Terms and Conditions

1. YOUR ACCEPTANCE OF THIS AGREEMENT

A.  These terms and conditions (“Terms”) govern the use of se1rvices made available on or through https://www.spinfixx.com In the event of a conflict between these Terms and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail.

B. The Terms constitute a binding and enforceable legal contract between SPINFIXX Concepts Private Limited (a company incorporated under the Companies Act, 2013 with its registered address at #15/4, 1st Floor, 1st Main, 1st Cross Rd,Muniveerappa Layout,Bengaluru 560045. Its affiliates (“SPINFIXX”, “we”, “us”, or “our”), and you, a user of the Services, or any legal entity that books Service (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.

C. 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.

2. SERVICE 

(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,

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

(c)  The Platform is for your personal and non-commercial use only, unless otherwise agreed upon on in accordance with the terms of a separate agreement. Please note that the Platform is intended for use only within India. You agree that in the event you avail the Services or Service Partners from a legal jurisdiction other than the territory of India, you will be deemed to have accepted the SPINFIXX terms and conditions applicable to that jurisdiction.

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

(e)  A key part of the Services is SPINFIXX’s ability to send you text messages, 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 SPINFIXX at contact@spinfixx.com or through the in-Platform settings , you agree and acknowledge that this may impact SPINFIXX’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 Service Partners, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or Service Partners.
 

3. ACCOUNT CREATION

To avail the Services, you will be required to create an account on the Platform (“Account”). For this Account, you may be required to furnish certain details, including but not limited to your phone number. To create an Account, you must be at least 18 years of age. You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Platform in the event of any change to or modification of this information. You are solely responsible for maintaining the security and confidentiality of your Account and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account. You are liable and accountable for all activities that take place through your Account, including activities performed by persons other than you. We shall not be liable for any unauthorised access to your Account. You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and the Services, (iii) promotional offers and services from us and our third-party partners, and (iv) any other matter in relation to the Services.

4. Disclaimer and Terms of Use

Content Disclaimer

SPINFIXX communicates information provided and created by advertisers, homeowners, home improvement professionals, and other third parties. While every effort has been made to ensure the authenticity of the content on the platform, SPINFIXX disclaims control over content accuracy, integrity, or quality. The information on our pages may contain technical inaccuracies or typographical errors. SPINFIXX makes no guarantees regarding the authenticity, currency, content, quality, copyright compliance, legality, or any other intellectual property rights compliance of the information. Users acknowledge and agree that SPINFIXX is not liable for any resulting loss or damage, direct or indirect, arising from the use of or reliance on such content.

Product and Promotion Information

All data on products, prices, and promotions, including availability, is subject to change without notice by the respective providers. Users are advised to exercise discretion while using the platform.

Platform Improvements and Updates

SPINFIXX reserves the right, without obligation, to make improvements or correct errors or omissions in any part of the platform. While efforts are made to update information promptly, SPINFIXX shall not be liable for any inaccuracies.

Intellectual Property Rights

All rights, title, and interest, including trademarks and copyrights, in respect of the domain name and platform content hosted on SPINFIXX are reserved with SPINFIXX. Users are permitted to read, print, or download text, data, and/or graphics from the platform for personal use only. Unauthorized access, reproduction, redistribution, transmission, or other dealing with platform information is strictly prohibited and may result in legal action.

External Links

Links to external internet sites provided within the platform content are for user convenience. These links do not imply endorsement of the sites by SPINFIXX or its affiliates. SPINFIXX makes no representations regarding the availability or performance of its platform or any linked external websites. Clicking on external links from the platform redirects users to websites not hosted or controlled by SPINFIXX. SPINFIXX and its affiliates are not responsible for the content, functionality, authenticity, or technological safety of these external sites.

SPINFIXX reserves the right to disable links to or from third-party sites, including advertisers, sponsors, and home service providers using SPINFIXX's marks in co-branding relationships.

Reader Participation and Advertisements

Sections of the platform inviting reader participation may contain views, opinions, suggestions, comments, and other information from the general public. SPINFIXX does not verify the accuracy or correctness of such information and reserves the right to accept/reject information or advertisements. SPINFIXX may impose or relax platform access rules and regulations for users.

Access Regulations

SPINFIXX reserves the right to impose or change platform access regulations, including access fees, timings, equipment requirements, and restrictions. Users are responsible for reviewing these terms and conditions each time they use the platform.

