to your inquiries or concerns regarding your account and the services you've availed of, using the Platform.

1.2. The Company, at its discretion, may add, alter, or remove any of the services listed above periodically without prior notice. The Company retains the prerogative to offer these services in any area or city in India, as determined solely by the Company. Prior to applying or registering to access any of the Services, we kindly request you to verify if these Services are available in your specific area or city. The Company offers last-mile services through fixers, who will provide fixing services for a fixing service fee.

1.3. The Company does not: (i) engage in any 'unfair trade practices' either on the Platform or elsewhere concerning the Services; (ii) exhibit discrimination among Users of the same category or make arbitrary classifications of Users; and (iii) show bias among third-party repair service providers.

2.Eligibility to Use

2.1. The Services are not accessible to individuals who are minors, meaning those under the age of 18 (eighteen) years, undischarged insolvents, or Users who lack the legal capacity to enter into a contract under the Indian Contract Act, 1872, unless specified otherwise here. You hereby affirm that you are: (i) of legal age to enter into a binding contract, (ii) not barred by applicable laws from receiving Services from the Platform, and (iii) competent to engage in a legally binding contract. If you are under 18, you may only use and access the Services with the explicit consent of a parent or guardian, and under their supervision.

2.2. You shall not engage in discrimination against third-party fixing service providers on the basis of race, religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other criteria considered unlawful under applicable laws. Substantial evidence of such discrimination, including the refusal to accept goods or services based on the aforementioned criteria, either singly or in conjunction with any other criteria, will render you ineligible and result in the suspension of Services. You shall have no claims against us, and we shall bear no liability for any suspension resulting from the aforementioned actions.

3.User Account, Password, and Security

3.1. To access the Services on the Platform, you must register and create an account by providing the necessary details as outlined in the Privacy Policy ("Account").

3.2. You are exclusively responsible for the information you furnish to us. You must ensure and verify that your Account information, as well as all the information provided by you, is complete, accurate, and current. In the event of any changes in the Account information or the discovery of incomplete or inaccurate information, you must promptly update your Account information on the Platform or request Fixitup, fixitup officer for information revision or update. If the information provided by you is found to be untrue, inaccurate, unauthorized, outdated, or incomplete (or subsequently becomes so), Fixitup, Fixitup officer reserves the right to decline any or all Services if there are reasonable grounds to suspect the information's inaccuracy or incompleteness. Fixitup, Fixitup officer retains the explicit right to deny access to the Services at any time without prior notice in cases where you fail to adhere to the Terms stipulated herein or fail to comply with applicable laws.

3.3. You are responsible for maintaining the confidentiality of your Account information and assume full responsibility for all activities that occur on your Account. You agree to immediately notify Fixitup, fixitup officer of any unauthorized access to your Account. Failure to keep your Account information secure and confidential may render you liable to compensate for losses resulting from unauthorized use of your Account.

4.Payment-Related Information

4.1. Details regarding accepted payment methods on the Platform will be presented during the payment process.
4.2. To the extent permitted by applicable law and subject to the Privacy Policy, you acknowledge and agree that the Company may utilize certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. The Company ensures that such third-party vendors and service providers hold the necessary licenses from the appropriate authority.
4.3. To access the Services, you commit to using and providing valid banking details or other necessary information for facilitating payment for the Services ("Payment Details"). By providing Payment Details, you confirm, assure, and pledge that: (a) you are legally authorized to furnish such Payment Details; (b) you are legally permitted to make payments using these Payment Details; and (c) such actions do not contravene the terms and conditions governing your use of these Payment Details or applicable law. You have the option to add, remove, or modify the Payment Details you've supplied through the Platform.
4.4. Except where required by applicable law, the Company is not responsible for payments authorized through the Platform using your Payment Details. Specifically, the Company is not liable for payments that fail due to: (a) insufficient funds in your bank account or another payment method; (b) incorrect Payment Details provided to the Company; (c) the expiration of your payment card; or (d) circumstances beyond the Company's reasonable control, such as power outages, cellular service interruptions, or other external interferences preventing the execution of the transaction.
4.5. Unauthorized transactions carried out on the Platform using your Payment Details are not the responsibility of the Company. The Company is not obligated to refund any funds in such cases.
4.6. The payment facility provided by the Company is not a banking or financial service but serves as an electronic, automated online payment system, enabling payment upon delivery for transactions on the Platform using existing authorized banking infrastructure and card payment gateway networks, where applicable. Some payment methods may incur additional fees charged by your issuer, such as transaction fees or related charges associated with processing your transaction.

