Terms and Conditions
Welcome to Fixed Construction! Thank you for visiting our website.
This document sets out the terms and conditions (“Terms”) on which you (“you” or “User”) may use:
- The Fixed Construction website (“Fixed Construction“, “us” “we” or “our”) website at www.fixedconstruction.co.uk.
- The Fixed Construction application, for the purposes of these Terms, both the website and the application shall be referred to as the “App”.
The App facilitates the Donation, Collection, Exchange, Sale and Purchase of Jobs and/or Items through the App. Please read these terms and conditions carefully prior to using the App. By using the App you are implicitly agreeing to the terms and conditions listed herein and you agree to be bound by these same terms and conditions. Please visit this website regularly as we may change these terms and conditions at any point without specifically alerting you to any of the changes made. Each time you visit the App, you agree that you are in agreement to be bound by latest terms and conditions listed herein. You are advised to print and retain a copy of these Terms for your future reference.
For the purposes of these Terms and Conditions:
- “Buyer” means the recipient of an Item or Items offered for Sale, Donated or Exchanged.
- “Jobs” means jobs or job postings, or job offers.
- “Items” means jobs posting items.
- “App” means the Fixed Construction website or mobile application.
- “Purchase” means requesting to buy for payment or any other form of transfer/exchange, whether free of charge or not.
- “Sale” means the offering for sale, a sale, any form of transfer or exchange, whether free of charge or not, distribution and any other form of transfer or exchange.
- “Seller” a person who offers an Item or Items for Sale.
The App is owned and operated by Fixed Construction (Co. Reg. No. 14349487) (a company incorporated and existing under the laws of UK. We may be contacted via email at firstname.lastname@example.org
Eligibility for using the App
You must be over eighteen (18) years of age in order to use the App. If you are under eighteen (18) years of age, please consult a parent or guardian before proceeding. Only with the approval of a parent or guardian may you proceed to use the App. In using the App, you acknowledge that a parent or guardian above the age of eighteen (18) has given you permission to use the App.
As a user, you also warrant that the information provided by you to Fixed Construction is true, accurate and correct. You further warrant that you shall promptly notify Fixed Construction in the event of any changes to such information; and that you are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to enter into these Terms for the use of the Services and Sale of Items.
You must not misuse this site by committing any form of criminal offence as described in the computer misuse and cyber security act of UK, like (but not limited to) hacking or distributing a virus on the website. If we detect any such misuse, we will report it to the relevant law enforcement authorities for the appropriate legal action to be taken against the misuser.
These terms and conditions, including any attachments to it constitute the entire understanding between you the user of the App and us and applies to any and all use of the App. These terms and conditions supersede all prior understandings, communications and agreements either oral or written, between the parties and may be changed by us at any time with the updated relevant version being available through this website.
Terms of usage:
- In order to complete a transaction as a Buyer or Seller within the App, you must first complete the registration form and set up an account as a Fixed Construction User (“Account”).
- All registered Users are able to use the App both as a Buyer and a Seller, and are subject to the Terms in relation to Buyer and Seller, as applicable.
- Fixed Construction may give you the opportunity to invite friends by email, SMS, Facebook or WhatsApp to join the App. Fixed Construction is not liable for any communication that you make via such third party applications, websites or other forms of media.
- You shall keep your registration details for the App (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to Fixed Construction, Fixed Construction reserves the right to disable your Login Details and suspend your access to the App in the event that Fixed Construction has any reason to believe you have breached any of the provisions in these Terms.
- Notwithstanding the foregoing, Fixed Construction reserves the right to:
- accept or reject your application to register for any reason; and
- suspend your Account and/or refuse you access to the Services and/or App (partly or wholly) if you breach any of the provisions in these Terms.
- No action or inaction on the part of Fixed Construction to exercise its rights in accordance with vi. above shall be taken as an acceptance of any actions or inactions on your part.
- You agree that you are solely responsible and liable for all activities carried out by your use of the App, including, but not limited to, for the content of any communication made when using or about the App.
