FIXVI INC.
TERMS OF SERVICE

Last Updated: November 8, 2023

Please note:

1. These Terms of Service contain (i) a limitation of liability that may limit the amount of damages to which you are entitled; and (ii) indemnities with respect to Losses that Fixvi Inc. may suffer in connection with your use of the Services.

2. When a Customer purchases a Fix, they are entering into a contract directly with the Fixer who provides the Fix. When a Fixer sells a Fix, they are entering into a contract directly with the Customer who purchases the Fix.

3. Fixvi Inc. is not responsible for any of the goods or services (including Fixes) that you purchase from the Services that are provided by third party service providers (including Fixers).

4. The Services are not intended for individuals under the age of majority in your jurisdiction, and in no event are the Services intended for individuals under 18 years of age. If you are under the age of majority in your jurisdiction or, in any event, under 18 years of age, then you may not use the Services.

5. Each time you use the Services, you consent to the collection, use and disclosure of personal information by Fixvi Inc. in accordance with our Privacy Policy, as amended from time to time.

6. Fixers are obligated to have appropriate insurance, to comply with all applicable laws, and to have required permits and licences based on the nature of the Fix. See Section 14 of these Terms of Service for additional details.

7. If a Fixer Quote is accepted by the Customer, that the Fixer will generally be held to their original Fixer Quote to complete a Fix, with exceptions as outlined in these TOS. The Fixer Fee (that the Fixer charges the Customer to complete the fix will include all of the Fixer’s estimated travel, labour, supply and material costs required to complete the Fix, unless: 1) the additional features of the Fix were not reasonably inferable by a skilled Fixer from the Customer’s post describing the Fix (and any additional job information provided, where available), or 2) the Fixer clearly excluded aspects of the Fix (e.g. supplies, etc.) from its Fixer Quote that it provided to the Customer.

8. Section 39 of these TOS contains an arbitration clause, class action waiver and waiver of jury trial. By accepting these Terms of Service, you agree to be bound by such provisions.

PLEASE READ THIS FULL AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES, INCLUDING BUT NOT LIMITED TO CERTAIN LIMITATIONS, EXCLUSIONS AND INDEMNITIES.

1. ACCEPTANCE OF TERMS

The following Terms of Service (“TOS”) govern your access or use of the applications (collectively, the “App”), websites (including https://www.fixvi.com; https://fixvi.com; https://app.fixvi.com) (collectively, the “Website”), and the content, information and services provided through the Website or the App or other software provided by Fixvi Inc. (d/b/a Fixvi) or its subsidiaries (collectively, the “Services” or the “FIXVI Services”; FIXVI and its subsidiaries, collectively, “FIXVI”, “we”, or “us”). We may update these TOS from time to time without notice to you. In addition, when using FIXVI’s Services, including receiving or offering a “Fix” (a skill offered by one party to another party through the FIXVI Services), you will be subject to any guidelines or rules applicable to such Services that FIXVI may post from time to time. All such guidelines or rules are deemed to be part of these TOS. These TOS are in addition to, and not in lieu of, any guidelines, rules, policies or other terms applicable to such Services that FIXVI may post.

We refer to any person who offers or performs a Fix through the Services in these TOS as a “Fixer” and any person who signs up to, seeks or obtains a Fix through the Services as a “Customer”. Pursuant to these TOS, you are either a Customer or a Fixer, and in some cases you may be both.

Supplemental terms may apply to certain Services, such as policies for a promotion. Such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these TOS for the purposes of the applicable Services. Supplemental terms shall prevail over these TOS in the event of a conflict with respect to the applicable Services.

By accessing or using the Services, you signify that you have read, understand and agree to be bound by these TOS in all respects with respect to the App, the Website, our Services and your use of them.

If you are using our Services as a representative (a “Representative”) acting on behalf of a business, company or other legal entity (in such event, for the purposes of these TOS, “you” and “your” will refer to apply to that business, company or other legal entity), then:

This policy applies only to information we collect in the Platform and in email, text and other electronic communications sent through or in connection with the Platform.

This policy DOES NOT apply to information that:

2. DESCRIPTION OF THE SERVICES

FIXVI provides the Services so that customers can find contractors, or other handy or skilled trades people, to fix, maintain and/or improve customers’ properties or items located on their properties (referred to as a “Fix” or “Fixes”), and so that contractors, or other handy or skilled people (each referred to as “Fixer”) can find customers who are looking for their help. Unless FIXVI states otherwise, any new features, programs and services that augment or enhance the Services will be subject to these TOS. You agree that the Services are provided “AS-IS” and that FIXVI assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any data, user communications, or personalization settings or their quality or accuracy.

AS A CUSTOMER, YOU ACKNOWLEDGE THAT FIXES ARE PROVIDED BY THIRD PARTY SERVICE PROVIDERS WHO ARE NOT EMPLOYED BY FIXVI OR ANY OF ITS AFFILIATES.

AS A FIXER, YOU ACKNOWLEDGE THAT YOU ARE A THIRD PARTY SERVICE PROVIDER, AND YOU ARE NOT EMPLOYED BY FIXVI OR ANY OF ITS AFFILIATES.

Fixers agree that Fixes may involve attending the premises of customers. As a Fixer, you agree that FIXVI does not pre-screen the safety of the customer premises on which Fixes are performed, and that FIXVI does not assume any responsibility for the safety of such premises or any interactions that you may have with customers or others at the premises (whether prior to performing a Fix, while performing a Fix or after performing a Fix). FIXVI is not responsible for any injuries (including death) or damage to property (whether yours or otherwise) in connection with the Fix, whether such injuries (including death) or damage are caused by customers or otherwise and whether or not related to COVID-19.

FIXVI is not responsible for any of the goods or services that you purchase from the Services that are provided by third party service providers, including a Fix or Fixes (the services offered by contractors, or handy or skilled trades people, to customers through FIXVI’s Services). You agree that FIXVI has a commercial relationship with each such person who offers a Fix through the Services (each a Fixer) and that service providers may be able to have their products or services listed more prominently or be featured in exchange for compensation to FIXVI. You agree that FIXVI does NOT assume responsibility for any products, content, services, websites, advertisements, offers, or information that are provided by third parties and made available through the Services, including, for certainty, the Fixes made available through the FIXVI Services by Fixers.

When a customer purchases a Fix, the Customer and Fixer are entering into a legally binding contract directly between the Customer who purchases the Fix and the Fixer who offers and performs the Fix. FIXVI is not and does not become a party to or other participant in any contractual relationship between Customers and Fixers. Any contractual terms proposed and accepted between the Customer and Fixer shall not conflict with the terms of these TOS, and do not expand or restrict FIXVI’s rights or obligations under these TOS. Under no circumstance will a contract or agreement between the Customer and Fixer create an employment relationship between FIXVI and the Fixer, nor will it create any employment relationship between FIXVI and the Customer. Neither the Customer nor Fixer have the authority to enter into contracts on behalf of FIXVI, whether written or oral, and whether implied or express.

FIXVI does not act as an agent in any capacity for a Fixer, except as follows. FIXVI is a limited agent for Fixers with the authority to offer a Fixer’s services for sale at the price shown through the Services. FIXVI has the authority to accept or decline a Customer’s request to purchase such services on behalf of a Fixer and collect payment as a limited payment collection agent for a purchase on behalf of the Fixer. FIXVI also has the authority to provide certain discounts and promotional offers in connection with Fixes offered through the Services. FIXVI is not responsible for the quality, character or safety of any products or services (including Fixes) available through the Services. Nor is FIXVI responsible for any interactions, acts or omissions between the Fixer and any customer that occur outside of the Website and the App. These aspects are the sole responsibility of Fixers. FIXVI’s Services provides a platform that connects customers to Fixers. FIXVI does not provide or perform any Fixes.

FIXVI does not control or direct the Fixers’ performance of their Fixes or set their work locations or work hours. Fixers provide services under their own name or their own business name, and not under FIXVI’s name. Fixers are free to bid on, choose not to bid on, accept or reject Customers’ Fixes.

FIXVI does not provide, or verify the quality or fitness of, any tools, supplies or materials required for or to facilitate a Fix. The tools, supplies or materials to be applied to a Fix, their quality and fitness for the Fix, and whether such materials are to be provided by the Customer or the Fixer, are to be determined and agreed to by the Customer and the Fixer. FIXVI assumes no responsibility regarding tools, supplies, equipment or materials related to or applied to a Fix, including but not limited to, any damage done to the tools, supplies, equipment or materials during a Fix, or any damage or injury (including death) that those items cause to a Fixer or Customer, or their property, during or in relation to a Fix due to their malfunction, inappropriate use or otherwise.

You may not access the Services from provinces, territories or jurisdictions where the FIXVI Services or any content or functionality of the FIXVI Services are prohibited.

3. INDEMNITY; DAMAGE CLAIMS

You agree to indemnify and hold FIXVI, including its subsidiaries and affiliates, and each of their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) harmless from any and all losses, costs (including reasonable legal fees), obligations, liabilities, awards, judgements, fines, penalties, damages or other charges (collectively, “Losses”) with respect to any claim, action, proceeding, demand, lawsuit, cause of action or investigation of any nature whether at law or equity (collectively, “Claims”) arising from or related to your use of the FIXVI Services (including the receipt or provision of a Fix), your negligence or wilful misconduct, the safety of the premises at which a Fixer is hired to perform a Fix, or your violation of any rights of another person.

You also agree to indemnify and hold the Indemnified Parties harmless for any Losses arising from or related to your violation of these TOS. The foregoing shall apply to direct Claims.

If a Fixer or Customer (or someone else located at the Customer’s premises where a Fix is performed) claims and provides evidence that you have damaged their property or caused damage or injury to any person or property in connection with a Fix, you acknowledge that that such person may have a claim against you for Losses (a “Damage Claim”).

Customers are responsible for their own acts or omissions, as well as any individuals who interact with the Fixer or are at their property at the time a Fix is conducted. Customers are responsible for ensuring that the premises at which a Fix is being conducted are safe.

Fixers are responsible for their own acts or omissions, as well as any individuals who you invite to attend the Fix, including your employees, contractors and agents. Fixers agree to cooperate and assist FIXVI in good faith and to provide FIXVI with such information and to take such action as may be reasonably be requested by FIXVI in connection with any Damage Claim or such other complaints or claims made by a third party in connection with a Fix for which you were registered.

4. INDEPENDENT CONTRACTORS; NO AGENCY OR EMPLOYMENT

You acknowledge and agree that no agency, employer-employee, franchisor-franchisee, joint venture or partnership relationship exists between you, as a Customer or Fixer, and FIXVI as result of your use or access to the FIXVI Services, or these TOS. We do not have the authority to act on your behalf, and you do not have the authority to act on our behalf. Neither we nor you will represent to any third party that there is authority to act on one another’s behalf.