5. Prices of Services
5.1 The prices for each Service may vary due to various factors, and you can verify the price on the Platform before placing a service request. By raising a request, you agree to pay the prices as stated. All Services listed on the Platform will be quoted in Indian Rupees, including repair service fees and inclusive of all taxes. Please note that these prices are applicable only for labor charges and do not include the cost of replacement products. Prices of Services may be subject to periodic adjustments. The Company strives to provide Services at the most competitive prices on the Platform. However, unintentional errors may occur with respect to Prices and other Service information. If you identify such errors, please bring them to our attention, and we will make the necessary corrections.
5.2 Users will be informed of all charges, fees, and costs associated with purchasing Products on the Platform during the checkout process. The Company does not manipulate the prices of any Services offered on the Platform.

6.Cancellations

6.1. Cancellation Policy: You have the option to cancel an order at no cost at any point before or after the Company accepts the order. However, orders cannot be canceled after the service has been completed and payment has been made. The Company reserves the right to cancel an order (either in full or partially) for reasons such as a shortage or unavailability of certain services. If the Company cancels an order, you will not incur any charges for such cancellations.

7.User Care

7.1 Beware of Fraud:
7.1.1. Please refrain from sharing your debit/credit card number, CVV number, OTP, UPI/ATM pin, and other sensitive information with anyone claiming to be a Company representative. Company or its authorized representatives will NEVER request such details from you. Be cautious of fraudsters and report any incidents immediately to your bank, the nearest police station, and at https://cybercrime.gov.in/.
7.1.2. For assistance with Fixitup service-related issues, please send an email using the provided contact details on the profile page.
7.1.3. Exercise caution when verifying portal/website links claiming to be Fixitup, fixitup officer or resembling it, as well as payment links shared on social media or messaging apps claiming to offer Fixitup, fixitup officer discounts or promotions. Be proactive in handling calls from unauthorized numbers requesting personal or financial information.

8.Use of the Platform

8.1. Subject to compliance with the Terms, the Company grants you a personal, non-exclusive, non-transferable, limited, and revocable privilege to access and use the Platform. You agree to use the Platform only for purposes allowed by the Terms, in accordance with applicable laws and accepted practices or guidelines, and for availing the Services provided through the Platform. You also agree not to engage in activities that could negatively impact the use of the Platform by the Company or other Users.
8.2. The Platform or any part of it must not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for commercial purposes.
8.3. You agree not to frame or employ framing techniques to enclose any trademark, logo, or other proprietary information of the Platform.
8.4. You agree not to access the Platform through any means other than the interface provided by the Company. You shall not use any deep-link, robot, spider, or other automatic device, program, algorithm, or methodology, or any similar manual process, to access, acquire, copy, or monitor any portion of the Platform or its Content. You shall not reproduce or circumvent the navigational structure or presentation of the Platform, materials, or any Content in any way.
8.5. Furthermore, you shall not host, display, upload, modify, publish, transmit, store, update, or share any information that:
8.5.1. Belongs to another person without the appropriate rights.
8.5.2. Is defamatory, obscene, pornographic, paedophilic, invasive of privacy, insulting, or harassing based on various factors, including gender, libellous, racially or ethnically objectionable, related to money laundering or gambling, or in violation of current laws.
8.5.3. Is harmful to children.
8.5.4. Infringes any patent, trademark, copyright, or other proprietary rights.
8.5.5. Violates any current law.
8.5.6. Impersonates another person.
8.5.7. Threatens national unity, integrity, defense, security, or sovereignty, or incites offenses or insults other nations.
8.5.8. Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer resources.
8.5.9. Is patently false and misleading, with the intent to mislead or harass for financial gain or to harm individuals.
8.5.10. Disrupts or interferes with the security of the Platform or causes harm to the Platform, system resources, accounts, passwords, servers, or networks connected to or accessible through the Platform.
8.5.11. Violates the Terms or other applicable rules.
8.5.12. Reverse engineers, modifies, copies, distributes, transmits, displays, performs, reproduces, publishes, licenses, creates derivative works from, transfers, or sells any information or software obtained from the Platform.
8.6. You are solely responsible for maintaining the necessary computer equipment, gadgets, and internet connections required to access, use, and transact on the Platform.
8.7. You acknowledge that by using the Platform or any of the Services, you may encounter Content that some Users find offensive, indecent, or objectionable, whether or not it is identified as such. You agree to use the Platform and its Services at your own risk, and to the fullest extent allowed by applicable law, the Company will not be liable for Content that may be considered offensive, indecent, or objectionable to you.

