Fixail

A BRIEF ABOUT OUR PLATFORM

Fixail is a Mobile App, and Web Portal developed own and run by Liber Services LLP India a company incorporated under the rules and regulations of Limited Liability Partnership Act 2008 of India, it’s a marketplace aiming to provide a Platform for the buyers and sellers to connect with each other for the ease of needs, the buyer can easily avail the services of the service provider selling their reliable and excellent services for the day to day needs of individuals. The service providers includes Plumbers, Electricians, Carpenters, Painters, Home Cleaners, Home Appliances Servicing, Automobile servicing, Handyman services, CCTV Camera Services, Home Nurses, Mobile Tyre Care, Building Constructions and many more services.

Fixail services are intended to provide the customers the best of the services they need with the ease of few clicks, the customer just need to sign up with their details and choose the category of services they want based on the location and services needed the service providers for the selected service will appear and the customer may choose the service provider based on its ranking and reviews and set the date and time for the service.

Fixail provides platform for the Customers to find trustworthy services around them through this mobile application getting their work done within a stipulated period of time. The service Providers are the best in market which Fixail provide to the customers.

It is intended to be a compliment to the existing system and services for day to day needs, it enables the Customers to make their work super easy and fast bypassing the need of finding the service providers manually by going to the market saving time and energy with getting the best of service providers.

THE AGREEMENT:

These terms and conditions ("Terms") govern the use of services made available on

or through https://www.fixail.com and/or the Fixail mobile app

(collectively, the "Platform", and together with the services made available on or through the Platform, the "Services").

These Terms also include our privacy policy, available

At https://www.fixail.com/privacy-policy ("Privacy Policy"), and any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time ("Supplemental Terms"). The Privacy Policy and the Supplemental Terms form an integral part of these Terms. In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

The Terms constitute a binding and enforceable legal contract between

Liber Services LLP along with its business division Fixail (A company incorporated under the Companies Act, 2013 and its affiliates ("Fixail" "US" “Liber”, or "our"), and you, a user of the Services, or any legal

entity that books Pro Services (defined below) on behalf of end-users ("you" or

"Customer"). By using the Services, you represent and warrant that you have full legal capacity and authority to agree to and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.

By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.

1. SERVICES

(a)The Services include the provision of the Platform that enables you to arrange and schedule different home-based services with independent third-party service providers of those services ("Service Professionals"). As a part of the Services, Fixail facilitates the transfer of payments to Service Professionals for the services they render to you and collects payments on behalf of such Service Professionals.

(b) The services rendered by Service Professionals are referred to as "Pro Services". The term "Services"does not include the Pro Services.Fixail does not provide the Pro Services and is not responsible for their provision. Service Professionals are solely liable and responsible for the Pro Services that they offer or otherwise provide through the Platform. Fixail and its affiliates do not employ Service Professionals, nor are Service Professionals agents, contractors, or partners of Fixail or its affiliates. Service Professionals do not have the ability to bind or represent Fixail.

(c) The Platform is for your personal and non-commercial use only, unless otherwise agreed upon in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India.

(d) The Services are made available under various brands owned by or otherwise licensed to and its affiliates.

(e) A key part of the Services is Fixail's ability to send you text messages, calls, electronic mails, or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies. While you may opt out of receiving these text messages by contacting at support@fixail.com or through the in-Platform settings, you agree and acknowledge that this may impact fixail's ability to provide the Services (or a part of the Services) to you.

(f) In certain instances, you may be required to furnish identification proof to avail the Services or the Pro Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Pro Services.

2. BOOKINGS

Orders: The Platform permits you to request various Pro Services at a time of your choosing based on available slots. To make a booking, you should follow the instructions on the Platform and provide necessary information. We use reasonable efforts to enable you to find a Service Professional who is able to provide that service at the requested time. If, in the unlikely event we cannot find a Service Professional for the specific timeslot, we will contact you to find an alternative time.

Confirmation: Once you place a request we will provide confirmation of the booking via SMS,call, email or a push notification. Once a Service Professional has been identified for the requested Pro Services, you shall receive confirmation in App or via SMS,call, email or a push notification.

Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. Fixail’s cancellation policy sets out applicable cancellation fees.
Substitution: In case of the unavailability of, or cancellation by a selected Service Professional, we will offer you a substitute of the Service Professional from another registered Service Professionals.

3. PRICING, FEES, AND PAYMENT TERMS

Fixail reserves the right to charge you for the different Services you may avail and or for any other facilities you may opt for, from time to time, on or via the Platform.
Charges and Fees in respect of Pro Services:

(i)In respect of Pro Services that you seek to avail through the Platform, you shall be required to pav Service Professionals the amount indicated at the time of work completion as well as amounts towards (a) any additional Pro Services you may avail, (b) out of pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilised for the performance of the Pro Service ("Charges"). In addition to the Charges payable to Service Professionals, Fixail reserves the right to charge you a

convenience fee for facilitating the booking and transferring payments to the Service Professional (this fee is referred to as "Fees""). You acknowledge that the final bill you receive may include additional charges, including without limitation, a safety fee & convenience fee.

