CLIPFIX – APPLICATION TERMS OF USE (USER)

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 or any subdomain of such website (together 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, 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 or our site, that connects users (such as you) with third parties, including tradespeople and other service providers (Service Providers).

A Service Provider may be: (i) an independent tradesperson or 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 tradesperson, service provider, technician or other individual appointed by, or acting on behalf of, one of our partners (for example, a provider of household insurance or an energy provider) (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 you 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.

Disclaimer

Please note that we simply provide the platform that connects users (such as you) with Service Providers for the purpose of receiving 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 and the relevant Service Provider and/or Clipfix Partner (as applicable) and not us. It is up to the relevant Service Provider to provide any advice, guidance and/or instruction you request through the App, and to perform any additional services you subsequently request from them (if relevant), and you agree to comply with any terms of service that apply between you and the relevant Service Provider and/or Clipfix Partner (as applicable).

We do not employ Service Providers and, unless otherwise specified in these Terms of Use, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any Service Providers you connect with through the App or the quality of the advice, guidance and/or instruction you receive from them or any additional services you subsequently request from them. If a Service Provider causes or contributes to any loss or damage to your property in the course of providing advice, guidance, instruction and/or additional services to you (whether through the App or otherwise), responsibility for such damage will rest with the relevant Service Provider and/or Clipfix Partner (as applicable) and not with us.

If a dispute arises between you and a Service Provider or Clipfix Partner or you have a complaint in relation to the advice, guidance and/or instruction provided by a Service Provider through the App, that dispute or complaint must be taken up with the relevant Service Provider and/or Clipfix Partner directly (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 and a Service Provider or Clipfix Partner (as applicable), nor will we have any responsibility to either party in respect of such dispute or complaint.

We do, where appropriate, take reasonable measures to ensure the suitability and quality of all Independent Service Providers; this may include, without limitation, conducting interviews in person or over the telephone, obtaining proof of identity and address, obtaining references and checking insurance and qualifications. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate.

We cannot guarantee that any particular Service Provider is suitable for your purposes and you use Service Providers at your own risk, although we may remove an Independent Service Provider from Clipfix on the basis of any feedback you or other users provide in relation to that Independent Service Provider if we deem it appropriate, but are under no obligation to do so.

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

These Terms of Use apply to the App and our site and your use of the connection service that we provide through them, 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 request from Service Providers (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 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 September 2022.

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. However, if you wish to be connected to an Independent Service Provider for the purpose of receiving advice, guidance and/or instruction, you will be required to pay a fee for that service. If you are connected to a Clipfix Partner Service Provider, you will deal directly with the relevant Clipfix Partner to arrange payment (if any).

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 will need to register with us and you must complete all of the fields on the registration page. If you wish to connect with a Clipfix Partner Service Provider, you may be required to provide a policy or reference number, as well as your post code, in order to register with us and use the App; alternatively, the Clipfix Partner Service Provider may send you a link via text message, email or WhatsApp to connect with them through our site using a web browser on your Device, in which case no registration will be required.

You may also be able to register using your Facebook or other social media account as indicated on the App.

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.

Pricing and payment

Our pricing policy is set out on the App and our site and we reserve the right to make changes to our pricing policy at any time. If you do not agree to any such changes, you should stop using the App and delete or remove it from your Device.

When you first create a Clipfix account and/or use the App to connect with an Independent Service Provider, you will be asked to provide us with valid credit or debit card payment details to pay for any advice, guidance and/or instruction you receive from Independent Service Providers through the App. We will store your card details for such purpose and you agree that we may undertake authorisation checks on that card. This does not apply if you are using the App or our site to connect with a Clipfix Partner Service Provider, although please note that, if you subsequently choose to use the App to connect with an Independent Service Provider (instead of a Clipfix Partner Service Provider), you will only be able to do so if you provide us with valid credit or debit card payment details to pay for any advice, guidance and/or instruction that you receive.

We use a third party to process payments on our behalf. Each time you use the App to connect with an Independent Service Provider, payment will be taken automatically and processed by our third party payment service provider using the card details previously provided by you. We collect any fees due to an Independent Service Provider as agent for, and on behalf of, that Independent Service Provider.

The amount you will pay to connect with an Independent Service Provider through the App will be notified to you on each occasion prior to you confirming that you wish to proceed and will comprise: (i) a fee due to the Independent Service Provider for the advice, guidance and/or instruction you receive from them; and (ii) a service fee due to us for connecting you with the Independent Service Provider, as stated on the receipt you receive. We will issue you with a single receipt for the total amount paid by you in respect of each booking.

The amount you pay to use the App, as referred to in the paragraph above, will still be payable by you even if the Independent Service Provider is unable to resolve the issue in respect of which you have asked to be connected.

To the extent applicable, all fees are inclusive of VAT at the prevailing rate.

Connection process

If you wish to be connected to a Service Provider, the App will display all available Service Providers, together with details of their qualifications and experience (to the extent available). You will then be able to start a video call either with an available Service Provider of your choice or with a Service Provider allocated to you by us or by a Clipfix Partner (as applicable). When you make a request to start a video call with a Service Provider, we will seek to connect you as soon as possible.

You may withdraw a request to connect with a Service Provider at any time prior to the Service Provider answering your video call. If you are connecting with an Independent Service Provider, you will be charged in full as soon as the video call has started, regardless of its outcome.

Some Clipfix Partner Service Providers may seek to connect with you through our site (rather than through the App). In order to facilitate this, they will send you a link via text message, email or WhatsApp that you can use to connect with them using a web browser on your Device.

You acknowledge and agree that a Service Provider may, during the course of a video call with you, record the call and/or take photographs or screenshots through the App (together, Captured Material) for the purposes of providing advice, guidance and/or instruction to you and keeping a record of that advice, guidance and/or instruction. A Clipfix Partner Service Provider 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.

Intellectual property rights

Save for any content or material uploaded or posted by you or other 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 Service Providers you connect with through the App or our site). If you are a consumer, 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.

If you are a business or an individual using the App in a business capacity, please note that:

• 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; and
• 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.

If you are a consumer, you may only use the App for domestic and private use. You agree not to use the App for any commercial or business purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We will not under any circumstances be liable for:

• the behaviour, acts or omissions of any Service Providers you connect with through the App or the quality of the advice, guidance, instruction and/or additional services they provide to you (whether through the App or otherwise); 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; or
• is intended to affect your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

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 Service Providers, providing a rating, review, feedback and/or comments in relation to a Service Provider or making contact with Clipfix or a Clipfix Partner), 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.

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 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

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 only transfer your rights or obligations under these Terms of Use to another person if we agree in writing.

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. If you are a consumer, the courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland). If you are a business, you and we each agree that the courts of England and Wales will 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.