5. CONSENT TO USE DATA

(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data.

(b) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with ouraffiliatesor other third-party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services, and provision of beneficial schemes, new offers, and for experience enhancement.

(c)  Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.

6. BOOKINGS

(a) Orders: The Platform permits you to request various Service Partners 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.

(b) Confirmation: Once you place a request we will provide confirmation of the booking via SMS, email or a push notification. Once your booking has been confirmed, you will be required to make the payment in accordance with these Terms or as indicated on the Platform. Once a Service Professional has been identified for the requested Service Partners, you shall receive confirmation in App or via SMS, email or a push notification.

(c)  Cancellations: Bookings that are cancelled before confirmation on the Platform will not be charged. SPINFIXX’s cancellation policy sets out applicable cancellation fees.

(d)  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 among our registered Service Professionals.

7. Customer and Service Provider Conduct

Discrimination and Respect

SPINFIXX prohibits discrimination against Service Professionals based on characteristics protected under applicable law, including race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic. This includes refusing to accept Service Partners based on any of these characteristics. Users are required to treat all Service Professionals with courtesy and respect, providing them with a safe, clean, and appropriate location to perform the services.

Service Professionals have the right to refuse to perform services if the location provided is unsafe, unclean, or otherwise inappropriate, or if the user's behavior towards them is discourteous, disrespectful, abusive, or inappropriate. SPINFIXX reserves the right to withhold access to services and limit user access to Service Partners if the user engages in discourteous, disrespectful, abusive, or inappropriate behavior towards any Service Professional, or if such behavior is deemed unlawful.

Code of Conduct for Service Providers/Users

Users and Service Providers must resolve any conflicts arising from services provided. SPINFIXX is not liable for damages if:

• A user cancels a booking with SPINFIXX and receives services from a SPINFIXX-listed service provider outside the platform.
• A Service Provider provides services to users after canceling a booking on the SPINFIXX platform, leading to termination from the platform.

8. Limitation of Liability

1. General Limitation:

   • In no event shall SPINFIXX be liable to any user on account of such user's use, misuse, or reliance on the platforms for any damages whatsoever. This includes direct, special, punitive, indirect, consequential, or incidental damages, or damages for loss of profits, revenue, use, or data, whether brought under warranty, contract, intellectual property infringement, tort (including negligence), or other theory.

2. Awareness of Damages:

   • Even if SPINFIXX is aware of or has been advised of the possibility of such damage, such damages arising out of or connected with the use (or inability to use) or performance of the platform, the materials, or the internet generally, or the use (or inability to use), reliance upon, or performance of any material contained in or accessed from any platforms are not assumed by SPINFIXX.

3. Legal Liability:

   • SPINFIXX does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed on the platforms or other material accessible from the platform.

4. User Responsibility:

   • The user of the platform assumes all responsibility and risk for the use of this platform and the internet generally.

5. Essential Purpose:

   • The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law.

6. Jurisdictional Limitations:

   • Some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above exclusions may not apply to all users. In such countries, liability is limited to the fullest extent permitted by law.

9. THIRD PARTY SITES

Your correspondence or business dealing with or participation in the sales promotions of advertisers or service providers found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Platform. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources. You acknowledge and agree that your use of these linked sites is subject to different terms of use than these Terms, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on the Platforms

MONITORING OF MATERIALS TRANSMITTED BY YOU: Changes may be periodically incorporated into the Platforms. SPINFIXX may make improvements and/or changes in the products, services and/or programs described in the Platform and the Materials at any time without notice. We are under no obligation to monitor the material residing on or transmitted to the Platform. However, anyone using the Platform agrees that SPINFIXX may monitor the Platform contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Platform properly or to protect itself and its users. SPINFIXX reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platform that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

DELETIONS FROM SERVICE:SPINFIXX will delete any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties. SPINFIXX reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of SPINFIXX, may be, defamatory, infringing or violate of applicable law. SPINFIXX reserves the right to exclude Material from the Platform. Materials submitted to SPINFIXX for publication on the Platform may be edited for length, clarity and/or consistency with SPINFIXX's editorial standards.

10. ADDITIONAL DISCLAIMER

Users using any of SPINFIXX service across the following mediums ie. through internet ie www.SPINFIXX.in Website is bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any kind or any sort of transaction including but not limited to monetary transaction ) with the Advertiser listed with SPINFIXX.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and SPINFIXX does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with SPINFIXX .Further, SPINFIXX is not at all responsible for any act of Advertiser/s listed at SPINFIXX.

