Terms of Use

This Terms of Use agreement is effective as of 13 October 2022.

Acceptance
1. Please read the Terms of Use thoroughly and carefully. By using and/or browsing the Services hosted on this Platform (as defined in Clause 2 below), you agree that you have read, understood and agree to be bound by these Terms of Use.
2. If you do not agree with these Terms of Use, please do not use or continue using the Platform.
3. Infidi Pte Ltd is a company incorporated under Singapore law (“Infidi, Fixel, “we” or “us”), who owns and operates the Fixel Platform.
4. These Terms of Use shall be deemed to include our Privacy Policy and any Additional Policies. We may assign or change any part or parts of our rights under these Terms of Use without your consent or prior notification. The Terms of Use and Privacy Policy constitute a legally-binding agreement between us and you.
Definitions
1. “Account” means a registered account which you will be required to create if you wish to access and utilise the full facilities and features of the Platform, whether as a Service User or Service Professional;
2. “Additional Policies” means any and all other operating rules, policies, and/or guidelines in addition to the Terms of Use that may govern the use of the Platform and/or Application and which is made known to you from time to time;
3. “Application” means the relevant mobile application(s) made available for download by Infidi to Service Users and Service Professionals respectively;
4. “Fixel Service” means the facility provided by the Platform including but not limited to (i) accepting Service User requests and disseminating them to Service Professionals; (ii) facilitating Service Professionals to render quotations to Service Users; (iii) facilitating Service Users and Service Professionals to make contact; (iv) maintaining profiles for Service Professionals; and (v) any other ancillary or related services.
5. “Password” means the password which you may be required to create, provide and use in order to create and use an Account;
6. “Platform” means the Application, Fixel Platform, Website, and any other portal which Infidi Pte Ltd owns, operates or otherwise makes available to Service Users and/or Service Professionals.
7. “Service” means the professional service offered and/or to be rendered by the Service Professional in the course of his business to a Service User.
8. “Service User” means any individual or company that has (i) used or browsed the Website; and/or (ii) submitted a request for professional services offered by Service Professionals, via the Website, in order to receive price quotations, regardless of whether such Service User ultimately hires or does not hire a Service Professional via the Website.
9. “Service Professional” means any individual or company that has signed up to offer their Service to the general public and to Service Users via the Website;
10. “Terms of Use” refer to these Terms of Use, Privacy Policy and any Additional Policies as may be modified from time to time;
11. “User”, “you” and “your”, as applicable, means a person who accesses, uses, and/or participates in the Website in any manner, whether as a Service User or Service Professional; and
12. “Website” means (i) the websites bearing the domain www.fixel.asia, www.infidi.asia and any other related microsites or web applications owned and operated by Infidi Pte Ltd which may or may not be of similar names; and (ii) any related or ancillary facilities or functions such as e-mails, SMS, newsletters, notifications or other communication or content.
Function and Purpose
1. You acknowledge that the Platform functions as an online community for Service Users to connect with Service Professionals, for the latter to provide Services to the former. You also acknowledge that Fixel is not a Service Professional or a Service User, but an intermediary providing a platform for Service Users to connect with Service Professionals.
User Representation
1. By using the Platform, you represent, warrant and undertake that:
  1. You are at least eighteen (18) years of age;
  2. You are, or intend to be either a Service Professional or Service User;
  3. You have the authority to enter into and accept these Terms of Use;
  4. All registration and/or other information that you are required to submit in order to gain full use of the Platform for your intended purpose as a Service Professional or Service User is true and accurate and you will maintain the accuracy of such information;
  5. Your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation which you are subject to; and
  6. You agree to make payment, if required, for any Services requested through the use of the Platform (if any).
License to Access
1. Infidi Pte Ltd hereby grants you a non-exclusive, revocable license to use the Platform as set forth in these Terms of use, provided that:
  1. You will not copy, distribute, or make derivative works of the Platform in any medium without Infidi Pte Ltd’s prior written consent;
  2. You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purposes; and
  3. You will otherwise act in accordance with these Terms of Use and with all applicable laws.
Account
1. You may generally use and browse the Platform without registering or providing your personal details. However, in order to access and utilise the full facilities and features of the Platform, you may be required to create an Account. To create an Account, you must provide and submit your name, email address and/or create a Password. You may also provide additional optional information at your discretion, which is not required to create an Account but which will help Fixel to provide you with a more customised experience when using the Platform.