FIXVI does not perform Fixes and does not employ Fixers, or any other individual, to perform Fixes. FIXVI connects people or companies seeking services to individuals or companies that are interested in providing services. FIXVI is an online marketplace that connects Customers with Fixers to provide services (e.g. a Fix). The FIXVI Services provides access to a technology platform (and any related content) that is offered by FIXVI. Among other things, the FIXVI Services will: (i) facilitate the connection between Customer and independent third-party providers, including independent third party Fixers, for the purchase of services or services from such third-party providers, and (ii) enable you to receive any related content or services, including payment processing and user support. Unless otherwise agreed by FIXVI in a separate written agreement with Customers, the Services are made available solely for Customers’ personal, non-commercial use.

You acknowledge and agree that FIXVI is not obligated to scope, supervise, direct or control Fixer’s Fixes that they perform through the FIXVI Services. FIXVI expressly disclaims (to the extent permitted by law), and as outlined in these TOS, any responsibility and liability for the Fixes performed by Fixers.

5. YOUR REGISTRATION OBLIGATIONS; ACCURACY OF INFORMATION; PERMITTED USERS

We reserve the right to decline to provide the FIXVI Services to any person who breaches these TOS.

In consideration of your use of the FIXVI Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the online registration form when you sign up for the Services or register as a Customer to attend a Fix or as a Fixer to provide a Fix (the “Registration Data”) or with respect to any payment information requested; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, materially inaccurate or incomplete, or if you do not keep it current, or if FIXVI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FIXVI has the right to suspend or terminate your account and your Subscription and refuse your access to or use of the FIXVI Services.

You agree to use your real individual name or business name in association with the FIXVI Services. You agree not to operate under a fake name or the name of another individual or entity which is not your own and/or to which you have no legal right or association. Although there may be a limited number of legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination if such accounts are not created in good faith, or are created for an abusive or improper purpose.

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the FIXVI Services and all charges related thereto. We are not liable for any damages to your equipment resulting from the use of the Services.

The FIXVI Services are not intended for individuals under the age of majority in your jurisdiction, and in any event, are not intended for individuals under 18 years of age. You hereby affirm that you are over the age of 18 and are over the age of majority in your jurisdiction. If you are under 18 years of age or under the age of majority, then you may not use the Services.

6. ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur when your password or account are used. You agree to: (a) immediately notify FIXVI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out and exit from your account at the end of each session. FIXVI will not be liable for any loss or damage arising from your failure to comply with these TOS.

When interacting with others on the Website, App or otherwise in association with the FIXVI Services, you should exercise caution and common sense to protect your personal safety, data and property, just as you would when interacting with other persons whom you do not know. FIXVI will not be liable for any false or misleading statements made by others using the Services.

7. PRIVACY

Registration Data and personal information about you are subject to our Privacy Policy, the terms of which are incorporated by reference. Each time you use our Services, you consent to the collection, use and disclosure of personal information by FIXVI in accordance with our Privacy Policy, as amended from time to time. Our Privacy Policy is available at https://fixvi.com/privacy-policy.

Users of the FIXVI Services agree to comply with all applicable privacy laws in their use of the FIXVI Services and in connection with any personal information they may receive through or in association with the Services.

8. USE OF THE APP

If you download the App from a distribution platform or app store other than through the Website (each an “App Provider”), including through a platform operated by Google or Apple, then you acknowledge and agree that: (i) these TOS are between FIXVI and you, and not the App Provider; (ii) you must comply with the App Provider’s applicable terms and conditions; (iii) the App Provider is not responsible for any claims you have with respect to your use of the App, including any product liability claims, and the App Provider has no warranty obligation with respect to the App or obligation for any maintenance or support services with respect to the App; (iv) the App Provider is a third party beneficiary of these TOS and has the right to enforce these TOS against you as a third party beneficiary thereof; and (v) you will comply with all third party terms and conditions when using the App, including those of your data service provider.

You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported: (a) into any U.S.-embargoed countries, or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List (or otherwise designated by the U.S. Government as a “terrorist supporting” country). By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile or chemical or biological weapons.

You acknowledge that in the event of any third party claim that the App, or your possession and use of the App, infringes that third party’s intellectual property rights, the App Provider shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the FIXVI Services. The App (including any updates or upgrades) may: 1) cause your device to automatically communicate with FIXVI’s servers to deliver the App functionality and to record usage metrics, and 2) affect App-related preferences or data stored on your device, and 3) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.

9. PROHIBITIED USES

Courtesy, trust and fairness are important to FIXVI and our Services. You agree to not use the FIXVI Services to:

Solicit or offer services that are not related to or appropriate to be solicited or offered in connection with or through the FIXVI Services, including but not limited to: 1) Fixes that fall into unsupported or not yet supported service categories, 2) referrals, 3) financing, 4) rentals, 5) event or trade show promotions, or 6) Fixes or other services to be performed outside of Canada, as FIXVI does not currently operate outside of Canada.

10. USER CONTENT

As a user of the FIXVI Services, you agree to not upload, post, publish, transmit, share, disseminate or distribute the following content listed below in association with the FIXVI Services, including to the Website or the App, including content that is created and generated by you or any another person (or entity) other than FIXVI (“User Content”). User Content may include, but is not limited to, videos, audio, music (whether or not captured inadvertently in the background of video or audio content), photos, static images, moving images, text, designs, profiles, messages, information (such as location data and registration information), notes, comments, ratings and software. User Content that you provide to the FIXVI Services must not consist of or include:

It is important to FIXVI to provide a welcoming and safe platform for everyone using it. Although minors are prohibited from using the FIXVI Services, you agree that any User Content that you contribute to the Website or App would be appropriate to be viewed by a person of any age. You agree that explicit nudity, adult content, foul language, or any other content that FIXVI, in its sole discretion, deems inappropriate, is strictly prohibited from being contributed or uploaded to the Website or App. You acknowledge and agree that the sole decision of whether User Content is acceptable for the FIXVI Services belongs to FIXVI.

You acknowledge and agree that you are solely responsible for all of your User Content. You must evaluate, and bear all the risks associated with, the use and disclosure of any of your User Content in association with the FIXVI Services, including but not limited to any liability that you may incur. You are responsible for the accuracy, integrity, completeness, appropriateness, legality and usefulness of such content. You represent and warrant that you have all rights, including all legal title, interest and rights, necessary for the User Content submitted or contributed by you to be used and disclosed by you, FIXVI and others in accordance with these TOS. You represent and warrant that your User Content does not infringe upon the rights of any third party, including but not limited to privacy rights, contractual rights, fiduciary rights and intellectual property rights (including copyright, trademark, patent, industrial design, trade secret and other intellectual property rights). Your further represent and warrant that the User Content that you submit or contribute will not cause injury to any person or entity.

You represent and warrant that each person identified, depicted, or shown in your User Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content consistent with these TOS. You are also solely responsible for ensuring that no sensitive or personal information of you or others is included in your User Content (for example, a SIN card number that might be captured by your video describing a Fix). You accept and acknowledge that all information captured by your user videos could become public information, and you must not upload a video containing information that you do not wish to become public, or that would be unlawful or inappropriate to publicize (such as by infringement of a third party’s rights or privacy). In providing User Content, you must comply with all applicable laws regarding online conduct and acceptable content.

You represent and warrant that you will indemnify and hold FIXVI harmless for all claims resulting from User Content submitted or contributed by you. You agree to indemnify and hold FIXVI harmless from any claims, losses, damages or expenses incurred by FIXVI in respect of any third party claims that your User Content infringes on or otherwise violates any other person or entity’s rights. We take no responsibility and assume no liability for any User Content posted by you or any third party.

As a condition of submitting or contributing any User Content to the FIXVI Services, the Website or the App, you grant to FIXVI a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, unrestricted, transferable, and fully sublicensable license to use, produce, reproduce, copy, adapt, modify, merge, perform, translate, distribute, communicate, publish, publicly display, create derivative works from, and incorporate into other works, User Content that you submit or contribute to the FIXVI Services, the Website or the App, except that this grant by you is limited to the extent required for FIXVI to promote, advertise, offer and/or provide the FIXVI Services. This license survives any termination of your FIXVI account or your cessation of activity on the Website or the App. You also waive any moral rights vis-à-vis FIXVI’s use and disclosure of the User Content that you hold in the User Content, to the extent required for FIXVI to promote, advertise, offer and provide the FIXVI Services. You grant us and our sublicencees the right to use the name that you submit in connection with such content, if we or our sublicencees choose to do so. You acknowledge and agree that FIXVI will not owe any financial or other remuneration for using any User Content. We do not claim ownership over any User Content.

We have the right, but not the obligation, to review, monitor, edit and/or remove any activity or User Content. FIXVI does not undertake to review videos describing Fixes that are uploaded or submitted to the Website or App in association with the FIXVI Services. It would be very onerous to review all videos. FIXVI reserves the right (but has no obligation) to review User Content and, without notice: 1) remove content FIXVI deems objectionable from the platform or that contravenes these TOS, whether such action is prompted by a user’s complaint or FIXVI’s own volition, and/or 2) cancel or suspend the account which made the objectionable User Content available to the FIXVI Services.

You agree and acknowledge that FIXVI reserves the right to refuse, in its sole discretion, to use, display or transmit any User Content in association with the FIXVI Services.

You acknowledge that we may establish policies, and limits concerning User Content, including but not limited to, how long User Content will be retained on the FIXIVI Service, the maximum amount of User Content contributed to the FIXVI Services, in aggregate or as provided by an individual user, and the maximum size or length of any User Content. As a non-limiting example, FIXVI reserves the right to limit the length of Customers’ videos posted to the FIXVI Services to describe a Fix. You agree that we have no liability for the deletion or failure to store any User Content on or in association with the FIXVI Services.

You agree and acknowledge that FIXVI acts as a passive conduit and an interactive digital service provider for the use and disclosure of User Content, whether posted by Customers or Fixers, and whether or not one is responding to the other.

You understand that all submissions made to public portions of the Website and App will be made public and that you will be publicly identified by your user information when communicating in a public forum. FIXVI will not be responsible for the action of any users of the FIXVI Services with respect to any information or materials posted in public parts of the Website and App. We recommend that, for your safety, you do not share your personal contact information with other users of the FIXVI Services.

11. THIRD PARTY SITES AND CONTENT

The FIXVI Services may include (or you may be presented with through the FIXVI Services, Website or App) links to third parties’ websites and third parties’ content that belongs to or is generated by third parties other than FIXVI or the users of FIXVI’s Services (collectively “Third Party Sites and Content”). As non-limiting examples, the FIXVI Services may use third party services for payment processing (Stripe, Inc.) and Fixer background checks (Triton Inc.).