9. Intellectual Property Rights

9.1 The Company holds a license for the Platform, its processes, and their composition, encompassing text, videos, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (and any combinations thereof) – collectively referred to as the "Content." The design, structure, selection, coordination, expression, look and feel, and arrangement of this Content are safeguarded by copyright, patent, and trademark laws, along with various other intellectual property rights.

9.2 The trademarks, logos, and service marks showcased on the Platform ("Marks") are either licensed to the Company or owned by third parties. The utilization of these Marks is strictly prohibited without the prior consent of the Company or the respective third-party owner. Accessing or using the Platform does not grant authorization to any party to use trademarks, logos, or any other marks in any way.
9.3 The Company explicitly disclaims any claim to hold any right, title, or interest in the intellectual property rights arising from or associated with the Products.
9.4 Any references on the Platform to names, marks, services, or products of third parties are included with the explicit consent of such third parties for the convenience of users. Such references do not, in any manner, imply an endorsement, sponsorship, or recommendation, whether express or implied.

10.Disclaimer of Warranties & Liability

10.1 You explicitly comprehend and agree that, to the greatest extent permitted by relevant law:
10.1.1 The Platform and other Content are provided by the Company on an "as-is" basis without any kind of warranty, whether express, implied, statutory, or otherwise. This includes the implied warranties of title, non-infringement, merchantability, or fitness for a specific purpose. Additionally, the Company does not guarantee that the Platform or Services will meet your requirements, or that your use of the Platform will be uninterrupted, timely, secure, or error-free. Any advice or information, whether oral or written, obtained from the Company, will not create any warranty beyond what is expressly stated in the Terms.
10.1.2 The Company shall not be responsible for any losses you may incur as a result of the unauthorized use of your Account or Account information in connection with the Platform, whether or not you were aware of such use.
10.1.3 The Company has made reasonable efforts to ensure that all information on the Platform is accurate, but it does not warrant or represent the quality, accuracy, or completeness of any data or information related to the Services or any other aspect. The Company shall not be held responsible for delays or interruptions in using the Platform or its associated features, or for any issues related to the provision or non-provision of functionalities, or for any information, software, functionalities, or related graphics obtained through the Platform. This applies regardless of whether it is based on contract, tort, negligence, strict liability, or other legal grounds. Furthermore, the Company is not liable for the unavailability of the Platform due to periodic maintenance operations or any unplanned suspension of access, whether for technical reasons or any other factors beyond the Company's reasonable control.
10.2. The Company does not claim that the Content on the Platform is suitable for use or access outside the Republic of India. Users who choose to use or access the Platform from outside the Republic of India do so at their own risk and are responsible for compliance with the laws of their respective jurisdiction.
10.3 The Terms do not authorize or involve the use of promotional activities or solicitation in any jurisdiction where such activities are not authorized, or to any individual for whom it is unlawful to promote or solicit.

