TERMS OF USE
1. INTRODUCTION
This Terms of Use Agreement (these “Terms” or “Agreement”) constitute a binding and enforceable legal contract between you and Fixme, a brand operated by Fixme Global Limited, a private limited company in Nigeria (RC 7123370) with its registered address at Murtala Muhammed Road, Calabar, Cross River State (“Fixme”, “we”, “us”, or “our”). Note that:
- Your access and use of the Fixme website and mobile applications, as well as any service, content, and data available via them (collectively referred to as, the “Service”, “Services” or the “Platform”) are governed by these Terms.
- By accessing and/or using the Site or the Services, you accept and agree to be legally bound by this Agreement, as well as our Privacy Policy, as may be amended or supplemented from time to time, and agree to all other operating rules, terms, conditions, policies, and procedures that may be published on the Platform or in connection with the Services. All such rules, terms, conditions, policies, and procedures are incorporated into this Agreement by this reference. We may change, add or remove portions of this Agreement at any time, and such changes will be posted on the Platform, immediately becoming effective, and your continued use of the Platform will indicate your acceptance of the Agreement.
- By using our Services, you affirm that you are at least eighteen (18) years old and legally eligible to enter into this Agreement.
- If you do not agree with or have any objections to the use of any of these Terms, or if you are not eligible or authorized to be bound by the Terms, then refrain from using the Service.
2. DEFINITIONS
“Account” means any account opened for you with us enabling you to access the Application, including a payment account, electronic money account, or any other applicable definition of an account record.
“Application” or “App” means the technology made available by Fixme to you on your mobile phone or other electronic device that facilitates access to any of the services that Fixme provides.
“Payment Method” means a payment by Card, bank transfer, Mobile Money Account, or any other payment method that is accepted by Fixme in exchange for issuing money to your Wallet. It also means the payment mechanism by which all payments are securely held on behalf of the Buyer and Vendor until the Buyer validates delivery of the product or service.
“Applicable Law” means any and all applicable laws, legislation, bye-laws, decisions, notices, statutes, orders, rules (including any rules or decisions of court), regulations, directives, edicts, schemes, warrants, local government rules, statutory instruments or other delegated or subordinate legislation and any directions, codes of practice issued pursuant to any legislation, voluntary codes, other instruments made or to be made under any statute and codes of conduct and mandatory guidelines (including in all cases those that relate to audit, accounting or financial reporting) and which have legal effect, whether local, national, international or otherwise existing from time to time, together with any similar instrument having legal effect in the relevant circumstances.
“Authentication” means the performance of operations that enable us to verify your identity.
“Authentication Instrument” means an item, feature, information, or other instruments that enables you to Authenticate yourself to us, and/or to Authorise certain operations for us (for example personalized security details for the App, a password, a one-time authentication code, a PIN, a mobile phone, a mobile phone number, a fingerprint or personalized security questions).
“Authorise/Authorisation” means the performance of operations by which you give us a confirmation of your consent to perform certain operations, for example, to make a payment.
"Fixme Wallet" means a non-interest-bearing account maintained by Fixme for you from which you securely perform your transactions on our Application.
“Buyer” means any User who purchases or intends to purchase goods or services from a Seller through the Platform.
“Business Days” means a day other than a Saturday, Sunday, or public holiday in our various jurisdictions.
“Card” means a bank, payment, or credit card which is denominated in a fiat currency and is not linked to any cryptocurrency.
“Content” means all data, information, text, images, video, audio, messages, reviews, profiles, or other materials posted, displayed or transmitted through the Platform by any User.
“Covered Third Parties” means any or all third-party operating system providers such as Apple Inc. (“Apple”), Google LLC, and Microsoft Corporation, (and each of their respective related entities), your mobile phone or other mobile device manufacturer, your wireless carrier or other network provider such as Airtel, MTN, and Glo, and any other product or service provider related to your mobile device service.
“Dispute” means any disagreement or conflict arising between a Buyer and Seller in relation to a Transaction or interaction conducted through the Platform.
“Money” means monetary value, which is stored electronically for you, used for the purposes of making Payment Transactions via the App.
“Fee Schedule” means the document comprising all the fees payable by a user for the use and management of a Wallet which is available on the App.
“Fees” means the fees payable by you to us for using our Services as set out on our Fee Schedule.
“Individual” means a natural person.
“Legal Entity” means any entity with a legal personality that is not an Individual.
"Payment Account" means any source of funds that you may from time to time use for the funding of your Fixme Wallet, including a bank account or debit or prepaid card account. The Payment Account must be issued or held in your name at a depository institution in your country.
“Payment Order” means any instruction by you to us requesting the execution of a payment Transaction.
“Platform” means all digital and web-based services operated by Fixme, including the website, Application, and any associated services or tools provided to Users.
"Payout" means the transfer of funds that you request and authorize Fixme to process through the Application for payment to the Seller.
“Seller” or “Vendor” means a registered User offering services or goods for sale through the Platform, either as a business or individual.