When you leave the FIXVI Services and access Third Party Sites and Content, you do so at your own risk. You acknowledge and agree that these TOS and our other terms and policies do not govern your use of and interactions with the Third Party Sites and Content. FIXVI expressly disclaims any liability arising from your use of any Third Party Sites or Content, even if it is accessed through the FIXVI Services. FIXVI is not involved in the creation of Third Party Sites and Content; nor is FIXVI not responsible for any Third Party Sites and Content accessed or available through the FIXVI Services, including without limitation, the legality, availability, accuracy, appropriateness, completeness, safety, functioning, offensiveness, opinions, reliability or policies of the Third Party Sites and Content. FIXVI does not review or monitor Third Party Sites and Content. We have no obligation to check Third Party Sites and Content; however, FIXVI reserves the right to remove Third Party Sites and Content (whether it be links or direct content) from the FIXVI Services, in FIXVI’s sole discretion.

Any reference by FIXVI to the products, services, company name, trademark or other aspect of a third party’s business does not constitute any endorsement or affiliation by or with FIXVI of that third party, its content or its operations. Our including or linking to Third Party Sites and Content does not mean that it functions properly or that FIXVI approves or endorses it. FIXVI does not adopt and is not responsible or liable for references, representations, warranties, endorsements, reviews, comments, complaints, recommendations or sponsorships of certain Customers or Fixers that are provided in Third Party Sites or Content.

We encourage you to review the applicable terms and conditions and policies of any Third Party Sites and Content that you link to from the FIXVI Services.

12. FIXER SKILLS AND CREDENTIALS

Any reference in association with the FIXVI Services to a Fixer having certain characteristics, including but not limited to being licensed, vetted, credentialed, badged, reliable, skilled, excellent or similar laudatory language (where applicable) indicates only that the Fixer has completed the relevant registration process and not that FIXVI endorses, certifies or guarantees any Fixer or their identity, trustworthiness, suitability or ability to provide each particular Fix. Any such language is not an endorsement, certification or guarantee by FIXVI of a Fixer’s attributes, including their skills, schooling, training, qualifications, professional accreditations, registrations, bonded status, workmanship, certifications, licenses, workplace safety and insurance coverage [e.g. Workplace Safety and Insurance Board (WSIB) status in Ontario], insurance, trustworthiness or competence. FIXVI does not warranty any such attributes or characteristics of any Fixer. When interacting with Fixers or other third parties on the Website or App, you should exercise due diligence, caution and common sense to protect your personal safety and property.

For greater certainty, Fixers agree and acknowledge that it is their responsibility to ensure that they have complied with their Workplace Safety and Insurance Board (WSIB) registration and coverage requirements (or other equivalent workplace registration and coverage requirements in the applicable province or jurisdiction) (“Workplace Coverage”). Fixers acknowledge and agree that they will either: 1) register for and maintain in good standing any compulsory Workplace Coverage required to perform Fixes, or 2) qualify for an exemption from such compulsory Workplace Coverage.

In the event that a Fixer does not have Workplace Coverage and is relying on an exemption to Workplace Coverage, it is the Fixer’s sole responsibility to make inquiries to ensure, to their sole satisfaction, that the Fix does not disqualify the Fixer from their Workplace Coverage exemption. If it does, then the Fixer shall obtain adequate (and at a minimum the compulsory) Workplace Coverage before performing that Fix, or refrain from performing that particular Fix.

As a non-limiting example, if the Fix is to be performed in Ontario, a Fixer who does not have WSIB registration and coverage acknowledges and agrees that they should at least confirm, to their sole satisfaction, the following before completing the Fix without Workplace Coverage, namely, 1) that no non-owner employee of the Fixer’s company will be completing the Fix, 2) that the Fix is to be performed at a “Private Residential Site” (as defined below) and 3) the Customer requesting the Fix Request on the FIXVI Services is an “Exempting Customer” (as defined below).

A “Private Residential Site” includes private residences used as a primary residence, a seasonal residence and/or for recreational purposes, but excludes properties to be used exclusively for non-commercial purposes. A Private Residential Site includes structures that are normally incidental or subordinate to the private residence, and structures that are situated on the same site as the private residence.

An “Exempting Customer” is defined herein as: 1) a person who occupies or will occupy the Private Residential Site that is the Fix site (a “Resident”), or 2) a member of the Resident’s family, including one of the Resident’s (i) spouse, (ii) child or grandchild, (iii) parent, grandparent, father-in-law or mother in-law, or (iv) sibling, or (v) anyone whose relationship to the Resident is a “step” relationship mentioned in (ii)-(iv).

Customers acknowledge that Workplace Coverage is not compulsory for all Fixers, such as in circumstances in which company employees are not contributing to a Fix. In the event that an occurrence happens at Fix site (e.g. a Customer’s home or property), including Fixers without Workplace Coverage, FIXVI shall have no liability or obligations with respect to such occurrences that would or may have otherwise been covered by Workplace Coverage, including but not limited to, a Fixer injury that occurred at a Fix site.

Customers acknowledge and agree that you will use and rely on your personal judgement and independent research to determine whether you would like to select a particular Fixer and their bid to complete a Fix for you. You are solely responsible for determining the suitability of a Fixer to perform a Fix.

13. FIXER VERIFICATION AND BACKGROUND CHECKS

Although FIXVI is not obligated to do so, FIXVI may make reasonable efforts to confirm that a Fixer: 1) has a provided a valid personal identity, 2) does not have a personal criminal record, and 3) does not have pending criminal charges against her/him, before a Fixer is permitted to bid on or perform Fixes through the FIXVI Services. FIXVI reserves its rights to decide, in its sole discretion, to refuse to permit a Fixer to use the FIXVI Services based on the results of identity verification and criminal background checks, with or without notice to the Fixer. FIXVI may make these reasonable inquiries regarding personal verification and criminal background checks through the third party services of Triton, Inc. based on the records of governmental authorities such as, for example, the Royal Canadian Mounted Police (RCMP) or the Canadian courts. Although FIXVI may perform verification and background checks, FIXVI cannot guarantee that each Fixer is who they claim to be and has no criminal or court record, and we cannot and do not assume any responsibility for the accuracy, appropriateness, completeness or reliability of such verifications and checks. These verifications and checks may be conducted in association with Third Party Sites and Content, in which case all of the provisions of Section 11 of these TOS fully apply to such verifications and checks.

As a Fixer, you agree and consent to our use of your personal information, such as your full name, date of birth, etc., to obtain verification and background reports from third party services providers, such as Triton, Inc.

Although FIXVI reserves the right to modify its policy regarding Fixer criminal checks, FIXVI’s current policy is that all Fixers who will attend a Fix must receive a “clear” criminal check through the services of the third party Triton, Inc. (to become a “Checked Fixer”) prior to attending any Fix. If you are using the FIXVI Services as a Representative acting on behalf of a business, company or other legal entity that is not an individual person (collectively a “Company”), you acknowledge and agree that: 1) you will provide FIXVI with all of the name(s) of the Fixers who plan to attend any Fixes on behalf the company, and 2) you will not permit anyone associated with your Company to attend any Fix unless and until they have become a Checked Fixer. In the event that you would like to dispatch new Fixers to Fixes, you agree that you will inform Fixvi of the identity of such Fixers, and confirm that they have become a Checked Fixer, before dispatching them to any Fix. As a Representative of a Company, you agree that you will obtain the consent of each Fixer associated with your Company to run a criminal check on them in advance of requesting such criminal check(s).

FIXVI reserves the right to charge a Fixer a fee in association with the costs incurred by FIXVI in obtaining or conducting any verification or background check on that Fixer, except that, the Fixer will only be responsible for paying such expense in the event that FIXVI or Triton informs the Fixer of the estimated cost and receives the Fixer’s acceptance to pay that estimated cost. As non-limiting examples, FIXVI may request verification and background check payment from all Fixers, Fixers associated with a company or Fixers who have lived outside of Canada within the five-year period preceding the check.

Fixvi reserves the right to monitor a Fixer’s criminal or court record or background during their use of the FIXVI Services, including after registering a Fixer account, although FIXVI is not obligated to do so. Fixer’s agree to immediately disclose to us in writing any criminal convictions or relevant judgements (other than minor municipal infractions such as parking or speeding tickets) that arise during your use of the FIXVI Services. Such disclosure or failure to disclose may affect a Fixer’s ability to continue to bid on and perform Fixes through the FIXVI Services, as will be decided in FIXVI’s sole discretion.

BY CONDUCTING SUCH BACKGROUND CHECKS, FIXVI DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER SECTION 35 (WARRANTY DISCLAIMER) AND SECTION 36 (LIMITATION OF LIABILITY) OF THESE TOS.

14. FIXER OBLIGATIONS FOR FIXES

Unless otherwise agreed between the Customer and the Fixer for a particular Fix, Fixer’s are responsible for acquiring and contributing all equipment, including supplies, tools, machinery, vehicles and other materials (“Equipment”), necessary to perform a Fix. For greater certainty, a Fixer and Customer may in some cases agree that the Customer will supply the Fixer with the supplies or materials required to perform a particular Fix (e.g. paint, painting tape, nails, etc.) as agreed between the Customer and Fixer, but the Customer will not provide the Fixer with any tools, machinery, or vehicles required to perform the Fix. In any event, Fixers are solely responsible for ensuring that the Equipment used in their Fix is in good working order and conforms to all laws pertaining to safety, equipment, inspection and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment that you contribute to a Fix, whether you are a Customer or Fixer.

Fixer’s are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to their Fix, (ii) obtaining any required licences, permits or registrations prior to providing their Fix; and (iii) ensuring that their Fix (and the listing of their Fix on the FIXVI Services) will not breach any agreement the Fixer may have with any third party. As a Fixer, please note the following:

in jurisdictions with business licensing requirements, failure to register could result in fines, penalties and the disruption of the Fix until proper registration is completed. In certain jurisdictions, you may also need to obtain specific permits and/or licences in order to conduct regulated activities that are part of the Fix. These permits and/or licences may be required by a local licensing department and/or a federal, provincial or municipal licensing department.

When using the FIXVI Services and during a Fix, Fixers agree to: (i) uphold the highest level of customer service and professionalism when communicating with Customers or FIXVI; (ii) provide the services in a competent, professional, safe and reliable manner; and (iii) be responsive, prompt, courteous, friendly and helpful in providing any Fix or in communications with respect to a Fix. As a Fixer, you understand and agree that any unprofessional behaviour or acts will not be tolerated and may lead to your removal or suspension from the FIXVI Services.

It is the Fixer’s decision whether to, and what extent to, warrant the quality of any work provided by the Fixer to the Customer in association with a Fix, including but not limited to, determining the warranty period, if any, following a Fix that a Fixer may choose to offer on materials or workmanship provided in association with the Fix. For greater certainty, and as outlined in Section 25 of these TOS, you may request that FIXVI assist with a dispute that you have with another user in relation to a Fix booked through the FIXVI Services. Fixvi reserves its rights to impose a resolution between users of the FIXVI Services that have a dispute between them; however, you acknowledge and agree that FIXVI is under no obligation to accept a particular dispute request, to assist with, or to impose a resolution for, a dispute that you may have with another user.