11.Indemnification and Limitation of Liability

11.1 You commit to indemnify, defend, and protect Fixitup, Fixitupofficer and its affiliates, including but not limited to its officers, directors, consultants, agents, representatives, and employees, as well as its third-party partners (collectively referred to as "Indemnitees"), from any and all losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable legal fees) that are asserted against or incurred by the Indemnitees. These claims arise from, result from, or may be payable due to any breach or non-performance of a representation, warranty, covenant, agreement, or obligation made by you in accordance with these Terms and/or the Privacy Policy. Moreover, you agree to hold the Indemnitees harmless against any claims made by third parties arising from your use of the Platform, misrepresentation of data or information provided by you, violation of the Terms and/or the Privacy Policy, infringement of applicable laws, or infringement of the rights of others, including intellectual property rights.
11.2 In no event shall the Company, its directors, officers, partners, consultants, agents, employees, and third-party partners be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages, regardless of the legal basis, arising out of or in connection with your use or access to the Platform or Content on the Platform.
11.3 The limitations and exclusions stated in this Section are applicable to the maximum extent permitted by relevant laws.

12. Violation of These Terms

12.1 By accepting these Terms, you acknowledge that any violation on your part may result in irreparable harm to the Company, and you agree that the Company may seek injunctive or equitable relief, deemed necessary or appropriate by them in such instances, acknowledging that monetary damages would be inadequate. These remedies are supplementary to any other legal or equitable remedies available to the Company.

13. Suspension and Termination

13.1 The Terms will remain effective until either you or the Company terminates them as outlined below. If you disagree with the Terms or are dissatisfied with the Platform, you have the option to (i) close your account on the Platform or (ii) discontinue access to the Platform.
13.2 The Company reserves the right to disable your access, block future access, or suspend/terminate your account if, at its sole discretion, it believes you have violated any term of these Terms or the Privacy Policy or engaged in unethical conduct. Notwithstanding, clauses intended to survive termination will persist unless and until the Company chooses to terminate them.
13.3 Termination under clauses 14.1 and 14.2 does not absolve you of obligations to pay for services rendered on the Platform or any other accrued or unfulfilled obligations preceding termination.
13.4 You remain responsible for fees or charges, if applicable, related to the Services until the termination date by either party.

14. Governing Law and Jurisdiction

14.1 These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of laws principles.

15. Grievance Redressal Mechanism

15.1 Grievance Handling:
15.1.1 For any issues related to requests, you can initially contact us via chat support on the App for real-time resolution.
15.1.2 You may also reach out to us at radiance.fixitup@gmail.com, and we will endeavor to address your order-related grievances within the timelines stipulated by applicable laws.

16.Communications

16.1 By accepting these terms, you explicitly consent to receiving communications via SMS, telephone, VOIP calls, or messaging apps like WhatsApp on your registered mobile phone number, as well as electronic communications like emails from the Company and other third parties duly authorized by the Company. You also grant permission for the Company to monitor and record all communications between you and the Company, its agents, employees, consultants, contractors, representatives, or authorized partners. Such monitoring or recording eliminates the need for further notice or consent requirements under applicable laws.
16.2 You have the option to unsubscribe or opt-out from receiving communications from the Company. In such cases, the Company will only send communications that are necessary for the sole purpose of availing the Services by you.

17.General Provisions

17.1 Notice: Any notices from the Company will be delivered via phone number to your registered phone number, messaging apps on the registered mobile phone number, or through general notifications on the Platform.
17.2 Assignment: You are not allowed to assign or transfer any rights granted under these terms to a third party. The Company's rights under these terms can be freely transferred by the Company to its successor or any third party without seeking your consent.
17.3 Severability: If any provision of these terms or any portion of it is found to be unenforceable for any reason, that provision will be enforced to the maximum extent permissible to fulfill the parties' intent, and the remaining terms will remain in full force and effect.
17.4 Force Majeure: The Company and/or the Platform will not be held responsible for any failure to perform or delay in providing access to your Account, the Platform, or any Services resulting from causes beyond its reasonable control. This includes, but is not limited to, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labor unrest, earthquakes, floods, pandemics, epidemics, regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls, or a failure by a third-party hosting provider or internet service provider, or any changes or defects in your computer system's software and/or hardware.