- You shall not upload to the App (through your use of the Services), any information, reviews, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether within your personal Profile, when submitting a review in relation to another User or elsewhere on the App that, in Fixed Construction’s reasonable opinion, may be deemed to be offensive, illegal or inappropriate.
- You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the App whether or not the submission of such User Submission is part of the Services. You agree that Fixed Construction may, at its sole discretion, choose to display or to remove any User Submission or any part of the same that you make on the App, and you hereby grant to Fixed Construction a non-exclusive, perpetual, irrevocable, worldwide license to do so.
- You hereby grant to Fixed Construction a non-exclusive, irrevocable licence to make the User Submissions available to other Users of the App.
- If you believe that any User Submission made by another User is inappropriate, please contact Fixed Construction using email@example.com. Fixed Construction shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any at all. If a User Submission is deemed to be in breach of these Terms, Fixed Construction reserves the right at its absolute discretion to suspend a User Account.
- You further agree that at all times, you shall:
- not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the App;
- not infringe any rights of any third parties (including, but not limited to, their intellectual property rights);
- comply with all instructions and policies from Fixed Construction from time to time in respect of the use of the the App;
- co-operate with any reasonable security or other checks or requests for information made by Fixed Construction from time to time; and
- use the information made available to you on the App and through the Services at your own risk.
- In the event that you have a dispute with any other User of the App, you hereby release Fixed Construction from any claims, demands, losses. expenses and damages (whether direct, indirect actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
Disclaimer of liability
The content displayed on the App is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary and to the fullest extent permitted by law, Fixed Construction and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this site, the App or any linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
We reserve the right to make any changes to the App including any functionalities and content therein or to discontinue any aspect of the same without notice to you. Fixed Construction shall be entitled at its own discretion to suspend the App for any reason whatsoever, including, but not limited to, repairs, planned maintenance or upgrades to the App or Platform. We shall not be liable to you for any losses, damages, costs or expenses arising from or in connection with any suspension or unavailability of the App, including, but not limited to, preventing you from using the the App.
Further, you acknowledge and agree that where the App includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not attributed to Fixed Construction nor are they endorsed by Fixed Construction and to the maximum extent permitted by law, Fixed Construction excludes all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
You agree to indemnify, defend, hold harmless Fixed Construction, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of any product procured on this site or any use of this site or the App.
Force majeure and circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a contract or obligation attributable to any cause beyond our reasonable control, including without limitation:
- strikes, lock-outs or other industrial action
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks
- the acts, decrees, legislation, regulations or restrictions of any government, shipping, postal or other relevant transport strike, failure or accidents.
In the circumstance that the force majeure event lasts for more than one week, either you or we may terminate the contract forthwith by written notice and without any liability.
We reserve absolute discretion on the solution we adopt in fully meeting our obligations under the contract despite the force majeure event.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted on-line. However, continued use of the site or the App will be deemed to constitute acceptance of the new terms and conditions.
Copyrights and Trademarks
- All content included in or made available through our site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, campaign titles and data compilations is the property of Fixed Construction or its content suppliers and is protected by copyright laws and treaties around the world. All such rights are reserved by Fixed Construction and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website or the App, nor may you use any such content in connection with any business or commercial enterprise.
- In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the site are trademarks of Fixed Construction in UK and other countries. Our trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the site are the property of their respective owners. 3.You must not use any part of the content on our site for commercial purposes without obtaining a license to do so from us or our licensors. In the event that we become aware of any infringement of our intellectual property rights, we shall not refrain from taking any relevant legal action.
No failure or delay by us or you in exercising any right under these terms and conditions or a contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these terms and conditions or a contract.
If any clause in these terms and conditions or a contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or un-enforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these terms and conditions or a contract shall be capable of continuing in effect without the unenforceable term.
You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these terms and conditions or a contract or all or any of your rights or obligations under these terms and conditions or a contract.
Nothing in these terms and conditions or a contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
Third party rights
No person who is not a party to these terms and conditions or a contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms and conditions or that contract its assent to any such term.
These terms and conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with UK law. Both we and you hereby submit to the non-exclusive jurisdiction of the UK courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.