Terms and conditions
About us and how to contact us
Clipfix is a technology platform, accessed through the App, that connects users (Users) with third party tradesmen and service providers such as you (Service Providers).
As a Service Provider, you may be: (i) an independent service provider who is registered on the App for the purpose of providing advice, guidance and/or instruction through the App (in each case, an Independent Service Provider); or (ii) a tradesman or service provider appointed by, or acting on behalf of, one of our partners (for example, a provider of household insurance) (in each case, a Clipfix Partner) for the purpose of providing advice, guidance and/or instruction through the App to the Clipfix Partner’s customers (in each case, a Clipfix Partner Service Provider).
The App enables Users to receive real time advice, guidance and/or instruction from a Service Provider via a live video call for the purpose of identifying and trying to resolve various household issues and/or performing various household tasks remotely.
The App is operated and owned by Clipfix Ltd (we, us or Clipfix). We are a limited company registered in England and Wales under company number 11252161 and have our registered office at 9 High Street, Wellington, Somerset, TA21 8QT. Our main trading address is Tempo House, 15 Falcon Road, London, SW11 2PJ and our VAT number is GB 296 0728 71.
If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at firstname.lastname@example.org or by pre-paid post to our main trading address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.
Relationship between the parties
Please note that we simply provide the platform that connects Users with Service Providers for the purpose of requesting advice, guidance and/or instruction from those Service Providers. Clipfix does not itself provide any services of the type listed on the App as being provided by Service Providers and any legal agreement for the provision of those services is between you or the relevant Clipfix Partner (as applicable) and the relevant User and not us. It is up to you to provide any advice, guidance and/or instruction requested by a User through the App, and to perform any additional services subsequently requested by a User from you, and you agree to comply with any terms of service that apply between you or the relevant Clipfix Partner (as applicable) and the relevant User.
If a dispute arises between you and a User or a User has a complaint in relation to the advice, guidance and/or instruction provided by you through the App, that dispute or complaint must be handled by you or the relevant Clipfix Partner (as applicable) (although we ask that you notify us of any such dispute or complaint). We will not be a party to any dispute or complaint between you or the relevant Clipfix Partner (as applicable) and a User, nor will we have any responsibility to either party in respect of such dispute or complaint.
If so requested by us, you will cooperate fully with us in dealing with any queries, correspondence or investigation made of us or you by any public authority concerning your relationship with us and, if any such query, correspondence or investigation is addressed to you, you will at once inform us in writing.
We may (but are under no obligation to) update the App and/or the content on it from time to time. Any such update will be issued through the App Store (or by us automatically through the App) and, depending on the update, you may not be able to use the App on your Device until you have downloaded the latest version of it and, if you are requested to do so, accepted any new terms.
Accessing the App
The App is available to download free of charge and you may download it onto any number of Devices.
We make no representations, warranties or guarantees, whether express or implied, that the App or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.
Access to the App is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if, for any reason, the App is unavailable at any time or for any period.
Registration and security
To use the App, you must register with us and you must complete all of the fields on the registration page. You may also be able to register using your Facebook or other social media account as indicated on the App. Your use of the App is conditional upon us accepting your registration and activating your account.
You warrant that all information you provide to us when you register to use the App is true, accurate and up to date in all respects. If any of your details change, you must let us know by emailing us at email@example.com.
We do, where appropriate, take reasonable measures to ensure the suitability and quality of all Independent Service Providers and, as part of the registration process, we may ask to interview you in person or over the telephone and we may ask you to provide proof of identity and address. We may also ask you for references and check your insurance and qualifications and you authorise us and/or our appointed agents to carry out all necessary searches and checks in order to verify the information you have provided.
You must not: (i) register using an email address or social media account other than your own or one that you are permitted to use; (ii) use or access the App using someone else’s log-in details or social media account; or (iii) allow any third party to use or access the App using your log-in details or social media account. If you know or suspect that anyone other than you is using or accessing the App using your log-in details or social media account, you must immediately notify us at firstname.lastname@example.org.
If you choose, or you are provided with, a username or password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. If you know or suspect that anyone other than you knows your username or password or has obtained access to your account, you must promptly notify us at email@example.com and change your password.
You are responsible for all acts and omissions of any third parties who use or access the App using your log-in details or social media account, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use or access.