2. You are solely responsible for safeguarding your Password and shall keep your Password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Infidi Pte Ltd immediately of any breach of security or any unauthorised use of your Account. Similarly, you shall never use another person’s Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that Infidi Pte Ltd will not be liable for your losses caused by an unauthorised use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Infidi Pte Ltd or others due to such unauthorised use.
3. In addition and in connection with the use of your Account, you acknowledge and agree that:
  1. You will not copy or distribute any part of the Platform in any medium without Infidi Pte Ltd’s prior written authorisation;
  2. You will not alter or modify any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose;
  3. You will provide accurate and complete information when creating your Account;
  4. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers”, etc. to access the Platform for any purpose without Infidi Pte Ltd’s prior written approval;
  5. You shall not in any manual or automated manner collect Service Professionals’ or Service Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a “mirrored”, competitive or third party site;
  6. You shall not, in any way that transmits more request messages in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, use any manual or automated program or script to make multiple requests to the Infidi Pte Ltd’s servers, or any server of Infidi Pte Ltd’s subsidiary or affiliate. However, the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Infidi Pte Ltd reserves the right to revoke these exceptions either generally or in specific cases;
  7. You shall not recruit, solicit or contact in any form Service Professionals or Service Users for employment or enter into a contract for a business with Service Professionals or Service Users not affiliated with Fixel without express written authorisation from Infidi Pte Ltd.
  8. You shall not take any action that (i) unreasonably encumbers or may unreasonably encumber the Platform’s infrastructure, wherein the latter shall be determined by Infidi Pte Ltd in its sole discretion; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses measures that are used to prevent or restrict access to the Platform.
  9. You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
  If you do not meet, or are unable to comply with any of the above-referenced criteria to maintain an Account with the Platform, please do not use the Platform. Should Infidi find that you violated the criteria to maintain an Account or any other terms stated herein, Infidi reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
Prohibitions on Submitted Content
1. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform including but not limited to (i) your profile; (ii) the posting of your Service; (iii) the posting of your desired Service; or (iv) the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User (collectively referred to as “Submitted Content”, and the posting of Submitted Content is referred to as “Posting” or “Postings”), that:
  1. Misrepresents the source of anything you post, including the impersonation of another individual or entity of any false or inaccurate biographical information for any Service Professionals, provides or creates links to external sites that violate this Terms of Use, is intended to harm or exploit any individual in any way or is designed to solicit, or collect personally identifiable information of any person without his or her express consent;
  2. Invades anyone’s privacy by attempting to harvest, collect or otherwise utilise or publish any of their information without their knowledge and willing consent;
  3. Contains falsehoods or misrepresentations that could damage Fixel or any third party;
  4. Constitutes harassment, is pornographic, hateful, illegal, obscene, defamatory, libellous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism or gratuitous violence, encourages conduct that would be considered a criminal offence, gives rise to civil liability or violates any law, promotes racism, hatred or physical harm of any kind against any group or individual, contains nudity, violence or inappropriate subject matter, or is otherwise inappropriate;
  5. Is in whole or part copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Fixel all of the license rights granted therein;
  6. Is intended to threaten, stalk, defame, defraud, degrade, victimise, or intimidate an individual or group of individuals for any reason or to incite or encourage anyone else to do so;
  7. Intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or server through any means;
  8. Advertises or solicits a business not related to or appropriate for the Platform (as determined by Fixel in its sole discretion);
  9. Contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;
  10. Contains advertising for Ponzi schemes, discount cards, credit counselling, online surveys or online contests;
  11. Distributes or contains viruses or any other technologies that may harm Fixel, or the interests or property of Fixel users;
  12. Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
  13. Is non-local or irrelevant content; or
  14. Contains identical content to other open Postings you have already posted, or uses any form of automated device or computer programme that enables the submission of Postings without the express written consent of Fixel.
Prohibitions on Sending Messages
1. You will not send messages to other users on the Platform containing:
  1. Offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
  2. Unsolicited advertising or marketing of a service (i) not offered on the Platform or (ii) offered through an external website, portal, forum, application or other mediums.
