Terms & Conditions (Users)
1. User Agreement
1.1 By using:
(a) the Fix'd Group website and any of its associated services and functionality; or
(b) the Fix'd mobile application,
(In each case, the "Website") you acknowledge and agree to be bound by these terms and conditions ("Agreement").
1.2 Please read this Agreement carefully before using the Website. If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
1.3 This Agreement is formed between you and Fix'd Group Pty Ltd ("We", "Us" and "Our").
1.4 Anyone who uses the Website is referred to in this Agreement as "You" and "Your".
1.5 We reserve the right to make changes to this Agreement from time to time at Our sole discretion. By continuing to use the Website, You agree to be bound by the changes.
1.6 We will endeavour to alert You to any significant changes to this Agreement.
2. Not a Professional Referral Service, Nor Professional Advice and Nor Professional-Client Relationship
2.1 Our Websites operates online referral and directory services.
2.2 Our Website is not a lawyer or legal practitioner office and does not provide advice.
2.3 Your use of the Website or the receipt of any information from Us is not intended to create nor does it create a Professional-client relationship between You and Us.
2.4 Your use of the Website or the receipt of any information from a Professional listed on the Website is not intended to create nor does it create a Professional-client relationship unless agreed in writing or other means between You and the Professional directly.
2.5 This Website is not intended to be, nor should it be relied on as, a substitute for professional advice
3. User Representations
3.1 You represent and warrant that:
(a) You are at least eighteen (18) years of age;
(b) You will use the Website in accordance with this Agreement.
4. Your Use of the Website
4.1 You agree to use the Website only for purposes that are permitted by:
(a) these terms and conditions; and
(b) any applicable law or regulation.
4.2 You must not (or attempt to):
(a) access any part of the Website by any means other than through the interface provided by Us;
(b) use any robot, spider, scraper or other automated means to access the Website for any purpose without Our express written permission;
(c) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website;
(d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website;
(e) use, copy, or distribute content except as permitted by this Agreement, by law or with Our prior written consent;
(f) use the Website to upload, transmit or otherwise contribute content that infringes on another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
(g) use the Website to upload or publish any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware, or is otherwise objectionable as reasonably determined by Us;
(h) use the Website for any fraudulent or inappropriate purpose;
(i) use browser plugins or third-party services to block or circumvent advertisements displayed on the Website;
(j) use the Website to send unsolicited or spam messages to any third-party;
(k) use the Website to impersonate another user or person;
5. Changes to the Website
5.1 We aim to provide a positive experience for You. We reserve the right to change the Website at any time. We do not guarantee that You will be able to access the Website in the same way or with the same technology that You used before the change.
6. Information on this Website
6.1 We do not pre-screen all contributed content or regularly review all contributed content, but we reserve the absolute right (though not the obligation) to remove, without notice, any content published.
6.2 You understand and agree that except where required by law, we are not responsible for inaccuracies or errors caused by incorrect information supplied to Us.
6.3 You agree to make Your own enquiries to verify the accuracy and/or suitability of any information contained on this Website.
7. Disclaimer and Liability
7.1 We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
7.2 We aim to keep the content as accurate, useful and error-free as possible, however, except where We are not permitted to do so by law, We exclude all liability to You or anyone else for loss or damage of any kind or nature relating in any way resulting from Your use of, or reliance upon, information contained on the Website including, but not limited to, loss or damage You might suffer as a result of:
(a) errors, omissions or inaccuracies on the Website;
(b) You acting or not acting, on any information contained on or referred to on the Website and/or any linked Website;
(c) personal injury or property damage of any nature resulting from Your access to or use of the Website;
(d) any unauthorised access to or use of Our secure servers and/or personal data and/or financial information stored on those servers;
(e) any interruption or cessation of transmission to or from the Website;
(f) any malware which may be transmitted to or through our Website by any third-party; and/or
(g) the quality of any product or service of any linked website.
7.3 Where liability cannot be excluded, any liability incurred by Us in relation to the use of this Website is limited by the Competition and Consumer Act 2010 (Cth).
7.4 We will never be liable for any indirect, incidental, special or consequential loss arising out of the use of the Website, including loss of business profits even if You tell us of the extent of potential loss or damage before using the Website.
8.1 You understand and acknowledge that You, as a user of this Website, are responsible, and are personally liable for, any content that You contribute and actions that you perform on this Website. You will at all times indemnify, and keep indemnified, Us, Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by Us arising from any claim, demand, suit, action or proceeding by any person against Us where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of this Agreement.
9. Intellectual Property
9.1 We reserve all of our intellectual property rights, including but not limited to, copyright in content and/or services provided by Us. Nothing in this Agreement gives You a right to use any of Our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
9.2 You may not:
(a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
(b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website or any content appearing on the Website.
9.3 We respect the intellectual property of others. Trademarks used on the Website that belong to third parties remain the intellectual property of the respective owner. It is Our policy to respond promptly to claims of intellectual property infringement. Intellectual property rights holders alleging an infringement of their intellectual property rights must email email@example.com with particulars of their allegation together with supporting information showing their rights to, or ownership of, the IP being infringed.
9.4 If You contribute content to the Website or communicate or correspond with Us, You automatically grant to Us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content and/or any part of Your correspondence or communication (the "Material") and to prepare derivative works of the Material or incorporate the Material into other works in order to publish or promote the Website or its content. This may include, but is not limited to, publishing testimonials on the Website, promoting the Website through means other than the Website (whether or not those means have been invented or are to be invented in the future) and developing Your ideas and suggestions for improved products or services we provide. Where We use your material, You acknowledge and agree that You are not entitled to be paid a fee, royalty or any other form of consideration by Us for doing so.
10. Transfer and Assignment
10.1 You agree and acknowledge that, if We merge, sell or otherwise change control of Our company or sell, lease, licence or otherwise transfer control of the Website to a third-party:
(a) We may without giving notice or seeking prior consent from You, disclose Your personal information and other data we may have collected from You to the third-party; and
(b) We are entitled to assign the obligations and benefits of any agreements We may have with you to the third-party.
11.1 We will not be liable for any delay in performing any of Our obligations under this Agreement if such delay is caused by circumstances beyond Our reasonable control.
11.2 This Agreement will be governed by and interpreted in accordance with the laws of Queensland, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts and tribunals of Queensland, Australia and to those courts entitled to review their decisions.
11.3 If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severed from this Agreement and will not affect the validity and enforceability of the remaining provisions.
11.4 If We do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any right or provision under this Agreement will only be effective if it is in writing and signed by Us.
12. Reviews and Ratings
12.1 We may moderate a review at any time without prior notice at Our sole discretion (though do not have the obligation to moderate). If We have published rules relating to the posting of reviews or conduct of members, these may form the basis of Our decision, but not exclusively so. We reserve the right to make and amend rules as a guide for Users.
12.2 Reviews submitted by You must reflect your personal experience with the Practitioner or Practitioners Office. The information or comment You provide should be of a kind that a reasonable person would find useful when searching for a Professional.
12.3 Your review must be factually accurate and must not defame, exaggerate or misrepresent your experience. Comments must be based on fact and not based on gossip, rumour or without a proper basis. You must be able to support all statements You make. We are not responsible for verifying or investigating reviews.
12.4 Only review the Professional of which You have direct experience. Your perspective on someone else's experience is solely Your perspective and without more, the making of comments on another person's experience is not permitted.
Fix'd User Agreement last updated on 1 October 2022.