Use of the App and your obligations
When providing any advice, guidance and/or instruction to Users through the App, you agree to comply with any terms of service that apply between you or the relevant Clipfix Partner (as applicable) and any such Users and you confirm that:
- you have all approvals and authority required to work in the United Kingdom (including on a self-employed basis, where applicable) and will comply with all applicable laws and regulations;
- you have in place all appropriate licences and qualifications; and
- you or the relevant Clipfix Partner (as applicable) have valid and adequate insurance coverage for the services you provide.
Save as permitted below, you undertake:
- not to use any photographs or screenshots taken through the App during the course of a video call for any purpose other than providing advice, guidance and/or instruction to the relevant User;
- not to make any screen recordings on your Device of any video call made through the App or take any screenshots of any such video call other than through the App;
- immediately following a video call, to delete from the App any photographs or screenshots taken during the course of such video call to the extent not required for the purpose of keeping a record of the advice, guidance and/or instruction provided to the relevant User; and
- not to store (or attempt to store) locally on your Device or share with any third party any photographs, screenshots or videos taken during the course of a video call.
You may, during the course of a video call with a User (but only where such functionality exists), record the call or take photographs or screenshots through the App (together, Captured Material) for the purpose of providing advice, guidance and/or instruction to the relevant User and keeping a record of that advice, guidance and/or instruction. If you are a Clipfix Partner Service Provider, you may also keep a record of the Captured Material in order to assist the relevant Clipfix Partner to properly manage insurance claims, detect fraud and for any other legitimate business reasons.
Availability and connection process
If you are an Independent Service Provider, you will ensure that your availability to be connected with Users is accurately shown on the App at all times and you must notify us via the App if you are unavailable for any reason.
If you are available to be connected, Users can choose to start a video call with you or you may be allocated to a User by us. When you receive a request to start a video call with a User, you will be notified of this via the App and you will be given the opportunity either to accept it or to decline it; however, if you reject it (or fail to answer), it will then be allocated to another Service Provider.
You are not under any obligation to accept a request to start a video call with a User. However, once accepted, you agree that you will carry it out through to completion.
Following completion of each video call, you must submit through the App a report setting out the issue in respect of which you have been asked to provide advice, guidance and/or instruction and the outcome (including details of the advice, guidance and/or instruction provided by you to the relevant User).
Fees and payment
If you are a Clipfix Partner Service Provider, you will be paid directly by the relevant Clipfix Partner, and not by us. The remainder of this section (entitled “Fees and payment”) applies only to Independent Service Providers.
Subject to you submitting through the App a report in respect of each video call you complete (as outlined above), you will be paid a fee for each such video call, irrespective of whether or not you are able to resolve the issue in respect of which you have been asked to provide advice, guidance and/or instruction (unless you advise us following completion of a video call that there is a valid reason why the relevant User should not be charged for it (for example, the issue in respect of which the User required advice, guidance and/or instruction was not within your area of expertise)).
All amounts due from Users in respect of completed video calls will be paid to us. We collect any amounts due to you from Users as your agent and you confirm that we can produce and issue to each relevant User on your behalf an invoice in respect of those amounts (to include your name and details). We will generate and issue to you by Friday of each week a transaction record of all completed video calls (if any) made by you during the week up to and including the previous Friday and all amounts due to you in respect of those video calls. We will pay the amounts due to you as set out in each transaction record by the following Friday, such payment to be made by bank transfer to the bank account nominated by you.
If a User subsequently asks you to attend their premises in person, you will be paid directly by the User and not by us.
To the extent applicable, all fees are inclusive of VAT at the prevailing rate.
Intellectual property rights
You acknowledge that you have no right to have access to the App in source code form.
You must not use any part of the content on the App for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors.
Your liability to us
Limitation of our liability
You acknowledge that the App has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
We will not be liable to you for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any content on it, whether express or implied.
We will not under any circumstances be liable for:
- your behaviour, acts or omissions or the quality of the advice, guidance, instruction and/or additional services you provide to Users (whether through the App or otherwise);
- the behaviour, acts or omissions of any Users you connect with through the App; or
- any loss or damage caused by any bug, virus, distributed denial-of-service attack or other technologically harmful material that may infect your information technology (including your Device), data or other proprietary material due to your use of the App or your downloading of any content on it or on any website linked to, or referenced on, the App.
