Terms and conditions 

CLIPFIX – APPLICATION TERMS OF USE (TRADESMAN)

Introduction

By downloading and using the Clipfix application (the App), you agree to be bound by these Terms of Use and our Privacy Policy (to the extent that you provide us with any personal information in connection with your use of the App). This is a legal agreement between you and us which tells you the terms on which you may make use of the App. We do not sell the App to you and we remain the owners of the App at all times.

Any use you make of our website located at www.clipfix.co.uk (our site) will also be subject to these Terms of Use and, to the extent relevant, references in these Terms of Use to the App shall be deemed to include our site.

Please read these Terms of Use and our Privacy Policy carefully as they will apply to your use of the App. By downloading and/or using the App, you confirm that you have read and accepted them and that you agree to comply with, and be bound by, them. If you do not agree to them, you must not use the App.

Your use of the App is also subject to any rules or policies applied by any app store provider or operator from whose site you downloaded the App (if applicable), being either the Apple App Store or the Google Play Store (in each case the App Store). However, please note that the App Store has no responsibility for the App or its content. To the extent that there is a conflict between those rules or policies and these Terms of Use and our Privacy Policy, these Terms of Use and our Privacy Policy shall take priority.

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 support@clipfix.co.uk 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.

You are free to offer your services via any other platform. You are not employed by us or in a partnership or joint venture relationship with us and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) your behaviour, acts or omissions or the quality of the advice, guidance and/or instruction you provide through the App or any additional services you subsequently provide. We are also not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Users who request advice, guidance and/or instruction from you. If you cause or contribute to any loss or damage to a User’s property in the course of providing advice, guidance, instruction and/or additional services to them (whether through the App or otherwise), responsibility for such damage will rest with you or the relevant Clipfix Partner (as applicable) and not with us.

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.

You shall be fully responsible for and shall indemnify us for and in respect of: (i) any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from, or made in connection with, these Terms of Use or the provision by you of any advice, guidance, instruction and/or additional services (whether through the App or otherwise), where the recovery is not prohibited by law (excluding all reasonable costs, expenses and any penalty, fine or interest incurred or payable by us in connection with or in consequence of any such liability, deduction, contribution, assessment or claim); and (ii) any liability arising from any employment-related claim or any claim based on employment status (including reasonable costs and expenses) brought by you against us arising out of, or in connection with, these Terms of Use or the provision by you of any advice, guidance, instruction and/or additional services (whether through the App or otherwise).

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.

Applicability of these Terms of Use and licence to use the App

These Terms of Use apply to the App and your use of the connection service that we provide through it, including any updates and supplements to the App (unless those updates come with separate terms, in which case those terms shall apply). They do not apply to any advice, guidance, instruction and/or additional services that you provide to Users (whether through the App or otherwise).

In consideration of you agreeing to abide by these Terms of Use, we grant you a non-transferable, non-exclusive licence to use the App on any mobile telephone, tablet, computer or other device (in each case, a Device) controlled or owned by you. All other rights in the App are reserved by us and/or by our licensors.

Changes to these Terms of Use and updates to the App

We may revise these Terms of Use at any time and you should check these Terms of Use from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes when you next start the App and you may be required to read and accept them to continue your use of the App. If you do not agree to any such changes, please stop using the App and delete or remove it from your Device.

These Terms of Use were last updated in August 2021.

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.

You are responsible for making all arrangements necessary for you to access the App. If you control, but do not own, the Device onto which you download and/or use the App, you will be assumed to have obtained permission from the owner of the Device to do so. You or the owner of your Device may be charged by your or their mobile or internet service provider for data access on your Device. You accept responsibility in accordance with these Terms of Use for the use of the App on, or in relation to, any Device, whether or not it is owned by you.

You agree that you will only use the App in a manner consistent with these Terms of Use and any and all applicable local, national and international laws and regulations.

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 support@clipfix.co.uk.

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 support@clipfix.co.uk.

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 support@clipfix.co.uk 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.

We have the right to disable your access to the App at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

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.

You agree to respond promptly to any reasonable request for information from us, and to co-operate and liaise with us, in connection with these Terms of Use and the matters contemplated herein.

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.

You acknowledge that providers of payment services may request that we or they conduct an audit of your activities to ensure your compliance with these Terms of Use and you agree to co-operate fully with any such audit. You further agree that you will co-operate in relation to any financial crime screening that is required and to assist us in complying with any laws and card or financial institution rules or policies.

Intellectual property rights

Save for any content or material uploaded or posted by users of the App, you acknowledge that all intellectual property rights in the App and the technology used or supported by it anywhere in the world, including, without limitation, the trade mark “Clipfix” and any other logos, service marks, brand names, trading names and/or trade marks appearing anywhere on the App, belong to us and/or our licensors, that rights in the App are licensed (not sold) to you and that you have no rights in or to the App or the technology used or supported by it other than the right to use it in accordance with these Terms of Use.

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

You will be liable to us and will indemnify us for any breach by you of these Terms of Use or of any contract between you and any third party (including any terms of service or other legal agreement that apply between you and any Users you connect with through the App). This means that you will be responsible for any loss or damage (including any legal costs) we suffer or incur a result of such breach, including any claims or legal proceedings brought against us by any other person as a result of such breach.

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.

Unless otherwise specified in these Terms of Use, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, the App if such loss or damage is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of these Terms of Use or our negligence or if it was reasonably contemplated by you and us at the time you downloaded the App or started using it as a possible result of our breach of these Terms of Use or our negligence.

Our maximum aggregate liability under, or in connection with, these Terms of Use (including your use of the App) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to £250,000.

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.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Restrictions on use of the App

Except as expressly set out in these Terms of Use, you must not:

  • 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 in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data into the App or any operating system;
  • 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);
  • infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material (to the extent that such use is not licensed by these Terms of Use);
  • 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.

We reserve the right to monitor the content you upload or post to the App and to remove or delete any such content (or to disclose it to the relevant authorities) if, in our sole opinion, it does not comply with these Terms of Use or any applicable law or upon the reasonable request of any third party.

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 support@clipfix.co.uk 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.

We will determine, in our discretion, whether there has been a breach by you of these Terms of Use and, if such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:

  • 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.

We exclude liability for actions taken in response to breaches of these Terms of Use. The responses described in these Terms of Use are not limited and we may take any other action we deem reasonably appropriate.

If we withdraw your right to use the App and/or close your account:

  • all rights granted to you under these Terms of Use shall cease;
  • you must immediately cease all activities authorised by these Terms of Use, including your use of the App and the connection service that we provide through it;
  • 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 support@clipfix.co.uk.

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

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under these Terms of Use that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data or internet service provider’s network.

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.

We may transfer our rights and obligations under these Terms of Use to another organisation, but this will not affect your rights or our obligations under these Terms of Use.

You may not transfer your rights or obligations under these Terms of Use to another person.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

These Terms of Use are not intended to confer rights on anyone other than you and us.

Applicable law

These Terms of Use, their subject matter and formation are governed by English law and the courts of England and Wales will, subject to the paragraph below, have exclusive jurisdiction over any claim arising from, or related to, these Terms of Use.

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.