As a Fixer, you agree not to perform any Fixes under the influence of alcohol, drugs and/or illegal substances.

Fixers agree to leave Fix sites in safe and reasonably clean condition during the performance, and upon completion, of a Fix.

Fixers agree to make their best and reasonable efforts to arrive at Fixes at the scheduled start time for a Fix. Although FIXVI is not obligated to monitor the start times of Fixers, it reserves its rights to limit or restrict a Fixer’s access or use of the FIXVI Services if the Fixer repeatedly and/or excessively arrives late to Fixes, as determined in our sole discretion.

You, as a Fixer, understand and agree that you may receive personal information about Customers (including their names, addresses and information about things at their property that require fixing) that is protected by privacy laws and is governed by the terms of FIXVI’s Privacy Policy. Fixers agree not to use or disclose personal information of Customers that they receive in connection with the FIXVI Services except to provide the services contemplated by the Fix or to communicate with them through the FIXVI Services prior to or during the Fix. Fixers agree to treat all such information as confidential information and to protect such information from unauthorized access, using safeguards that meet all applicable legal requirements as well as industry standards and security standards.

As a Fixer, you (or your employees, contractors or agents who will be participating in the Fix, as applicable) are qualified to provide the Fixes that you offer, meaning that you (or them, as applicable) hold all requisite skills, training, licensing, certification, education, experience and similar qualifications to provide each Fix with a professional level of care, in addition to any WSIB status or bonded status required to perform the Fix.

Fixers represent and warrant that they maintain, and will maintain at all times that they offer or provide any Fix, insurance with reputable insurance companies in such amounts and covering such risks (including property damage, bodily injury and property loss) that are usually carried by people or companies engaged in the same or similar business, and in any event, Fixers will each have general liability Insurance Coverage covering claim amounts of no less than $CAD 2,000,000 (“Insurance Coverage”). FIXVI is not obligated to, but reserves its right to, modify, limit or restrict a Fixer’s use of or access to the FIXVI Services if the Fixer does not hold insurance in accordance with these TOS. FIXVI reserves the right to modify, change or update, at any time, the Insurance Coverage that Fixers are required to have to use the FIXVI Services. FIXVI will provide you with adequate notice of such Insurance Coverage requirement changes before they become effective.

You agree to provide us with copies of certificates of such insurance in your registration process as well as from time to time at our request. You further agree to notify us immediately of any change in your insurance, including but not limited to changing insurance providers or policies, or soon-to-be expired or expired insurance. It is the Fixers’s sole responsibility to refrain from bidding on or performing any Fixes through the FIXVI Services in the absence of Insurance Coverage. Although Fixer reserves the right to monitor or obtain insurance information from a Fixer, and in its sole discretion restrict the Fixer from the FIXVI Services based on such information, you agree and acknowledge that FIXVI does not have the obligation to do so.

15. FIXER CALENDARS AND AVAILABILITIES

The FIXVI Services will provide Customers with access to Fixers’ calendars or their dates (and/or times) of availabilities in the FIXVI Services so that Customers can: 1) assess a Fixer’s availability when evaluating that Fixer’s Fix bid for selection, and 2) book an available time when the Fixer is to perform the Fix. Fixers acknowledge and agree that by updating dates and times within the FIXVI Services to indicate when they are available and not available to perform Fixes, their availability will become visible to other users on the FIXVI Services. As a Fixer, you consent to such information being shared with other users through the FIXVI Services. As a Fixer, you acknowledge and agree that it is your sole responsibility to keep your calendar (and associated availabilities to perform Fixes) up to date within the FIXVI Services with reasonable diligence, failing which, FIXVI reserves the right to modify, limit or restrict a Fixer’s use of or access to the FIXVI Services in accordance with these TOS.

16. CUSTOMER FIX REQUESTS

The Service allows a Customer to post a request to have a particular Fix bid on by one or more Fixers and completed by the Customer’s selected Fixer.

Each Customer post requesting a Fix is limited to one discrete Fix to be provided by a Fixer or a team of Fixers working together or, alternatively, a bundle of repairs or fixes (also referred to herein as a Fix) that are intended to be bid on as a combined, single project bundle by a Fixer or team of Fixers working together. For greater certainty, when a Customer posts a request for a bundled Fix, Fixers agree not to separately bid on the component parts of such a Fix, but rather bid on the entire Fix.

As a Customer, by posting a Fix for Fixers to bid on, you represent and warrant that you have the right to grant the Fixer access to the property or premises at which the Fix will be performed.

Customers agree that they will not post a Fix request that they knowingly, or should reasonably know, would require a Fixer performing that Fix to take an action or inaction that would violate any applicable law, third party’s rights or safe practice.

Customers are responsible for ensuring, to their sole satisfaction, that their home insurance policy (or policies) adequately covers the Customer against Fix-related risks, including but not limited to, property damage, injury and theft of materials from the Fix site. For greater certainty, Customers are responsible for understanding, adjusting and/or increasing their insurance coverage prior to posting a request for a Fix to the FIXVI Services.

FIXVI will take reasonable efforts, but is under no obligation, to connect you with Fixers who are available to bid on and complete the Fix that you request through the Service, subject to your location, the quality with which you describe the Fix in your post, the nature of the Fix requested, the availability of Fixers willing and able to bid on and complete your Fix, and other conditions beyond our control. We do not guarantee that your Fix will be bid on or accepted within your preferred or specified timeline, or at all.

You agree that you shall not assist the Fixer or otherwise participate in a Fix in any way and that FIXVI shall have no liability to you for any damages or losses, including any personal injury, death or property damage, that may arise from your participation in a Fix.

FIXVI recommends that a Customer be present when a Fix is performed. However, a Customer, in their sole discretion, will determine whether they will be present or not when a Fix is performed. Customers who decide not to be present when a Fix is performed agree that if someone other than them is present when the Fix is performed, they are appointing that person as their agent present for the Fix (the “Present Agent”) and the Fixer may take and follow direction from the Present Agent as if such direction was given from the Customer her or himself. The Present Agent must have the authority to act as the Customer’s agent and to bind that Customer as the principal to all provisions of these TOS. The Present Agent must be the age of majority. The Customer assumes sole and full responsibility for the acts and omissions of Present Agent.

We recommend that Customers discuss with their Fixers any specific hazards, obstacles or impediments at the Fix location (both visible and concealed) that may impact the performance of the Fix or the safety of the Customer or the Fixer. Customers are responsible for making best and reasonable efforts to provide Fixers with safe access to a Fix site.

The Customer may define and scope the Fix through various methods, including: a video of the area(s) in which the Fix is intended to occur or which are related to the Fix, an audio description (which may be overlaid with the Customer’s captured video), pictures and/or text. The Customer shall make objectively reasonable and their best efforts to fairly, accurately and completely, define and scope the job to a degree that a Fixer with the relevant experience to complete such a Fix can readily understand the definition and scope of the Fix, including the quantity and quality of labour and materials required to complete the Fix. As an example, the Customer is expected to, if using a video, capture all relevant spaces and details for the Fix, to an objectively reasonable extent and to the best of their abilities. If the features of a video are not self-explanatory, the Customer is expected to supplement the video with other descriptions of the job, such as with supplemental audio or text descriptions, which may describe measurements and the quality of the materials to be used. Any audio or text descriptions should be clearly worded. When categorizing a Fix, the Customer will make reasonable efforts to provide the relevant category for the Fix.

The Customer is responsible for fairly, accurately and completely defining a Fix. In the event that a Customer fails to do so, the Customer may: 1) receive no Fixer bids for the Fix, 2) be quoted initial bids higher than she/he would have otherwise been charged if the Fix had been more fairly, accurately or completely defined by the Customer due to the uncertainty involved in the Fix, or 3) may be asked by the Fixer to pay an additional charge for the Fix if the features of the Fix were not reasonably inferable by a skilled Fixer from the Customer’s post (and any additional information provided by the Customer) describing the Fix. As one non-limiting example, a leaking pipe behind a wall may not be reasonably inferable from a Customer’s video post showing a drywall hole to be patched when the video showed only the hole in the wall and no signs of the broken pipe, nearby water or water damage. FIXVI will not be liable for any perceived or actual overcharges incurred by a Customer that were caused, wholly or in part, by a Customer’s failure to fairly, accurately and completely define a Fix, regardless of whether the Customer’s failure or omission was unintentional.

17. FIXER BIDS

A Fixer is in no way obligated to bid on any Fix posted by a Customer in association with the FIXVI Services. It is the Fixer’s sole responsibility to ensure that they have sufficient information to provide a fixed-price bid on the Fix, including for all of their estimated travel, labour, Equipment (including supplies, materials and tools) and clean-up required to complete the Fix, unless the Fixer clearly excludes any such items in their bid (the “Fixer Quote”), as outlined in Section 16 of these TOS. In the event that the Fixer has uncertainties regarding any aspects of the Fix, it is their sole responsibility to either refrain from bidding on the Fix or obtain more information from the Customer, if further information is available or obtainable for that particular Fix.

Fixers acknowledge and confirm that they are responsible for exercising their own business and technical judgement in bidding on a Fix and that, depending on how they exercise such business judgement, there is a chance for individual profit or loss on an individual Fix or in the aggregate for Fixes they complete over a period of time. In the event that a Fixer elects to bid on a job, they do so in their sole discretion and at the risk of incurring a loss on a fixed-price bid, subject to the paragraph below.

If a Fixer Quote is accepted by the Customer, that Fixer Quote will become an accepted “Fixer Fee”. The Fixer Quote (and Fixer Fee) will include all of the Fixer’s estimated travel, labour, Equipment (including suppliers, materials and tools) and clean-up cost required to complete the Fix, unless: 1) the additional features of the Fix were not reasonably inferable by a skilled Fixer from the Customer’s post describing the Fix (and any additional job information provided, where available), or 2) the Fixer clearly excluded aspects of the Fix (e.g. supplies such as paint) from its Fixer Quote that it provided to the Customer on the FIXVI Services.

You acknowledge and agree that FIXVI reserves the right to limit Fixes to be posted, bid on or performed through the FIXVI Services to only those having a Fixer Quote (or Fixer Fee) below a maximum dollar amount that FIXVI may establish, in its sole discretion.

You understand that as a Fixer you are a consumer of the Services provided by FIXVI, and are in no way an employee, consultant, joint venture, partner or agent of FIXVI. You are expected to develop, and are personally responsible for developing, your own skills and expertise for Fixes. You are also responsible for applying your own personal and professional judgement in bidding on, scoping, pricing and completing any and all Fixes (including, but not limited to, applying your chosen and appropriate physical methods and material selections related to each Fix).

You understand that using the FIXVI Services does not guarantee that any customer will engage you to book and complete a Fix.