Restrictions on use of the App
- copy the App except where such copying is incidental to normal use of the App or where it is necessary for the purpose of back-up or operational security;
- sell, rent, lease, sub-license, loan, translate, adapt, vary or modify the App;
- permit the App or any part of it to be combined with, or become incorporated in, any other programs;
- access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other users of the App; (ii) any part of the App or its security measures; (iii) any equipment or network on which the App is stored; (iv) any software used in the provision of the App; or (v) any equipment, network or software owned or used by any third party;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities: (i) is used only for the purpose of achieving inter-operability of the App with another software program; (ii) is not unnecessarily disclosed or communicated to any third party without our prior written consent; and (iii) is not used to create any software that is substantially similar to the App;
- provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without our prior written consent;
- use the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the App; or
- collect or harvest any information or data from or via the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
Uploading or posting content to the App
If you make use of any feature that allows you to upload or post content to the App (including, without limitation, interacting with Users, providing a rating, review, feedback and/or comments in relation to a User or making contact with Clipfix), any such content must be accurate and genuine and must not:
- be defamatory of any person;
- be obscene, offensive, hateful, inflammatory or otherwise objectionable;
- contain or promote any pornographic or indecent or sexually explicit material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe or violate any copyright, database right, trade mark or any other intellectual property right of any other person;
- contain video, photographs or images of another person without his/her permission;
- contain video, photographs or images of minors;
- be likely to deceive any person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other users of the App;
- be threatening, abuse or invade another’s privacy or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy another person;
- be used to impersonate any person or to misrepresent your identity or affiliation with any person;
- give the impression that they emanate from us, if that is not the case;
- relate to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium rate telephone numbers); or
- disseminate or otherwise disclose another person’s personal information without his or her prior permission or collect or solicit another person’s personal information for commercial or unlawful purposes.
We will not be responsible, or liable to any third party, for any content you upload or post to the App. Any such content will be considered non-confidential and non-proprietary and we have the right to use, store, copy, distribute and disclose the same to third parties (including the relevant authorities) for any purpose whatsoever without any liability or payment to, or recognition of, you of any kind. We also have the right to disclose your identity to any third party: (i) in respect of whom you upload or post content; or (ii) who is claiming that any content uploaded or posted by you constitutes a violation of their intellectual property rights or their right to privacy.
You acknowledge that any content uploaded or posted to the App about you (including User comments, reviews and/or ratings relating to the advice, guidance and/or instruction provided by you) may be publicly available for viewing and may be critical or defamatory of you or otherwise in breach of our content standards as set out above. You agree to release us from any liability in connection with any such defamatory statements, although we will allow you a reasonable opportunity to reply to any such content if we consider it appropriate.
If you choose to close your account or if we remove your right to use the App, we have the right to delete any content that you have uploaded or posted to the App, although such content (other than your profile) may still appear on the App.
Termination and suspension
You may terminate the legal agreement between us (and request the closure of your account) at any time by emailing us at firstname.lastname@example.org or by using the account deletion function within the App.
We may terminate the legal agreement between us, and close your account, at any time.
- immediate, temporary or permanent withdrawal of your access to, and right to use, the App (including termination of the legal agreement between us and closure of your account);
- immediate, temporary or permanent removal of any content uploaded or posted by you to the App;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you; and/or
- disclosure of such information to law enforcement authorities as we feel is reasonably necessary.
If we withdraw your right to use the App and/or close your account:
- you must immediately delete or remove the App from all Devices; and
- you must not attempt to re-register to use the App.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our site in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists and our site must not be framed on any other site.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with our content standards as set out above.
If you wish to make any use of any content on our site other than that set out above, please contact us at email@example.com.
Links to third party websites and/or resources
The App may contain links or references to websites and/or resources provided by third parties, including, without limitation, advertisers. We have no control over those websites or resources or their availability and any links or references to them are provided for your information only. You will need to make your own independent judgement regarding your interaction with any such websites or resources, including the purchase and use of any products or services accessible through them. We are not responsible for, and do not endorse, their content or their privacy policies (if any) and we will not be liable for any loss or damage that may arise from your use of them.
Events outside our control
Other important terms
You agree not to disclose, divulge or communicate directly or indirectly to any third party any information regarding us, the connection service that we provide through the App or any Users (including their contact details) without our (or their, as applicable) prior written consent. You must not use any such information other than is necessary to provide advice, guidance and/or instruction as requested by Users through the App.
Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.