18.IP Infringement

18.1 If you believe that the Platform infringes on your intellectual property rights, you must promptly notify the Company in writing at radiance.fixitup@gmail.com. These notifications should only be submitted by the intellectual property owner or an authorized agent. However, any false claim by you may result in the termination of your access to the Platform.
18.2 Your notice should include the following details:
18.2.1 Details of the intellectual property that you believe is being infringed, along with proof of ownership.
18.2.2 Information about the item you believe is infringing, including its location on the Platform.
18.2.3 A statement, made in good faith, that the identified item is not authorized by the intellectual property owner, its agent, or the law to be used on the Platform.
18.2.4 Your contact details, such as your address, telephone number, and/or email.
18.2.5 A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the intellectual property owner or an authorized agent.
18.2.6 Your physical or electronic signature.
18.2.7 Please note that an incomplete request will not be considered.

19.Advertisements

19.1 As part of the Services provided by us, we may enable third-party advertisers ("Third-Party Advertisers") to place advertisements on the Platform. You understand that any content published by Third-Party Advertisers is not edited, reviewed, or endorsed by the Company, and the Company disclaims all liability for such content to the fullest extent permitted by law.
19.2 If you are a Third-Party Advertiser, you acknowledge that, in addition to these Terms, you will need to agree to the Company's policies and other contractual agreements for placing your advertisements. Advertisements should not be misleading or in violation of applicable laws or guidelines issued by the Advertising Standards Council of India or any other self-regulating body. The Company reserves the right to remove any Third-Party Advertisement or require factual substantiation if it is believed to be in violation of applicable laws, industry guidelines, or if it is found to be misleading.
19.3 If you find the content of a third-party advertiser inappropriate or in violation of applicable laws, please contact us at the email address provided above.

20. Claims
20.1 Eligibility for Claims
20.1.1 Customers can submit claims for issues related to services provided through our platform, including but not limited to unsatisfactory services, incomplete work, or damage caused by the service provider.
20.1.2 Claims must be submitted within 24 hours of service completion. Claims submitted after this time frame will not be eligible for compensation.
20.2 Claim Submission Process
20.2.1 Claims must be submitted through the app or website using the designated "Raise a request" form or share the details via email.
20.2.2 The following information is required for claim submission:
20.2.2.1 Service request ID.
20.2.2.2 Description of the issue.
20.2.2.3 Photos or evidence supporting the claim.
20.2.3 The company reserves the right to request additional information or documentation to process the claim.
20.3 Claim Evaluation
20.3.1 All claims will be reviewed by the company’s support team within 7 business days of submission.
20.3.2 The company may contact both the customer and the service provider to investigate the matter further.
20.3.3 The company reserves the right to approve, reject, or partially compensate claims based on the evidence provided.
20.4 Types of Compensation
20.4.1 If a claim is approved, the company may offer one or more of the following compensations:
20.4.1.1 Refund: A full or partial refund of the amount paid for the service.
20.4.1.2 Re-service: The service may be provided again by the same or a different service provider at no additional cost.
20.4.1.3 Compensation: A one-time monetary compensation for damages or inconvenience caused.
20.5 Limitations of Liability
20.5.1 The company is not responsible for claims resulting from:
20.5.1.1 Natural wear and tear of products.
20.5.1.2 Pre-existing issues not related to the service provided.
20.5.1.3 Failure by the customer to provide accurate information about the issue or service.
20.5.2 The company’s liability is limited to the amount paid for the service. Under no circumstances will the company be liable for any indirect, incidental, or consequential damages.
20.6 Service Provider Responsibility
20.6.1 Service providers are responsible for providing quality service and addressing any concerns raised by the customer during or after the service.
20.6.2 In the case of damage caused by the service provider, the service provider may be held financially responsible, and the company may deduct the amount from future payments.
20.7 Dispute Resolution
20.7.1 In case of disputes regarding a claim, both parties (customer and service provider) are encouraged to resolve the issue amicably.
20.7.2 If a resolution cannot be reached, the company’s decision on the claim will be final and binding.
20.8 Fraudulent Claims
20.8.1 The company has a zero-tolerance policy for fraudulent claims. Any customer found to be submitting false or misleading claims will be banned from the platform and may be subject to legal action.
20.9 Changes to Claims Policy
20.9.1 The company reserves the right to modify these terms and conditions at any time without prior notice. Customers are encouraged to review the terms periodically.