"Transaction" means any purchase of a product or service conducted through the Platform between the Buyer and the Seller.
“User”, “You” and “Your” means the Individual or entity who accesses, registers, browsers, or uses the Platform, whether as a Buyer or Seller.
“We”, “us”, and “our” means Fixme Global Limited and its successors, affiliates, and assignees.
“Website” means https://fixme.ng as updated from time to time.
3. DESCRIPTION OF SERVICE
At Fixme, we provide an e-commerce marketplace designed to connect buyers with sellers/vendors,
therein empowering Users to sell, provide, find and buy a wide range of products and services.
Fixme facilitates secure transactions by ensuring secure payments, as payments are only remitted
to the seller upon validation of the delivery of the product or service by the Buyer. The actual
transaction is between the Seller and the Buyer on the Platform, as we provide the communication
channel and ensure secure payment upon delivery. Fixme bridges the gap for business owners by
connecting them to a large number of Buyers, by displaying their product images and services
offered directly on the Platform. Sellers can easily track all transactions and sales made on the
Platform. Fixme also provides free bookkeeping for Sellers to record daily sales and transactions.
Users can easily track whether orders or services have been delivered or completed, are in progress or pending.
4. PURPOSE AND SCOPE OF AGREEMENT
This Terms of Use constitutes a binding and enforceable legal contract between you and Fixme.
It sets forth the terms and conditions that shall govern the use of the Platform and the Services.
It details Fixme's obligations to you. It also highlights certain risks of using the services, and you
must consider such risks carefully as the provision of this Agreement will bind you through your
use of the Platform or any of our services.
5. ACCEPTANCE OF THE TERMS
By creating a Fixme Account, accessing our Services, or otherwise interacting with us, you agree
to be bound by this Agreement and agree to receive communication relating to the Services or your
Fixme Account in electronic format. Additionally, you affirm that you are at least eighteen (18)
years old and legally allowed to enter into this Agreement. You expressly accept all Terms and
Conditions contained herein in full and without limitation or qualification, including our Privacy
Policy. You must not use any of the Services if you have any objection to any of these terms.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
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The Services are provided on a strictly “As Is”, “As Available” and “With All Faults” basis.
Fixme disclaims all warranties, expressed or implied, including without limitation any guarantees
regarding condition, quality, performance, accuracy, reliability, commercial value and suitability
for specific purposes. All such warranties and liabilities are hereby excluded.
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Fixme has no control over and does not guarantee the existence, quality, safety or legality of goods
and services published by Users on the platform; the trustworthiness or accuracy of information
provided by Users on the Platform; the ability of sellers to sell goods or to provide services; or
that a User will actually complete a transaction. Fixme makes no guarantees concerning that offers,
displays, purchase, sale, and/or use of products or services, which are posted on the Platform do
not infringe any third parties’ rights. Therefore, Fixme expressly disclaims any liability in connection
to materials and information posted by Users on the platform.
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You acknowledge and agree that Fixme does not endorse the website of any third party, or assume
responsibility or liability for the accuracy of any material contained therein, or any infringement
of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated
thereby. In no event will Fixme be liable for any act or omission of any third party, including, but
not limited to, your financial institution, any payment system, any third party service provider, any
provider of telecommunications services, Internet access or computer equipment or software, any
mail or delivery service or for any circumstances beyond Fixme’s control (including but not limited
to, fire, flood or other natural disaster, war, riot, strike, terrorism, act of civil or military authority,
equipment failure, computer virus, infiltration or hacking by a third party, or failure or interruption
of electrical, telecommunications or other utility services).
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Your use of the Platform is at your own risk. You agree to the limitation liability clause to the
maximum extent permitted by applicable law: Fixme will in no way be liable for any direct, indirect,
incidental, punitive, consequential, special, or exemplary damages or any damages including damages
resulting from revenue loss, profit loss, use, data, goodwill, business interruption, or any other
intangible losses arising out of the use of the Platform, whether such damages are based on warranty,
tort, contract, statute, or any other legal theory.
7. FIXME ACCOUNT
- In order to use the Services you will be required to register an Account on the Platform and provide certain information by filling out a profile on the Platform.
- You agree to provide all information which we may need from time to time so we can verify your identity and/or your bank account in order to comply with our legal obligations to combat financial crime, including money laundering and fraud. We may use third-party data services specialising in customer due diligence services to verify your identity. You also authorize us to hold your information, including your activity history, to perform ongoing monitoring of the Services and your behaviours when using the Platform.
- You may create an Account as an individual or as a business.
- You can register only one Account, and cannot access this Account from multiple devices.
- You can open a business Account on Fixme as a Seller of products or as a provider of services by filling in your business details on the Platform.
- Buyers will have access to and be directed to various goods, items, products and services listed on the Platform.
- You acknowledge that you are solely responsible for safeguarding and maintaining the confidentiality of access details to your Account and that you are fully responsible and liable for any activity performed using your Account access details.