Prohibitions with Respect to Services
1. While using the Platform, you shall not:
  1. Post content or items in any inappropriate category or areas on the Platform;
  2. Violate any laws, third-party rights, Additional Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  3. Fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the description of the Service after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional’s identity;
  4. Fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User’s identity;
  5. Manipulate the price of any Service or interfere with other users’ Postings;
  6. Circumvent or manipulate our fee structure, the billing process or fees owed to Infidi Pte Ltd;
  7. Post false, inaccurate, misleading, defamatory or libellous content (including personal information about any Platform user);
  8. Take any action that may undermine any feature that Fixel has or may come up with for the purposes of the Platform; or
  9. Leave any untrue or inappropriate feedback about a Service. The following constitutes inappropriate uses of feedback: (a) threatening to leave negative or impartial feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in an offer or acceptance that restrict a Service Professional or a Service User from leaving feedback.
User’s Representations and Warranties on Submitted Content
1. You are solely and fully responsible for your own Submitted Content and the consequences of posting or publishing it. Any loss or damage which you sustain as a result of such Submitted Content is solely your responsibility.
2. You retain ownership rights in the Submitted Content and you hereby grant, represent and/or warrant that you have the right to grant Infidi Pte Ltd a worldwide, fully-paid, royalty-free, sub-licensable and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Submitted Content in connection with the Platform and Infidi’s business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform.
3. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to read and use such Submitted Content as permitted under these Terms of Use.
Disclaimers and Right to Remove and/or Block Submitted Content
1. Fixel does not endorse any Submitted Content or any opinion, recommendation, or advice provided by any users and Fixel expressly disclaims any and all liability in connection with all Submitted Content.
2. Fixel does not permit copyright infringing activities and infringement of intellectual property rights on the Platform. Fixel will remove any data or Submitted Content upon being notified or having reason to believe that an infringement has occurred without prior notice to a user who has or is suspected to have conducted such infringement.
3. Fixel may also take any other action or steps it deems fit when exercising its sole discretion against users who (i) breach the Terms of Use, (ii) have been suspected to have infringed copyright and/or intellectual property rights (iii) or have otherwise uploaded inappropriate and/or objectionable content, including blocking their Submitted Content and the delivery of their communication (including, without limitation, feedback, Postings, messages and/or chats) as part of efforts to protect the Platform or users, or to otherwise enforce these Terms of Use without incurring any liability.
4. Fixel reserves the right in its sole and absolute discretion to decide whether any data or Submitted Content is appropriate and complies with these Terms of Use for any and all violations.
5. You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content:
  1. From a variety of sources and that Fixel is not responsible for the accuracy, usefulness and safety of or relating to such Submitted Content;
  2. That Fixel does not own the intellectual property rights to;
  3. That is or may be inaccurate, offensive, indecent or objectionable, and you agree to and hereby waive any legal or equitable rights or remedies you have or may have against Fixel, and agree to indemnify and hold Fixel, its owners, members, managers, operators, directors, officers, agents, affiliates and/or licensors harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
Service Professionals
1. If you are an individual using the Platform and/or have registered for an Account as a Service Professional, you represent and warrant that you have the authority to bind the individual and/or company that is responsible for and operates the business as a Service Professional and your acceptance of the Terms of Use will be deemed an acceptance by that Service Professional.
2. By signing up, registering or creating an Account on the Platform as a Service Professional, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and/or (ii) provision of your Service.
3. Service Professionals shall not:
  1. Register or list on the Platform in a category of Service which they do not offer or that is irrelevant to or inappropriate for the Service they are offering;
  2. Misrepresent the location(s) at which they will provide a Service;
  3. Include third party brand names or other inappropriate keywords in their profile, title or any posting, messages or submission made in or through the Platform;
  4. Use misleading titles, words or phrases that do not accurately describe the Service they provide;
  5. Include any information in their profile that is fraudulent or otherwise incorrect;
  6. Do anything to circumvent or avoid any fees that Fixel may charge;
  7. Conduct fraud or misconduct on any promotions or partnerships with Fixel may conduct;
  8. Use their profile or the Platform for promoting (i) products or goods; (ii) Services which are not offered by the Service Professional through the Platform; (iii) Services which are not a recognised category on the Platform; (iv) any website, service, product, party or anything not directly related to their Service or otherwise prohibited by Fixel in its sole discretion from time to time; or (v) any service that may be prohibited under law;
  9. Solicit Service Users or any person to pay or do anything not specifically permitted by these Terms of Use or by Fixel as it may in its sole discretion determine from time to time;
  10. Offer to solicit any Service or do anything that contravenes these Terms of Use, the Privacy Policy or any laws.
Service Users
1. Service Users shall not:
  1. Commit to purchasing or using a Service with no intention of paying for such Service;
  2. Sign up, request or negotiate a price for, use, or otherwise solicit a Service (i) with no genuine intention as at the time of such conduct of following through with the use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
  3. Request for or agree to purchase a Service when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Professional’s terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.