For each Fix that you, as a Fixer, bid on or perform, you are solely responsible for: 1) deciding whether to bid on and perform the Fix, 2) providing or performing each Fix, 2) ensuring that you comply with any and all laws or other rules applicable to the Fix, including but limited to all applicable laws, Court rulings, regulations, ordinances, permit requirements, building codes, consumer protection laws and privacy laws, 3) not violating any third party’s rights, 4) not jeopardizing the operation or security of the FIXVI Services, and 5) not acting in any way that is in violation of these TOS.

18. PAYMENTS AND FEES

There is currently no charge for Fixers’ use of the FIXVI Services, except for any specific situations outlined in these TOS; however, we reserve the right to introduce, charge, or change a service fee or implement charges for features of the FIXVI Services as indicated to Fixers from time to time. Any such fees will be set out in these TOS and/or on the FIXVI Services. Fixers hereby acknowledge and agree that FIXVI may, in its sole discretion, decide to charge a fee to Fixers in connection with Fixes that they offer or perform through the FIXVI Services.

FIXVI charges fees to Customers in consideration for their use of the FIXVI Services (each such fee, a “Service Fee”). The applicable Service Fee that FIXVI charges to Customers for each Fix (plus applicable taxes) will be displayed on the Services prior to you accepting a bid for a Fix on the Services. By accepting a bid for a Fix, the Customer agrees to pay the Service Fee applicable to that Fix (plus applicable taxes) to FIXVI for providing its FIXVI Services. FIXVI may charge a Service Fee on each Fix that varies in relation to the cost that the Fixer charges the Customer to complete the Fix (e.g. charging a Service Fee which is a percentage of the Fixer Fee, including labour and materials).

There is currently no charge for Customers’ use of the platform in the absence of a booked Fix that pertains to you as a Customer. There is currently no Service Fee for Customer’s use of the FIXVI Services, to the extent this includes browsing the Website or App, downloading the App, and/or requesting a Fix. We reserve the right to introduce or charge Service Fees for these or other services, or account or subscriptions services, from time to time, upon notice to you as a Customer.

FIXVI reserves the right to modify, change or update a Service Fee, at any time (such as applying fees to Fixers or adding Customer fees) and FIXVI will provide you with adequate notice of such fee changes before they become effective. Fee changes will not affect any purchases made by you prior to the effective date of a fee change. If you choose to terminate your account, you must do so before the effective date of the fee change because after the effective date, applicable charges will be applied to your account. You are responsible for paying any Service Fees that you owe to FIXVI, including applicable taxes such as sales tax or goods and services tax.

All Service Fees are non-refundable, unless otherwise determined by FIXVI or unless otherwise set out in these TOS or in a refund policy that we may create from time to time and post on the FIXVI Services.

When a Customer requests a Fix on the FIXVI Services, Fixers may choose to, but are not required to, bid on the performance of the Fix. Fixer’s that choose to bid on a Fix will provide a fixed-fee Fixer Quote (as defined in Section 17 of these TOS). By accepting a Fixer’s Quote for a Fix (which at the point of acceptance becomes the accepted Fixer Fee as defined in Section 17 of these TOS), the Customer agrees to pay for all of the following in association with that Fix: 1) the Fixer Fee, 2) the Service Fee, and 3) all applicable taxes for the Fixer Fee and the Service Fee. FIXVI reserves its rights to, in its sole discretion, charge additional fees or different fees or charges to the you in association with a Fix and/or the FIXVI Services.

Users of the FIXVI Services contract for Fixes directly with other users. FIXVI will not be a party to any contracts for Fixes. Payment for the Fixer Fee through the FIXVI Services is made directly from the Customer to the Fixer via the “Payment Service Provider”, which is currently Stripe, Inc. but may change from time to time, and not by FIXVI. FIXVI is not obligated to compensate a Fixer on behalf of a Customer who fails to pay for a Fix. In no event will FIXVI be liable to Fixers for Fixer Fees that are not paid in full.

You will be required to set up an account with the Payment Service Provider, which may require any or all of the following: registration with the Payment Service Provider, agreement with their terms of service and polices, and completion of a verification or background check process at their request. By accepting these TOS, you agree that you have reviewed and agreed to any terms and conditions or policies of the Payment Service Provider, which is currently Stripe, Inc. (“Stripe”).

Stripe’s Payment processing services are subject to, including any other applicable agreements and policies: 1) the Stripe Connected Account Agreement located at https://stripe.com/en-ca/legal/connect-account, 2) the Stripe Connect Platform Agreement located at https://stripe.com/en-ca/legal/connect, and 3) the Stripe Services Agreement - Canada, located at https://stripe.com/en-ca/legal/ssa (collectively, the “Stripe Services Agreements”). By agreeing to these TOS, you agree to be bound by the Stripe Services Agreements, as the same may be modified by Stripe from time to time. FIXVI is not a party to any agreements between you and the Payment Service Provider (or any third parties incorporated into in such agreements), and FIXVI has no obligation, responsibility or liability to you or any other party in connection with any such agreements.

Customers and Fixers are required to provide their credit card or bank account details when registering for a FIXVI account to use the FIXVI Services (as specified in any registration forms provided when registering for your FIXVI account or as we may send to you from time to time). By doing so, you authorize us to provide this financial information to the Payment Service Provider on your behalf.

For the payment of the Fixer Fee from the Customer to the Fixer, the Payment Service Provider will first attempt to charge the default payment method that you, the Customer, provide to FIXVI. In the event that default payment method cannot be charged for any reason, including exceeding a payment method’s credit limit, payment method cancellation or expiry, or inaccurate payment method details, you agree that the Payment Service Provider may charge any other payment method associated with your FIXVI account and take any other action to collect payment from you. If your payment details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption in the FIXVI Services.

As a Customer, you acknowledge and agree that it is your responsibility to keep your payment method information up-to-date and your payment method in good standing in the FIXVI Services. Although FIXVI is not obligated to do so, FIXVI reserves its right to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization, low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. FIXVI, in its sole discretion, may refuse to approve or may terminate existing enrollments for the FIXVI Services with or without cause or notice, with the exception of any notice required by applicable law. Payments made in association with the FIXVI Services and the Payment Service Provider are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.

Although we are not obligated to do so, you as a Customer authorize us to pre-authorize a hold charge to your credit card or other applicable payment method based on your Fix Request, and in advance of your Fix being performed or completed.

In the event that a Fixer decides to engage a third party agent to assist in performing a Fix (e.g. a third party supplier or contractor), the Fixer is responsible for paying all payments owing to any such third party in full. FIXVI will not be responsible for payments to third parties engaged by a Fixer.

Customers may use Promo Codes (as defined in Section 20 of these TOS) available to you, as full or partial payment for a Fix under the terms of these TOS and any terms or restrictions attached to the Promo Codes.

The FIXVI Services may not be used to process a payment, or otherwise transfer money between a Customer and a Fixer, that is unrelated to a Customer’s purchase of FIXVI Services or a Fix. You may not use the FIXVI Services to offer, purchase or sell any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the FIXVI Services to purchase any goods or services that violate these TOS, other policies and rules of FIXVI, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of the FIXVI Services.

You agree to release FIXVI, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to payments made through the FIXVI Services.

FIXVI reserves the right to (but is not obligated to), upon request from a Customer or Fixer, or upon notice of any potential fraud, unauthorized charges or other misuse of the FIXVI Services, place on a hold on a payment associated with any Fix, or refund or provide credits to the affected party, or request the Payment Service Provider to do so.

You agree that you will not involve FIXVI in any litigation or other dispute arising out of or related to any transaction, agreement or arrangement in connection with payments made through the FIXVI Services. If you attempt to do so, you shall pay all costs and attorney fees of FIXVI and you shall provide indemnification as set forth in these TOS. However, nothing in these TOS waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable laws. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom.

FIXVI reserves it right to (but is not obligated to) review and decide on Customer requests for payment chargebacks, errors, claims, refunds and disputes in its sole discretion, so long as our decision is in accordance with the rules applicable to the payment method you used to make the payment and applicable laws. FIXVI is not liable to you under any circumstances for a payment request or dispute that we are unable to resolve in your favour. If you close or deactivate your account before we make a decision regarding a payment dispute, we will not be able to issue you any amounts you may be owed in accordance with our payment dispute decision. We will attempt to pay you any amounts you are owed as a result of our payment dispute decision using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete or has been cancelled.

Fixers agree that FIXVI may debit your Stripe account in connection with disputes with a Customer regarding a Fix. Although not obligated to do so, FIXVI reserves the right to process such debits and to withhold final payments until FIXVI has investigated such disputes. FIXVI may make a final decision on disputes in its sole discretion and, as a Fixer, you understand that all payments you may earn on the FIXVI Services are subject to such decisions. Additionally, you agree that FIXVI may reverse payments that have been made to your Stripe Connected Account when a customer refund or guarantee payout is warranted, including in connection with your actions or omissions that violate these TOS or other FIXVI policies.

Your failure to pay according to the terms of these TOS shall entitle us, without prejudice to our other rights and remedies, to (i) charge interest on a daily basis from 30 calendar days from the original due date at the rate of the lesser of 18% per annum or the maximum amount permissible by law, and/or (ii) suspend or terminate your subscription (if applicable) and/or access to the FIXVI Services. You shall reimburse us for all reasonable costs incurred by us in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable legal fees and court costs. We may charge a fee for reinstatement of suspended or terminated accounts.

If you believe that a billing discrepancy has occurred, you must notify us within 60 calendar days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after this time period.

If the currency in which you pay for a Fix is different than your payment method’s billing currency, then your bank or credit card company (or other third party that you use to pay for a Fix) may convert the payment amount to your billing currency associated with your payment method, based on an exchange rate and fee amount determined solely by such third party. As a result, the amount listed on your payment statement issued by such third party may be a different amount than that shown at checkout on the FIXVI Services. Please contact your bank or credit card company (or the other third party that you use to pay for a Fix) if you have any questions about these fees or the applicable exchange rate.

You are strictly prohibited from encouraging, offering, facilitating, providing or soliciting payment (in whole or in part) for a Fix booked through or in connection with the FIXVI Services by a method other than the payment methods made available to you through the FIXVI Services. For greater certainty, payment by cash (in whole or in part) for a Fix booked in association with the FIXVI Services is strictly prohibited and constitutes a material breach of these TOS. If you, as a Customer, attempt to or do provide payment through a third party payment provider other than the Payment Service Provider, FIXVI is not responsible for the creditworthiness of such service provider and is not liable if they fail to provide the payment services purchased or perform such services in an appropriate manner.

YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE, INCLUDING STRIPE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US (INCLUDING APPLICABLE FEES AND TAXES) WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW.