(ii) Fixail shall notify you of the applicable Charges, Fees, and payment methods at the time of booking. Generally, you may make payments for Pro Services through credit cards, debit cards, net banking, wallets, UPI or cash upon completion of the Pro Service. We have the right to modify and otherwise restrict the modes of payment available to you. You acknowledge that certain payment methods such as cash upon completion may not always be available to you as a payment method. For the avoidance of doubt. In the event you pay through the method of 'cash upon completion', you acknowledge that you will be required to pay both Charges and Fees to theService Professional.

(iii) The Charges and Fees may be payable at the time of completion of the Pro Service, as specified by fixail, directly to fixail.

(iv) For the avoidance of doubt, please note that the Charges

are payable to Service Professionals, and Fixail acts as a limited collection agent on behalf of such Service Professionals to collect and transfer amounts due to them.

(V) Taxes: All Charges and Fees are inclusive of applicable taxes.

(vi) Fixail reserves the right to reasonably amend the Charges and Fees at any time at its sole discretion. A change in Fees shall not impact any bookings that have been confirmed before the publication of the revised Fees on the Platform.

(vil) Charges and Fees that you pay are final and non-refundable, unless otherwise determined by fixail or required by the applicable laws. Under certain laws, you may be entitled to a refund or other remedies for a failure in the provision of the Services.

(viii) You acknowledge and agree that Charges and Fees applicable in certain

geographical areas may increase substantially during times of high demand. Fixail will use reasonable efforts to inform you of the Charges and Fees that may apply. However, by using the Pro Services Or Services, you will be responsible for the Charges and Fees

incurred under your Account regardless of your awareness of such Charges or Fees.

1) DEFINITIONS

The parties which have been referred to in this agreement are:

a)Fixail, Us, We: Liber Services LLP India, as the creator, operator, and publisher of the website and application, developed, runs and owns the website/app, through its registered users who avail the service providers services based on their needs and the service providers around them in area through our website/app. Fixail, Us, We, Our, Ours and other first-person pronouns will refer to Fixail as well as all employees of Liber Services LLP India.

b) You, being the User and the Client will be referred as You, Your, yours, or as User or Client in this agreement

c) The parties to this Agreement (Liber Services LLP India and You) will be referred to as Parties.

2) ACCEPTANCE

By using the website and mobile application Fixail, you warrant that you have read and reviewed this Agreement and that you are bound by each of its clauses governing the use of this website/app. If you do not agree to be bound by this Agreement, please hold the use of our website/app. Fixail only provides use of this website/app content and Services to you if you assent to this Agreement.

3) RESTRICTIONS

You must be at least 18 (eighteen) years of age to use this website/app its content or any Services contained herein. By using this website/app, you represent and warrant that you are at least 18 years of age and legally agree to this Agreement. Liber Services LLP India assumes no responsibility or liability for any misrepresentation of your age.

4) LICENSE

Liber Services LLP India provides you with certain information as a result of your use of this website/app its content or Services. Such information may include but is not limited to, documentation, data, or information developed by Fixail and their registered users. Materials which may assist in your use of the website/app content or its Services ("Fixail Content") Subject to this Agreement, Fixail grants you a non-exclusive, limited, non-transferable and revocable license to use Fixail Content solely in connection with your use of the website/app its content and Services. Fixail Content shall not be used for any other purpose, and this license terminates upon your cessation of use of the website/app its content or Services or at the termination of this Agreement.

5) INTELLECTUAL PROPERTY

You agree that the user generated content on the website/app its content and all Services provided by Fixail are the property of Liber Services LLP, All copyrights, trademarks, patents, and other intellectual property belongs to ("Liber Services LLP IP"). You agree that Liber Services LLP owns all right, title and interest in and to Fixail and that you will not use Fixail for any unlawful or infringing purpose. You agree not to reproduce or distribute Liber Services LLP IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from Liber Services LLP.

6) USER REGISTRATION AND ACCOUNT SERVICES

As a user of the website/app Contents or Services, You are asked to register with us. When you do so, you will choose a user identifier, which may be your email address or user ID, as well as a password. You will be asked to provide your personal information, including, but not limited to, your name, contact number, email id, location, and in addition to this KYC documents like Aadhar, PAN, Passport, Driving License in case of a service provider. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to use the website/app its content and Services. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you hereby agree to notify us immediately by writing an email to us, and change your password immediately you are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information, or using the website/app or Services to further fraud or unlawful activity are grounds for immediate termination of this Agreement

7) USER CONDUCT

You agree not to use the website/app its content or Services for any unlawful purpose or any purpose prohibited under the laws and this clause. You agree not to use the website/app its content or Services in any way that could damage its content and Services.