Our company does not endorse, provide, or support any third-party technical support services. Any reference to third-party products, companies, or services on this website is for informational purposes only and does not constitute an endorsement or recommendation. We are not affiliated with, nor do we have any partnership or connection with, any third-party technical support providers.

Please be aware that any third-party technical support services you may encounter are independent entities, and we are not responsible for the actions, products, or services provided by such third parties. We advise you to exercise caution and perform due diligence when engaging with any third-party technical support service.

11. USING SPINFIXX.IN'S LOCAL SERVICE NEED FULFILLMENT

User and Service Provider Responsibilities

• Transaction Responsibility: Users are responsible for all aspects of the transactions in which they choose to participate. This includes the exchange and performance of services. SPINFIXX is not responsible for any non-performance or breach of any contract between Users and Service Providers.

• Service Guarantee: SPINFIXX Provides 90days service guarantee that any Service Provider will perform any transaction concluded on this platform.
• Dispute Resolution: SPINFIXX will not mediate or resolve any disputes or disagreements between Users and Service Providers.
• Legal Compliance: Both Users and Service Providers must research and comply with applicable laws, regulations, or restrictions on items, services, or the manner of sale or exchange.
• Taxes and Costs: Service Providers and Users are responsible for all applicable taxes and costs incurred by participating in the local service need fulfillment platform.

• Fraudulent Activity: Users must not use or manipulate the service for fraudulent activities or purposes. Items or services offered must comply with applicable laws.

• Third-Party Services: SPINFIXX disclaims any responsibility or liability for harm resulting from the use of third-party services. Users waive any claims against SPINFIXX related to third-party services.

• Intellectual Property: Using SPINFIXX services does not grant ownership of any intellectual property rights in the services or content accessed. These terms do not grant the right to use any branding or logos used in the services.
• Termination and Legal Action: SPINFIXX reserves the right to terminate accounts or take legal action if a user breaches the Terms of Use.

User Responsibilities

• Indemnification: Users agree to indemnify SPINFIXX, its employees, officers, agents, and directors from any claims, demands, and damages arising from transactions or disputes.

• Content Control: SPINFIXX does not control the information provided by other Users. Users may find other User's information offensive, harmful, inaccurate, or deceptive. Users should use caution and common sense for their own safety.
• Risk of Interaction: There are risks in dealing with underage persons, people acting under false pretenses, international trade, and foreign nationals.

Information and Privacy

• Accuracy of Information: Users confirm that all information provided to the platform, including name, age, and contact details, is accurate. This information can be used and forwarded by the platform to Service Providers.

• Privacy: SPINFIXX’s use of provided information does not violate User privacy or other rights.
• Price Changes: Prices mentioned on the platform are subject to change. Users should check with Service Providers for the final price and any additional charges. Users agree to absolve SPINFIXX from any disputes related to service prices.
• Security and Service Improvement: Users authorize SPINFIXX to take measures for security purposes and to improve the quality of services. Users disclaim their right to prevent or proceed against SPINFIXX in relation to such measures.

12. INDEMNIFICATION
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.

13. Disclaimers and Warranties

Provider Registration and Responsibility

• Provider Entitlement: Any provider of goods or services is entitled to register with SPINFIXX. SPINFIXX does not vet advertisers to determine if they are reputable or quality sellers. You must independently verify all relevant aspects before availing services.

• Engagement Terms: SPINFIXX has not negotiated or discussed any terms of engagement with advertisers. You are responsible for negotiating terms directly with advertisers.

Information Accuracy and Endorsement

• Accuracy and Legitimacy: SPINFIXX does not investigate, represent, or endorse the accuracy, legality, legitimacy, validity, or reliability of any products, services, promotions, or materials, including advice, ratings, and recommendations on the platform.

• Third-Party References: References to any names, marks, products, or services of third parties or hypertext links to third-party sites do not constitute endorsement, sponsorship, or recommendation by SPINFIXX. SPINFIXX is not responsible for the quality of any product or service obtained via advertisements or information on the platform.

• User Discretion: Use of the platform, reliance on any materials, and any use of the Internet is at your sole risk. SPINFIXX disclaims responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability of information displayed on the platform.