19. TAXES

You acknowledge and agree that Customers and Fixers are solely responsible for determining their own tax reporting and collection requirements in consultation with your own tax advisers. FIXVI cannot and does not offer specific tax advice to either Customers or Fixers. In no event will we be responsible for any tax compliance obligations of a Customer or Fixer.

As a Fixer, it is your ultimate responsibility to ensure that you satisfy all of your tax obligations in association with any Fix for which you are paid through the FIXVI Services, and if there is any uncertainty in this regard we encourage you to seek independent financial and tax advice from a qualified professional. As a Fixer, you are responsible for determining your obligations to report, collect, and remit any applicable value added tax, GST/HST, provincial sales tax, or other indirect sales taxes, occupancy tax, tourist or other visitor taxes. Fixers are also responsible for paying an applicable interest or penalties associated with applicable taxes.

As a Fixer, you agree to maintain a tax registration for your applicable jurisdiction(s) in good standing while offering and performing Fixes via the FIXVI Services (e.g. a GST/HST Registration Number).

FIXVI has no obligation to withhold or remit taxes in connection with any services provided by a Fixer to a Customer in connection with the FIXVI Services or any Fix, except as may be required by applicable law. Tax regulations may require us to collect appropriate tax information from Fixers, and/or or to withhold taxes from payouts to Fixers. We reserve the right to withhold payouts up to the tax-relevant amount as may be required by law, until and unless there is a resolution.

The Fixer Quote amount displayed for a bid on the FIXVI Services will be provided by Fixers to the FIXVI Services exclusive of any and all applicable value added tax, GST/HST, provincial sales tax, or other indirect sales taxes, occupancy tax, tourist or other visitor taxes, but FIXVI will apply such applicable taxes to the Fixer Quote when or after the Fixer Quote is accepted by the Customer and becomes an accepted Fixer Fee. You acknowledge and agree that the FIXVI Services will apply any applicable taxes payable by the Customer on the Service Fees, such as GST/HST, provincial sales tax, value added tax, or other indirect sales taxes. For greater certainty, the Customer will pay all applicable taxes on the Fixer Fee and the Service Fee, and any other fees that may be charged in association with the FIXVI Services from time to time as permitted by these TOS.

You further agree to indemnify and hold FIXVI and each of their directors, officers, agents, contractors, partners, advisors and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, penalties or interest, arising out of or in connection with any claims by the Canada Revenue Agency or any other jurisdictional tax agencies, departments or institutions, or any taxes related to your use of the FIXVI Services.

We are not responsible for and will not be liable for withholding any workers’ compensation, employment insurance, pension deductions, disability insurance, social security, or any applicable federal or provincial withholdings on behalf of or in association with any Fixer using the FIXVI Services. FIXVI is not responsible for the payment of a Fixer (or their employers’) income taxes in connection with a Fixer offering or performing a Fix.

20. PROMOTIONS

You may receive certain promotional offers directly or indirectly from FIXVI, including but not limited to discounted or free use of the FIXVI Services for a limited period, discounts on or credits towards payments made for Fixes, and discounts or credits in relation to referrals (collectively each a “Promotion”). Any promotional offers are offered at FIXVI’s discretion, and may be revoked at any time and for any reason, subject to applicable laws and these TOS.

You are only eligible for any benefits described in a FIXVI Promotion if you received a communication directly from FIXVI or one of its third party corporate partners offering you that Promotion, you satisfy all the requirements of the Promotion, and you maintain a FIXVI account in good standing. Any benefits from participating in a Promotion, requirements of accepting the offer, and any other conditions to receive any benefits of a Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits, except for FIXVI gift cards that will not expire.

We may limit the number of Promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only.

The liability of FIXVI, as well as any of FIXVI’s third party corporate partners pursuant to any promotional opportunities and contests, shall be subject to the limitations set forth in Section 36 of these TOS.

FIXVI promotional codes ("Promo Codes") may be available and can be used by Customers to pay Fixer Fees and Services Fees, in whole or in part.

Promo Codes are an offer that may be provided by FIXVI or a third party corporate partner of FIXVI to you, to reduce the amount you need to pay in relation to a Fixer Fee and/or a Service Fee. Promo Codes will not affect the amount of the Fixer Fee that a Fixer receives for a Fix. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between FIXVI, the Fixer or the Customer, nor does it constitute wages, fees or other amounts paid by FIXVI to the Fixer. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Codes. A new user Promo Code may only be used once by any Customer, regardless of the email address or username used during registration. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal or otherwise in violation of the applicable Promo Code terms and conditions or these TOS.

Gift cards can only be used in connection with Fixes performed on the FIXVI Services and they are not replaceable if lost or stolen. Gift Cards provided by FIXVI have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into a Customer’s FIXVI account. Gift Cards cannot be directly accepted by Fixers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with any Gift Card. You cannot "reload" (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. FIXVI reserves the right to correct the balance of a Gift Card if FIXVI believes that a billing error has occurred. FIXVI reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to these TOS, and the use of a Gift Card constitutes acceptance thereof. You also agree to comply with all Gift Card terms and conditions.

21. FIX CANCELLATIONS, RESCHEDULING AND REFUNDS

As a Customer or Fixer, you agree and acknowledge that you will act reasonably and in good faith when rescheduling or cancelling a Fix, with the goal of avoiding rescheduling or cancelling. You agree and acknowledge that you will only reschedule or cancel Fixes for reasonably unavoidable purposes and not as the result of your negligence, wilful misconduct, poor planning (based on reasonably foreseeable events), or to try to obtain more Fix bids or more favourable Fix terms.

Non-limiting examples of valid reasons to reschedule or cancel a Fix include safety concerns, injury, illness, death, family emergencies and Force Majeure Events (as defined in Section 26 of these TOS). If you believe that such a rescheduling or cancellation is or was required, you agree to promptly notify (i) the Customer who registered for the Fix or the Fixer who is scheduled to perform the Fix (as applicable), and (ii) FIXVI, via the FIXVI Services.

Although we are not obligated to do so, we reserve the right to restrict, suspend or terminate your access to the FIXVI Services in the event that you cause one or more rescheduling or cancellations which FIXVI, in its sole discretion, deems to be repetitious, excessive, done in bad faith or without appropriate justification.

FIXVI is not obligated to, and we do not currently, impose penalties or fees on users of the FIXVI Services for rescheduling or cancelling Fixes. FIXVI reserves its right, in its sole discretion, to charge such penalties or fees to users in the future. You are further advised that users may provide negative Ratings or Reviews (as defined in Section 33 of these TOS) about you or your services in the event that you reschedule or cancel one or more Fixes, regardless of your reason.

If a Customer or Fixer cancels a Fix in advance of the Fix being performed, FIXVI will refund any payments that the Customer made for the Fix and remove any holds placed on the Customer’s payment method for the Fix. As a Fixer, you agree and acknowledge that, unless FIXVI decides to implement rescheduling or cancellation penalties or fees in the future, you are not entitled to any compensation for a cancelled Fix.

A Fixer who cancels a Fix will be precluded from bidding on the performance of that particular Fix. If a Fixer cancels a Fix, the Customer’s Fix request will become available to be bid on by other Fixers but not the original Fixer.

In the event that a Customer or Fixer reschedules the Fix to a date other than the original Fix date (to a “New Fix Date”), the Customer’s Fix request will become available to be bid on by that original Fixer and other Fixers in the FIXVI Services. Therefore, in the event that a rescheduling process is initiated (by either the Customer or Fixer):

a. as a Customer, you agree and acknowledge that you may not be able to secure your original Fixer, or any Fixer, to perform your requested Fix at a New Fix Date; and

b. as a Fixer, you agree and acknowledge that you may no longer be the Fixer performing that Fix (if it is performed at all) and that you will not be compensated for that change.

In the event of a rescheduled or cancelled Fix, FIXVI shall have no obligation to reimburse you for any related expenses that you may have incurred, including time off work or expenses incurred to plan for someone being available at the Fix premises at the time the Fixer was scheduled to perform the Fix.

22. FIX COMPLETION CONFIRMATION PROCESS

The Customer and Fixer will each have an opportunity to indicate in the FIXVI Services that a Fix has been completed. The “Completion Confirmation Period” is the time period that begins at the time when the Fix is scheduled to be completed. The Completion Confirmation Period is currently 48 hours.

If neither the Customer nor the Fixer: 1) confirm the completion of the Fix in the FIXVI Services, or 2) report an issue regarding the Fix to FIXVI within the Completion Confirmation Period, then FIXVI may, but is not obligated to, in its sole discretion determine or decide whether or not the Fix has been completed and whether or not the Customer’s method of payment should be charged accordingly for the Fix. You hereby acknowledge and agree that due to your inaction following a Fix, as a Customer, you may be charged for Fix, and as a Fixer, your payment for a Fix may be cancelled.

In the event that at least one user confirms the completion of the Fix within the Completion Confirmation Period, the first user to confirm the completion is the “First Confirmer”, with the other party to the Fix being the “Second Confirmer”. The First Confirmer may be a Customer or Fixer, and the Second Confirmer the other of a Customer or Fixer. The “Second Confirmer Response Period” is the time that begins when the First Confirmer confirms the Fix completion. The Second Confirmer Response Period is currently 48 hours.

The Second Confirmer may confirm the Fix completion or report an issue pertaining to the Fix to FIXVI within the “Second Confirmer Response Period”. In the event that the Second Confirmer confirms the Fix or takes no action (such as not reporting any issue) within the Second Confirmer Response Period, the Fix will be deemed complete and the Customer’s payment method will be charged for the Fix. As a Customer, you acknowledge and agree that in the event of your inaction following a Fix, your payment method may be charged in full for a Fix that is deemed to be completed in accordance with this section of these TOS.

For greater certainty, in the event that the Customer and Fixer do not agree on the completion status of a Fix, FIXVI may in its sole discretion and without liability to the Customer or Fixer, assess the circumstances and decide to: 1) deem the Fix partially complete, release a portion of the Fixer Fees to the Customer and return the other portion of the Fixer Fees to the Customer, 2) deem the Fix incomplete or unsatisfactory, cancel payment for the Fix to the Fixer and return the applicable Fixer Fees to the Customer, or 3) deem the Fix complete and charge the Customer’s payment method for the Fix.

FIXVI reserves its right in its sole discretion to modify one or more of the Completion Confirmation Period, the Second Confirmer Response Period and the overall job completion confirmation process for the FIXVI Services, in the future.

23. NO RESALE AND NON-SOLICITATION

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, access to the FIXVI Services or any proprietary information of FIXVI contained in the Services.