No Confidentiality
1. Without prejudice to the Privacy Policy, you acknowledge and agree that Fixel does not guarantee any confidentiality with respect to any Submitted Content by users, including without limitation, your profile or information conveyed, posted or shared by you, that is hosted and/or published on the Platform.
Modifications to Terms of Use or Privacy Policy
1. Infidi Pte Ltd (Fixel) reserves the right, in its sole discretion, to change, modify or otherwise amend the Terms of Use and any other documents incorporated by reference at any time. It is your responsibility to review the Terms of Use for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
Termination
1. Fixel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform or any part thereof with or without notice and in its sole discretion. You agree that Fixel shall not be liable to you or to any third party for any modification, suspension or discontinuance of Fixel’s services.
2. You hereby acknowledge and agree that Fixel in its sole and absolute discretion has the right but not the obligation to delete, terminate or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform or any part thereof, or remove and discard any Submitted Content on the Platform immediately and without notice and for any reason which it may but is not obliged to disclose.
3. Upon termination of your Account, your right to participate in the Platform in any way shall automatically terminate and the following shall occur:
  1. Your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. However, residual data may remain in the Fixel system;
  2. All licenses granted to you will immediately terminate;
  3. Fixel shall not be liable to you or any third party for any termination of your access to the Platform. Fixel retains the right to use any data collected from your use of the Platform; and
  4. All related licenses you have granted Fixel hereunder shall remain in effect for the foregoing purpose. In no event is Fixel obligated to return any Submitted Content to you. All terms and conditions and rights in favour of Fixel survive termination and remain in the full benefit of Fixel.
4. You agree to indemnify and hold Fixel and its officers, managers, members, affiliates, successors, assignees, directors, agents, Service Professionals, suppliers and employees harmless from any claim or demand, including reasonable solicitors’ fees and court costs, made by any third party due to or arising out of the termination.
Intellectual Property Rights
1. The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by Infidi Pte Ltd, Fixel, subject to other copyright and other intellectual property rights under applicable laws and international conventions. Such Data and/or Marks are or may become protected by copyright, trademark, patent, trade secret and other laws, and Fixel owns and retains all rights in such Data and Marks. All other trademarks, names and logos on this Platform are the property of their respective owners.
2. Data on the Platform is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
3. Infidi Pte Ltd, Fixel reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute any of the Data other than expressly permitted herein, including any use, copying or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
Disputes
1. Your interactions with other users, whether individuals, companies and/or organisations and whether Service Professional or Service Users, found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
2. You understand and acknowledge that deciding whether to:
  1. Use the Services of a Service Professional;
  2. Provide Services to a Service User; or
  3. Use information contained in any Submitted Content
  is your personal decision, for which you alone are responsible. You understand that Fixel does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information or recommendations made by any user.
3. In the event of any dispute between you and a Service User, Service Professional or any other third party or user in relation to the Platform, such dispute shall be resolved between you and such Service User, Service Professional or any third party or user, and Fixel shall not have or hold any responsibility, liability or obligation in relation thereof.
4. Notwithstanding the foregoing, you agree that Fixel shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between users of the website, or between users and any third party, you acknowledge and agree that Fixel is under no obligation to be involved. In the event that a dispute arises between you and one or more users or any third party, you hereby release Fixel, its officers, managers, members, directors, employees, solicitors, agents and successors in rights from any claims, demands, and damages (actual and consequential) of every kind of nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or disclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.
Advertisements and Third Party Links
1. Aspects of the Platform and other Fixel services may be supported by advertising revenue. As such, Fixel may display advertisements and promotions on the service. The manner, mode and extent of advertising by Fixel on the Platform is subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Fixel of any advertised products or services. You agree that Fixel shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
2. The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. You acknowledge that Fixel is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered or interpreted to be Fixel’s endorsement of such third-party sites or any product or service offered through them.
3. Fixel does not monitor or have any control over, and make no claim or representation regarding third party websites. To the extent such links are provided by Fixel, they are provided only as a convenience, and a link to a third-party website does not imply Fixel’s endorsement, adoption or sponsorship of, or affiliation with, such third-party websites.