- You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We are excluded from any liability for any loss or damage arising from your failure to comply with the above requirements.
- By using any of the Services, or submitting or collecting any personal information via the Platform, you consent to the collection, transfer, storage, disclosure, and use of your personal information in the manner set out in the Privacy Policy.
- The Platform uses tracking technology via a unique Hootsuite user ID to help us recognise you across different services, and to customise and improve the Services. By visiting the Platform and setting up an account, you agree to the use of the required cookies.
15. INDEMNITY
You agree to indemnify and hold Fixme, its successors, subsidiaries, affiliates, related companies, suppliers, licensors and partners, and its officers, directors, employees, agents, and representatives harmless from any losses, damages, liabilities, claim, or demands (including without limitation reasonable legal fees and expenses), arising out of your use of the Platform, your User Content, your violation of any representation, warranty, covenant, or obligation stipulated in these Terms, your violation of any applicable law, industry-standard, regulation, guideline, rule, any transaction entered into by you via the Platform or your violation of terms of such transaction. You will indemnify and hold Fixme harmless from and against any claim, suit, or proceeding brought against Fixme arising from or in connection with violations of intellectual property or other rights of third parties in relation to your use of the Services.
16. INTELLECTUAL PROPERTY RIGHTS
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Information you submit to us as part of your account registration, and any data, text, pictures and other materials that you may submit or post on the Platform (“User Content”) remain your intellectual property, and Fixme does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that we may retain copies of the User Content as reasonably necessary for or incidental to the operation of the Services and as described in these Terms and the Privacy Policy.
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You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other User.
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Materials on the Platform, except those posted by the User, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by Fixme representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks is expressly prohibited.
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If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information that is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may notify us to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law.
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The relevant notification shall be sent to email at hi@fixme.ng.
17. TERMINATION
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We reserve the right to suspend or terminate your Account, or restrict your access to the Service, with or without notice to you, in the event that:
- a. you breach these Terms;
- b. we are required to do so by law, government authority or agency, or law enforcement agency;
- c. we detect suspicious activity on your Account; or
- d. we have reasonable grounds to believe that you are engaging or attempting to engage in fraudulent activities, money laundering, scams, attempting to create duplicate profiles, or otherwise misusing the Service.
The grounds listed above are not exhaustive, and we reserve the right to take such actions in other circumstances where we deem it necessary to protect the integrity, security, and functionality of the Service or to safeguard the interests of other Users and third parties.
- You may terminate this Agreement by closing your Fixme Account.
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Fixme may take further actions it deems appropriate to deal with any breach of this Agreement, which may include suspending your access to the Platform, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services, and/or bringing court proceedings against you. We may also suspend your Fixme Account if it has been compromised or for other security reasons or has been used or is being used without your authorization or fraudulently.
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If we close your Fixme Account or terminate your use of the Services for any reason, we will provide you with sufficient notice of our actions. You are responsible for all reversals, chargebacks, fees, fines, penalties, and other liability incurred by Fixme, any other Fixme User, or a third party, caused by or arising out of your breach of this Agreement, and/or your use or the use of your authorized third parties of the Services. You agree to reimburse Fixme, any Fixme customer, or a third party for any and all such liability. On termination for any reason, all rights granted to you in connection with the App shall cease, and you must immediately delete or remove the App from your devices.
18. DISPUTE RESOLUTION
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Any order issue or transactional dispute between a Buyer and Seller on the Platform must first be reported to FixMe within 24 hours of the occurrence of the dispute. All transaction disputes should be reported to Fixme via mail at hi@fixme.ng.
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Upon notification of a dispute, FixMe will initiate a dispute investigation where both the Buyer and Seller will be required to submit supporting information, including delivery receipts, product photos, service logs, or correspondence.
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Fixme will offer a resolution no later than 48 hours from the commencement of the investigation, and where the resolution is mutually agreed on by the Seller and the Buyer, appropriate action will be taken by Fixme to either process the pay-out to the seller, or process a refund to the Buyer’s Fixme Wallet.
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Fixme reserves the right to hold the transaction funds until the dispute is resolved in accordance with the Terms. In the event that the Users reject the resolution offered by Fixme, the transaction funds will be held until the dispute is reported to have been amicably resolved or settled by relevant legal or regulatory authorities.
19. GOVERNING LAW AND JURISDICTION
- These Terms shall be governed in accordance with the laws of the Federal Republic of Nigeria.
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Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) Laws of the Federal Republic of Nigeria, 2004.
20. MISCELLANEOUS PROVISIONS
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Except as otherwise provided, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
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If we fail to take any action with respect to your breach of these Terms, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
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In no event shall the Administrator be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside the Administrator's reasonable control.
21. ENTIRE AGREEMENT
This Agreement, including any documents referenced herein, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, representations, agreements, or other communications between the parties, whether written or oral. All covenants and agreements in this Agreement shall survive termination of this Agreement.
22. CONTACT
For customer support, questions, or complaints, please contact us at: hi@fixme.ng; (+234 9068-333-228)