IF YOU, AS A CUSTOMER, PURCHASE A FIX FROM A SERVICE PROVIDER THROUGH OR IN CONNECTION WITH THE FIXVI SERVICES, YOU AGREE THAT, FROM THE DATE OF SUCH PURCHASE AND FOR A PERIOD OF ONE-YEAR FOLLOWING SUCH DATE, YOU SHALL NOT, DIRECTLY OR INDIRECTLY, OTHER THAN THROUGH THE FIXVI SERVICES, SOLICIT OR CONTRACT WITH SUCH SERVICE PROVIDER OR THEIR AFFILIATES FOR THE PURPOSE OF PURCHASING FROM SUCH SERVICE PROVIDER OR THEIR AFFILIATES ANY PRODUCTS OR SERVICES THAT ARE THE SAME AS OR SUBSTANTIALLY SIMILAR TO THOSE PRODUCTS OR SERVICES OF THE SERVICE PROVIDER THAT YOU PURCHASED FROM THE SERVICE PROVIDER THROUGH OR IN CONNECTION WITH THE FIXVI SERVICES.

Users of the FIXVI Services agree not to recruit or otherwise solicit any Fixer to provide services on websites, apps, or other platforms that are competitive to FIXVI.

Except as otherwise provided in these TOS, Fixers are free to maintain a clientele without any restrictions from FIXVI and are free to offer and provide their services elsewhere, including through competing platforms.

24. COMMUNICATIONS

When you create an account, use or access the FIXVI Services or send e-mails, texts or other electronic messages to FIXVI, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate primarily with you through the Website, App or by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Customers and Fixers agree to use only the electronic communication services available on the FIXVI Services to communicate between a Customer and a Fixer prior to a Customer accepting a Fixer’s bid. You further agree that you will not use the FIXVI Services to exchange the direct or indirect contact information of any user who you become aware of through the FIXVI Services, with the intention of contacting and then booking or performing a service with that individual (or their business) outside of the FIXVI Services.

If you are a member of a FIXVI’s electronic mailing list you will also receive email communications from us regarding our products, services, promotions and business updates. If you do not wish to receive these communications, you can unsubscribe at any time by clicking on the unsubscribe link in any of our e-mail communications or by emailing us at privacy@fixvi.com.

By providing your phone number and using the FIXVI Services, you hereby affirmatively consent to the use of your phone number (including mobile phone numbers) for calls and text messages (which may reasonably recur) by FIXVI, or from independent Fixers in order to (a) perform and improve upon the FIXVI Services, (b) facilitate the performance of a Fix through the FIXIVI Services, and (c) provide you with information and reminders regarding your registration, upcoming Fixes, policy updates, product or Service modifications, changes and updates or Service disruptions. These calls and texts may pertain to, among other things, payment issues or reminders about upcoming or uncompleted Fixes. Message frequency varies. Carriers are not liable for delayed or undelivered messages. FIXVI will not apply any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving text messages and/or phone calls from FIXVI by emailing privacy@fixvi.com and clearly indicating that you want to opt-out of texts and/or phone calls.

25. DISPUTES BETWEEN USERS

We understand that occasionally disputes regarding a Fix may arise between users of the FIXVI Services, including between Customers and Fixers.

The FIXVI Services provides a conduit to connect Customers and Fixers. We are not involved in the contact between a Customer and a Fixer in the performance of a Fix. You are solely responsible for your interactions with other users to which you are connected through the FIXVI Services. You agree and acknowledge FIXVI is not obligated to facilitate, mediate, arbitrate or solve any disputes between Customers and Fixers, including but not limited to those related to or in connection with a Fix. Users of the FIXVI Services are encouraged to resolve disputes among themselves and come to an agreement with respect to any cancellations or refunds. If you have a dispute with one or more users, you release FIXVI (and our officers, directors, agents, investors, subsidiaries and employees) from any and all claims, demands or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct or indirect, arising out of or in any way connected with such disputes.

You may request that FIXVI assist with a dispute that you have with another user in relation to a Fix booked through the FIXVI Services. Fixvi reserves its rights to impose a resolution between users of the FIXVI Services that have a dispute between them; however, you acknowledge and agree that FIXVI is under no obligation to accept a particular dispute request, to assist with, or to impose a resolution for, a dispute that you may have with another user. You also agree that, if FIXVI decides to provide any form of assistance to attempt to or resolve a dispute between users, FIXVI does not waive any of its rights under these TOS, including its disclaimers, limitation of liability and indemnifications herein.

26. USE TERMINATION AND SERVICES INTERRUPTIONS

You agree that FIXVI, in its sole discretion, may suspend or terminate your password, account or use of the FIXVI Services, remove and discard any content accessible via the FIXVI Services (provided that it is in compliance with applicable laws), notify other users of the termination of your account, decrease your status or search rank on the Services, cancel Customer posts or Fixer bids, for any reason, including, without limitation, for lack of use or if FIXVI believes that you have violated or acted inconsistently with the letter or spirit of these TOS. Further, you agree that FIXVI will not be liable to you or any third party for any suspension or termination of your access to the FIXVI Services or any expungement of your information.

FIXVI may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, without notice.

FIXVI also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FIXVI Services (or any part thereof) with or without notice to you, for any of the following reasons:

Neither FIXVI nor you will be liable for delays caused by any event or circumstances beyond our or your (as applicable) reasonable control, including acts of God, acts of terror, acts of government, civil unrest, strikes or other labour disruptions of third parties, fires, floods, tornados, earthquakes, Internet service failures, and third party providers’ telecommunication, infrastructure, hosting or service issues (each a “Force Majeure Event”).

Any suspension of your access to the FIXVI Services pursuant to these TOS will not excuse you from your obligations to make any payments owing. Even after your right to use the FIXVI Services is restricted, suspended or terminated, these TOS will remain enforceable against you. FIXVI reserves the right to take appropriate legal action pursuant to these TOS or other applicable causes of action.

If FIXVI suspends or deactivates your account, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party, unless FIXVI informs you otherwise.

Notwithstanding any other provision of these TOS, FIXVI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the FIXVI Services (or any part thereof) with or without notice. You agree that FIXVI will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or your access thereto.

27. INACCURACIES AND OMISSIONS

From time to time, information on the FIXVI Services may contain typos, inaccuracies, or omissions with respect to pricing, Service Fees, service offerings, promotional offers, and other matters. We reserve the right, without prior notice, to correct any errors, inaccuracies or omissions, to change or update information, and to refuse or cancel purchases if any information on the FIXVI Services contains a typo, inaccuracy or omission at any time (including after you have accepted an offer to purchase and after your credit card or other payment method have been charged).

FIXVI is not responsible for, and will not be liable to you for, any claims that may arise as a result of, or in connection with, information that you provide to us that contains typos, inaccuracies or omissions, including but limited to payment or financial information (e.g. credit card digits), or tax information.

28. SIGNAGE

In consideration for having a Fix completed by a Fixer through the FIXVI Services, you grant FIXVI the right to place an outdoor FIXVI sign (a “FIXVI Sign”) at the front of your property without being liable for trespass, nuisance or any other claim against FIXIVI.

The FIXVI Sign may be placed on your property anytime during a Fix or within five calendar days after a Fix is performed; however, the FIXVI Sign will be not placed on your property or immediately removed (as applicable), if you so instruct. In addition, you may remove the FIXVI sign any time after it is placed, including immediately after it is placed if you choose to do so.

29. FIXVI’S PROPRIETARY RIGHTS

You acknowledge and agree that the FIXVI Services, content on the FIXVI Services, and any proprietary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content accessible via the Services and information presented to you through the Services is protected by the law of copyright, trademark, trade dress, industrial design, moral rights, patent and other intellectual property and proprietary rights laws. Except as expressly authorized by FIXVI or these TOS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

FIXVI retains all ownership, right, title and interest in and to its FIXVI Services, its Website and its App, including but not limited to all intellectual property rights, moral rights, industrial and proprietary rights. Nothing in these TOS shall be construed as conferring any right, title or interest in or to the FIXVI Services, the Website or the App to you; nor do any such rights, title or interest transfer to you through your access to or use of the FIXVI Services.

Subject to your compliance with these TOS, FIXVI grants you a limited, revocable (with or without notice), personal, non-transferable, non-sublicensable and non-exclusive licence to access and use the FIXVI Services; provided that you do not (and do not allow any third party to) copy, modify, create any derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code for the Services, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Services or the underlying software. Unless explicitly stated in these TOS, nothing in these TOS shall be construed as conferring any other license to intellectual property, moral, industrial or proprietary rights, whether by estoppel, implication or otherwise.

You agree not to obtain or attempt to obtain unauthorized access to the Services or the underlying software. You agree not to access the Services by any means other than through the interface that is provided by FIXVI for use in accessing and using the FIXVI Services.

While we appreciate any of your offers to provide feedback about the FIXVI Services to us, we will not accept or consider inventive or creative ideas, suggestions or materials from you. If, despite our request, you send us inventive or creative suggestions, ideas, processes, methods, designs, concepts or other information, such feedback will be the property of FIXVI and will not be treated as confidential information. You also acknowledge that FIXVI may already independently have something similar to the feedback under consideration, development or operation. FIXVI will not be liable to you for any use or disclosure by FIXVI of such feedback provided by you. For greater certainty, if you provide FIXVI with such feedback or comments regarding the FIXVI Services, you grant us the right to use such feedback or comments for any purpose without restriction or payment to you, and you waive any moral rights you may have in such feedback.

30. FIXVI’S INDICIA AND TRADEMARKS

Notwithstanding any other provisions in these TOS, without FIXVI’s prior permission, you agree not to copy, imitate, display or use in any manner (as part of a domain or otherwise) any of FIXVI’s graphics, designs, button icons, scripts, service names, tradenames or trademarks, including but not limited to “FIXVI”, and FIXVI’s FIXVI Design and F-Check Design marks (depicted in Canadian Trademark Application Nos. 2185412 and 2185420, respectively). In the event that FIXVI decides to permit you to use one or more of its trademarks or tradenames, FIXVI may exercise control over the way in which you use and display the trademark or tradename and the quality of the goods and services in association with which you use the trademark. Any and all goodwill related to the use of the trademarks or tradenames owned by FIXVI shall ensure to the benefit of FIXVI.

31. FIXVI’S CONFIDENTIAL INFORMATION

FIXVI’s "Confidential Information" includes any and all of FIXVI’s trade secrets, confidential and proprietary information, and all other information and data of FIXVI that is not generally known to the public, nor independently created by or obtained from another third party. Confidential Information includes, but is not limited to, technical data, know-how, research, privately known corporate partners, plans, products, product features, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing and sales information and strategies, and financial information.

You agree and acknowledge that you will not, for the lifetime of your account and thereafter, disclose, transfer or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the FIXVI Services or your obligations under these TOS. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of the Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall not use or disclose Confidential Information unless we provide consent to do so, or you are required to do so by law.

32. COPYRIGHT AND CONTENT COMPLAINTS

If you believe, in good faith, that any content on the FIXVI Services infringes upon or violates any copyright, trademark or other intellectual property right that you own or control (a “Right”), you may notify us in writing at info@fixvi.com. Your notification must provide us with all of the following information in writing:

FIXVI will investigate such complaints and take appropriate actions in accordance with its legal obligations and rights. Complaints that do not follow this procedure may not receive a response or action.