Platform Role and Liability

• Connection Role: SPINFIXX acts merely as a platform connecting you with service professionals and is not liable for any obligations not explicitly stated in these terms.
• Service Fulfillment: SPINFIXX is not responsible for booking fulfillment, service partner performance, or any damages caused by service professionals. Using any service professional independently is at your own risk, and you waive any related rights under these terms. SPINFIXX does not guarantee or warrant the reliability, quality, or suitability of service professionals,
• User Responsibility: You accept full responsibility for any consequences arising from using the services and service partners, acknowledging that SPINFIXX is not liable.

Legal Compliance

• Compliance: These terms will not exclude or limit any warranty implied by law that would be unlawful to exclude or limit.

Complaint Management

• Complaint Handling: SPINFIXX will manage complaints on behalf of service professionals reasonably and in line with relevant laws.

Information Use and Risk

• Information Use: The information provided on the services, including the website and mobile apps, is intended for informational purposes on various subjects of interest. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. SPINFIXX will not be liable for any direct, special, indirect, incidental, consequential, or punitive damages or any other damages, whether based on statute, contract, tort (including negligence), or otherwise.

Warranty Disclaimers

• Material and Platform: The material and the platforms used to provide the material (including the website) are provided "as is" and "as available" without warranty of any kind, either express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SPINFIXX disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy, and performance of the platforms and materials. SPINFIXX does not warrant that any defects or errors will be corrected, or that the content is free of viruses or other harmful components.
• Jurisdictional Limitations: Some countries or jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.

14. Miscellaneous Provisions

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with Indian laws, without regard to conflict of laws principles or your actual state or country of residence. You agree to submit to the personal jurisdiction of courts in India. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms. You are responsible for compliance with all applicable laws.

Severability and Waiver

If any provision or portion of these Terms is found to be unenforceable by a court of competent jurisdiction, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between you and SPINFIXX, superseding all prior or contemporaneous understandings or agreements, whether written or oral, regarding the subject matter herein. Any waiver of any provision of these Terms must be in writing and signed by both parties.

Right to Investigate and Remedies

SPINFIXX reserves the right to investigate complaints or violations of these Terms and take appropriate action, including reporting unlawful activity to law enforcement or third parties. We may disclose necessary information related to user profiles, email addresses, usage history, posted materials, IP addresses, and traffic information as deemed necessary.

SPINFIXX also reserves all remedies available at law and equity for violations of these Terms.

Force Majeure

Neither SPINFIXX nor any Distribution Site shall be liable or deemed in breach for any failure or delay in performance resulting from events or conditions beyond their reasonable control, including but not limited to governmental actions, natural disasters, power failures, strikes, terrorism, or transportation interruptions. Your payment obligations remain unaffected during such events.

Arbitration

Any disputes arising from these Terms shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996:

• All proceedings shall be conducted in English.
• Unless the parties agree otherwise, three arbitrators shall be appointed.
• The venue for arbitration shall be in Bangalore, India.

Entire Agreement

These Terms constitute the entire agreement between you and SPINFIXX regarding the subject matter herein, superseding all prior written or oral communications. No modifications to these Terms are valid unless in writing and signed by both parties. SPINFIXX reserves the right to update these Terms, effective upon notice to you or posting on our website, for any Advertising Products ordered thereafter.

Disclaimer

This website (www.SPINFIXX.in) is owned and operated by SPINFIXX Concepts Pvt Ltd. We provide independent repair and home services for various brands. We are not affiliated with, authorized by, or endorsed by any brands. All brand names and trademarks mentioned on this website are the property of their respective owners and are used solely for descriptive purposes.

SPINFIXX Concepts Pvt Ltd reserves the right to add, alter, or delete material from the website at any time. The images used on this website may include free stock images and are not necessarily representative of the company's actual services.

GRIEVANCE OFFICER

If you have any questions about this Policy, how we process or handle your personal data, or otherwise, you may reach out to us, with your queries, grievances, feedback, and comments at contact@spinfixx.com

15. CONTACT INFORMATION

For any questions or concerns about these Terms, or if you need to contact us for any reason, please reach out to us at:

• Email: contact@spinfixx.com
• Address:SPINFIXX Private Limited, #15/4, 1st Floor, 1st Main, 1st Cross Rd,Muniveerappa Layout,Bengaluru 560045, India.

By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, as well as any policies or guidelines referenced herein. Thank you for choosing spinfixx.com