4. You further acknowledge and agree that Fixel shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. Once you leave our Platform, these Terms and Conditions no longer govern you and you are advised to check the terms and conditions of those websites. You also acknowledge that it is your obligation to comply with any terms and conditions of any third parties that you may come into contact with either directly or indirectly through the use of the Platform, and you accept all responsibility thereof. Your dealings and communications through the Platform with any party other than Fixel are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.
Disclaimer of Warranties, Limitation of Liability and Indemnities
1. You expressly acknowledge and agree that the use of the website is at your sole risk. Fixel, its officers, directors, employees and agents make no warranties and/or representations and disclaim all warranties, representations and/or conditions whether express or implied arising or resulting from or under and in connection with the website and from your use or inability to use thereof including but not included to:-
  1. The accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights of the website or any service that Fixel provides;
  2. Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Platform (whether by Fixel or any third party through the Platform);
  3. Any unauthorised access to or use of the website or Fixel’s services, data or information;
  4. Any cessation, termination or disturbance of transmission to or from the website;
  5. Any computer viruses, worms, Trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the website whether due to the actions of any third parties or otherwise;
  6. Any transaction or transmission between you and any third party provider of product or services of any kind in any medium whatsoever;
  7. Any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the Platform or otherwise.
2. You expressly acknowledge and agree that to the fullest extent permitted by law, in no event shall Fixel, its officers, directors, employees and agents be liable for any direct, indirect, incidental, special, general, punitive, exemplary, consequential damages or any form of damage, loss or injury in any form whatsoever (including but not limited to loss of profits, corruption or loss of data, failure in transmission of data or business interruption) regardless of the theory of liability (contract, tort or otherwise) arising or resulting from or under and in connection with the Platform and from your use or inability to use thereof, including but not limited to:-
  1. The accuracy, completeness, merchantability, satisfactory quality, uninterrupted or error-free service or operation, continuity and availability of service or operation, compatibility and usability with third party or other services, fitness for a particular purpose, quiet enjoyment, and non-infringement of third party rights of the website;
  2. Any errors, mistakes, omissions or inaccuracies in any material, content, message, transmission or act, whether posted, emailed, transmitted, submitted, advertised, offered or otherwise made available in the Platform (whether by Fixel or any third party through the Platform, any website, submissions or any other means);
  3. Any unauthorised access to or use of the Platform for Fixel’s servers, data or information;
  4. Any cessation, termination or disturbance of transmission to or from the Platform;
  5. Any computer viruses, worms, Trojan horses or other malware or by trespass or burdening network capacity whether transmitted to or through the website whether due to the actions of any third parties or otherwise;
  6. Any transaction or transmission between you and any third party provider of products or services of any kind in any medium whatsoever;
  7. Any harassment, abuse, stalking, threatening, defamatory, offensive, infringing, violating or illegal submission, material, content, message, transmission or act by any user of the website or otherwise.
3. You agree to indemnify and hold harmless to the fullest extent allowed by law, Fixel, its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and/or expenses of any nature whatsoever arising from your use of the Platform, your breach and/or violation of any term of these Terms of Use, your breach and/or violation of any third party right of any nature whatsoever, including but not limited to copyright, intellectual property, property and/or privacy rights.
Fees and Taxes
1. Fixel reserves the right at its sole discretion to charge fees to Service Users and/or Service Professionals for the Fixel Service and the use of the Platform, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through Fixel. Fixel reserves the right to charge fees for such facilities at its sole discretion and by using the Platform, you agree to pay any such fees as Fixel may notify to you and prescribe from time to time.
2. Fixel acts solely as an online platform for Service Users to connect with Service Professionals for the purposes of transacting to respectively receive and provide Services. Fixel is not itself a Service Professional or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Professional to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations.
Not Party / No Agency or Partnership
1. You hereby acknowledge and agree that Fixel is not a party to any oral or written agreement for Service or any agreement or contract entered into between Service Users and Service Professionals in connection with any Service offered, directly or indirectly, through the Platform.
2. No agency, partnership, joint venture or employment is created as a result of the Terms of Use or your use of any part of the Platform. You do not have any authority whatsoever to bind Fixel in any respect. All Service Professionals are independent of Fixel. Neither Fixel nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
Entire terms
1. The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Fixel on the Platform, shall constitute the entire agreement between you and Fixel concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
Governing Law
1. These Terms of Use shall be governed by the laws of Singapore and you agree to submit to the exclusive jurisdiction of the courts of Singapore in the event of any claims or disputes.