33. RATINGS AND REVIEWS

The FIXVI Services may provide the opportunity for Customers and Fixers to leave reviews (“Reviews”) and submit ratings (“Ratings”) that are visible to other Customers, Fixers and/or the public. You acknowledge and agree that your Ratings and Reviews may be made public and viewable by other Customers and Fixers using the Services, as well as members of the public. You acknowledge and agree that when you post a Rating or Review your account username may be attributed to that review.

You are solely responsible for your Reviews and Ratings. Reviews and Ratings reflect the views of Customers and Fixers and do not reflect the opinion of FIXVI or any of its officers, directors, employees, agents, advisors or representatives. FIXVI does not verify Ratings or Reviews, which means Ratings and Reviews may be inaccurate or misleading.

If you post a Review or a Rating, then you agree that such Review or Rating shall not contain any inappropriate, profane, distasteful, racially or ethically objectionable, offensive, libelous or defamatory language. If you post a Review or Rating, it shall be accurate, truthful and complete and compliant with other terms of these TOS. Your Reviews and Ratings shall be based on your first-hand interactions and experiences with the user who you are reviewing or rating.

We reserve the right to, but are not obligated to, remove any Reviews or Ratings that in our opinion, acting reasonably, do not comply with these TOS. FIXVI may redact, delete or reject your Reviews or Ratings if they do not conform with FIXVI’s publication criteria, which may change from time to time at FIXVI’s sole discretion.

FIXVI will treat your Reviews and Ratings as User Content, as defined in this agreement, and will treat such User Content in accordance with the terms and conditions outlined in Section 10 of these TOS.

You agree and understand that FIXVI may display, disseminate, or place its promotional materials near, with or adjacent to your Reviews and Ratings in any form or media. The manner, mode and extent of such promotional efforts are subject to change at FIXVI’s sole discretion and without notice to you.

You agree not to post Ratings or Reviews on the FIXVI Services:

You also agree not to:

34. DISCRIMINATION AND HARASSMENT

You agree not to discriminate against or harass (whether on the basis of marital status, religion, sexual or gender orientation, race, national origin, age or otherwise) anyone (including a Fixer or Customer) in connection with the Services, including during your attendance at a Fix.

You agree that if you, as a Customer, display discriminatory conduct or harassing behaviour in association with your use of the FIXVI Service (including at a Fix), the Fixer may leave your premises, and to the extent such allegations of discrimination or harassment were made in good faith by a Fixer and based on conduct that could be reasonably interpreted to be discriminatory or harassment, you may not be entitled to a refund.

You agree that if you, as a Fixer, display discriminatory conduct or harassing behaviour in association with the use of the FIXVI Services (including during a Fix), a Customer may be entitled to a refund as a result of your behaviour. In such a circumstance, the amount of such a refund, as determined by FIXVI acting reasonably and in its sole discretion, will be deducted from the payment to which you would otherwise be entitled in connection with the Fix.

Without limiting the foregoing, you agree that you must not:

Notwithstanding the foregoing, you may require Customers or Fixers (as applicable) to respect reasonable restrictions that are not based on the foregoing protected classes or other characteristics closely associated with a protected class. Notwithstanding the foregoing, you may require Customers or Fixers (as applicable) to respect reasonable restrictions that are not based on the foregoing protected classes or other characteristics closely associated with a protected class.

34. DISCRIMINATION AND HARASSMENT

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIXVI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, COLLATERAL OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

FIXVI MAKES NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, FIXVI MAKES NO WARRANTY WITH RESPECT TO THE SERVICES PROVIDED BY ANY FIXERS, CUSTOMERS OR OTHER PARTIES WHO ATTEND FIXES THROUGH OR IN CONNECTION WITH THE SERVICES. FIXVI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS, INCLUDING FIXERS WHO PROVIDE SERVICES THROUGH OR IN CONNECTION WITH THE SERVICES.

36. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:

FIXVI AND ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS AND CONTRACTORS (COLLECTIVELY, THE “FIXVI PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF DATA, PROPERTY DAMAGE, DEATH, ILLNESS, PERSONAL INJURY (INCLUDING RELATED TO COVID-19), LOSS OF GOODWILL, LOSSES ASSOCIATED WITH USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONE OR MORE OF THE FIXVI PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO USE, THE SERVICES, INCLUDING ANY FIXES, USER CONTENT, THIRD PARTY SITES AND CONTENT, OR ADVICE PROVIDED THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES; (ii) THE COST OF SUBSTITUTE GOODS AND SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL THE FIXVI PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL LOSSES RELATING TO THE SERVICES (INCLUDING ANY SERVICES PROVIDED WITH RESPECT TO A FIX THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES OR ANY PRODUCTS PURCHASED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES OR IN CONNECTION WITH THE SERVICES) EXCEED THE LESSER OF (I) $500; AND (II) THE AMOUNTS PAID BY YOU TO FIXVI IN THE SIX MONTHS PRIOR TO THE BRINGING OF ANY CLAIM.

37. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER TYPES OF DAMAGES. IN THOSE JURISDICTIONS, THE WARRANTIES AND CONDITIONS OF FIXVI WILL BE THE MINIMUM REQUIRED BY LAW AND THE LIMITATION OF LIABILITY WILL BE AS BROAD AS MAY BE CONSTRUED BY APPLICABLE LAW.

38. NOTICES

Notices to you may be made by either e-mail or regular mail. The FIXVI Services may also provide notices of changes to these TOS or other matters by displaying notices or links to notices to you via the FIXVI Services.

You are communicating with us electronically when you send emails to us, use the FIXVI Services, or register for an account to use the Services. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Notices sent to you, or from you to us, will be effective when delivered in writing by email at the local time of the email recipient. Notices sent by overnight courier will be effective the next business day after the notice is placed with the courier. Notices sent by regular or prepaid mail will be deemed received five business days after it is placed in the mail.

You are responsible for keeping your contact information on file with FIXVI up to date at all times. FIXVI may change its contact information by posting the new or modified contact information on the FIXVI Services or by giving notice to you.

39. DISPUTES WITH FIXVI; APPLICABLE LAW

These TOS and the relationship between you and FIXVI will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

To the fullest extent permitted by applicable law and subject to the arbitration provisions below, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada or the Federal Court of Canada, as applicable, with respect to any dispute, controversy or claim (a “Dispute”) arising out of or in connection with these TOS or your use of the Services.

For any Dispute you believe you may have against FIXVI (or any of its affiliates, advisors, directors, officers or employees) regarding the FIXVI Services, you agree to first contact us at info@fixvi.com to provide FIXVI with a period of no less than 20 business days to resolve the possible dispute in a good faith, in an informal manner with you before you commence legal action or arbitration against FIXVI (or any of its affiliates, advisors, directors, officers or employees) in accordance with this section of these TOS.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND FIXVI MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU AND FIXVI AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY DISPUTES. UNLESS BOTH YOU AND FIXVI AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which the following provision is enforceable, the following mandatory arbitration provision applies to you. You agree that any Dispute shall be submitted to and determined by binding arbitration in accordance with the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The number of arbitrators shall be one, and the Parties shall mutually agree and appoint an arbitrator within 10 days of the delivery of the notice of arbitration, failing which the arbitrator shall be appointed by the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto or Ottawa, Ontario, Canada. The language of arbitration shall be English. By agreeing to this provision, the Parties agree that arbitration shall be the exclusive forum for resolving all Disputes and the decision of the arbitrator shall be final and binding upon the Parties. The decision of the arbitrator shall be executory, and judgment thereon may be entered by any court of competent jurisdiction. The arbitration proceeding and any decision by the arbitration panel shall be confidential, unless disclosure is required by applicable law.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action against FIXVI (or any of its affiliates, advisors, directors, officers or employees) arising out of or related to your use of the Services or these TOS must be filed within one year after such claim or cause of action arose or was reasonably discovered, or be forever barred. The section titles in these TOS are for convenience only and have no legal or contractual effect.

40. TOS AMENDMENTS

To the extent permitted by applicable law, we reserve the right to amend these TOS, in our sole discretion, from time to time, by posting the new version of these TOS to the FIXVI Services along with the date of the last amendment. It is your responsibility to regularly monitor the FIXVI Services for any such amendments, and to review the most recent version of these TOS regularly. Your use (or continued use) of the FIXVI Services constitutes your agreement and acceptance of these TOS and the applicable revisions of these TOS. If you do not agree to be bound by this or any subsequent revision of these TOS, then do not use or access (or continue to use or access) the FIXVI Services.

41. TOS TERMINATION

These TOS become effective when you first access or use the FIXVI Services. These TOS will remain in effect until terminated by either you or us, subject to these TOS.

You may terminate these TOS at any time and with immediate effect by requesting by email that your Fixvi account be deleted, ceasing access to and use of the FIXVI Services, and uninstalling and deleting the FIXVI App from all of your devices. For greater certainty, if you continue to use any public portion of the FIXVI Services, for example the Website, these TOS will continue to apply to such use.

At any time and at our discretion, we may terminate these TOS with immediate effect by giving notice to you by email (using your current email we have on file) or through the FIXVI Services.

The rights and obligations of the Parties set forth in Sections 3, 35, 36 and 39, and any other provision in these TOS which, by its nature, should survive termination of these TOS, will survive any such termination.

42. GENERAL INFORMATION

These TOS govern your use of and access to the Services, superseding any prior agreements between you and FIXVI respecting your use of and access to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party content, third party services or third party software.

Any provision of these TOS found by an administrative body or court of competent jurisdiction to be invalid, illegal or unenforceable will be severed from these TOS and all other provisions of these TOS will be of full force and effect.

The failure of you or FIXVI to exercise or enforce any right or provision of these TOS will not constitute a waiver of such right or provision.

The section titles in these TOS are for convenience only and have no legal or contractual effect.

You may not assign these TOS to any third party without FIXVI’s prior written consent. As FIXVI develops its business, it is possible that FIXVI may experience a change of control, merge with another company or otherwise be part of an acquisition. FIXVI may also be involved in a transaction in which substantially all company assets are sold or acquired by FIXVI. If such a transaction occurs, you agree that FIXVI may assign its rights or obligations under these TOS. In such transactions, customer information is typically one of the transferred business assets. You hereby consent to the transfer of your personal information in the event that such a transaction occurs.

Unless otherwise expressly set out in these TOS, these TOS will enure to the benefit of and be binding upon you and FIXVI, and their permitted successors and permitted assignees.

43. ENGLISH LANGUAGE

The Parties have required that this agreement and all documents and notices resulting from it be drawn up in English. Les Parties aux présents ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent ou qui en découleront soit rédigés en la langue anglaise.

FIXVI INC.TERMS OF SERVICE

FIXVI INC.
TERMS OF SERVICE