Liber Services LLP India expects, and you the user as the customer and service provider hereby agrees and confirms not to:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights such as privacy and publicity rights of others.

2. Advertise or offer to sell or buy any false goods or services for any purpose.

3. Falsify or delete the legal or other appropriate notice or designation of ownership or origin label or source of software.

4. Limit or prevent other users from using and enjoying Fixail content and services.

5. Do any sort of malpractice while performing the services.

6. Contact or communicate with the seller or the customer directly outside the app in case you are the service provider to avail the services or provide any kind of services.

7. Violate any code of conduct or other guidelines that may apply to certain Communication Services.

8. Harvest or collect information about the customer or service provider from the app, including e-mail addresses, without Liber Services LLP consent.

9. Violate any applicable law or regulation.

10. Do illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

8) SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the website/app its content or Services;

b) Violate the security of the website/app its content or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

9) RELEASE AND INDEMNITY

You as a customer and service provider agree to defend and indemnify Liber Services LLP, Its employees and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to the services offered or services taken by your use of the website/app its content or Services, your breach of this Agreement, or your conduct or actions.

Though Liber Services LLP takes enough and ample of steps for the experienced service providers Liber Services LLP l does not accept responsibility for the work or transaction performed by any of the service provider. You agree that your use of the website/app its content or Services is at your own risk and agree to release and indemnify Liber Services LLP from all liability of any kind.

10) MODIFICATIONS

Liber Services LLP, from time to time and at any time without notice to you, modify this Agreement. You agree that Liber Services LLP has the right to modify this Agreement its website/app content and services or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website/app and those modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any competent court of law in India, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the bottom of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement. You agree that your continued use of the Website /App after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.

c) If you fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of your right to review the modified Agreement.

11) CANCELLATIONS

To cancel any order a cancellation option for any service is provided under my orders section, provided that the service provider has not reached your location. In case the service provider has reached your location a penalty of the base service charge will be payable by the customer. You may cancel any service after ordering in accordance with the Fixail terms and conditions only.

12) REMOVAL POLICY

If Fixail receives a complaint and has reasons to believe that any service provider has provided low standard of work and in breach of this or any other agreement by Fixail. We reserves the right to remove that service provider form the Fixail listing, A notice of such information may be sent by any user to Fixail containing the description of the information with their contact details.

13) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties concerning all the use of our website/app. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of our website/app.

14) SERVICE INTERRUPTIONS

Liber Services LLP India may need to interrupt your access to the website/app to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website/app may be affected by unanticipated or unscheduled downtime, for any reason, but Liber Services LLP India shall have no liability for any damage or loss caused as a result of such downtime.

15) TERMINATION

Liber Services LLP India may terminate this Agreement with you at any time for any reason, with or without cause. Liber Services LLP India specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of Liber Services LLP India or a third party, failing to comply with applicable laws or other legal obligations. If you have registered for an account with us, you may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

16) WARRANTIES

You agree that your use of the website/app its content and Services is at your sole and exclusive risk and that any Services provided or availed by you or our users are on an "As Is" basis. Liber Services LLP India hereby expressly disclaims all express or implied warranties of any kind, we makes no warranties that the website/app its content or Services will meet your needs or that the App its content or Services will be uninterrupted, error-free, or secure. Liber Services LLP India also makes no warranties as to the reliability or accuracy of any information and content on the website/app. You agree that any damage that may occur to you, from your use of the website/app content and its Services is your sole responsibility and Liber Services LLP India is not liable for any such damage or loss.

17) LIMITATIONS

Liber Services LLP India is not liable for any damages that may occur to you as a result of your use of the fixail website/app its content or Services, to the fullest extent permitted by law. The maximum liability of Fixail arising from or relating to this Agreement is limited to the greater of five hundred (RS 500). This section applies to all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

18) GENERAL PROVISIONS:

a) JURISDICTION: Through Your use of the Fixail website/app and its Services, You agree that the laws of Kerala India shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and Liber Services LLP India, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of Kerala India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

b) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages. The arbitrator shall be bound by applicable and governing laws Each Party shall pay their costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on state laws. Intellectual property claims by Liber Services LLP India will not be subject to arbitration and, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial regarding arbitral claims.

c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Liber Services LLP India, the rights, and liabilities of Liber Services LLP India will bind and inure to any assignees, administrators, successors, and executors.

d) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a competent court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

e) RELATIONSHIP: No agency, partnership, or joint venture has been created between the Parties or Liber Services LLP India as a result of this Agreement. No Party has any authority to bind the other to third parties.

Effective Date: April 15 , 2021