This agreement

1. We are Fix My Build Ltd (company number 14494824) a limited company registered in England and Wales whose registered address is 88 Riverside Drive, Mitcham CR4 4BW (we, us, our), and we are the creators of Fix my build.
2. This agreement is made between you and us. Where you access this app through the Apple App Store, please note that Apple is not a party to this agreement and has no responsibility for the app or its content.
3. This agreement explains who we are, how Tradespeople’s Goods and Services will be offered and sold to you, how you or we may change, cancel, or otherwise end the agreement, what to do in the event of problems, and other important information.
4. You are required to read and accept the terms of this agreement when you use our app to order Goods and Services from Tradespeople. If you do not agree to comply with and be bound by the agreement, you will not be able to use the app or order Goods and Services from Tradespeople who use the app.
5. There are other terms which may apply to you when you use our app:
   1. our Acceptable Use Policy;
   2. our Privacy Policy;
   3. our Cookies Policy; and
   4. the Apple App Store rules (or any corresponding rules of the relevant app store).
   You must comply with the Apple App Store rules as well as this agreement but, if there is any conflict between them, you should follow the Apple App Store rules rather than the equivalent rule here or the other terms listed above.
6. If you are a Tradesperson, the terms of this agreement only apply to your use of the app, and the legal terms on which you are able to advertise and provide Goods and Services Customer through our app or website are set out in your direct agreement with us.

Definitions and Interpretation

1. In this agreement, unless the context otherwise requires, the following expressions have the following meanings:
   Applicable Law

   any law, which includes but is not limited to, consumer law, laws governing the use and operation of the app, payment transactions, and relevant laws applicable to Tradespeople and the Goods and Services that they provide to Customers;
   Customer, you, your

   individuals who use the app to request Goods and/or Services from Tradespeople;
   Estimate

   one or more tasks that comprise the work required to complete your Project;
   Fee

   the fee payable by you to Fix my build when you accept an Estimate from a Tradesperson;
   Goods and Services

   goods and services listed as an Estimate provided to you by a Tradesperson;
   Milestone

   a date by which a part of the Project is to be completed, as set out in the Estimate;
   Order

   your order for Goods and Services from Tradespeople;
   Our Services

   the services provided by us through the app to identify Tradespeople who may be able to undertake tasks for your Project;
   Payment

   your payment of our Fee to be paid when you accept an Estimate from a Tradesperson through the app;
   Project

   one or more tasks that you require to be undertaken by Tradespeople;
   Tradesperson,
   Tradespeople

   businesses who provide Goods and Services through the app.
2. Unless the context otherwise requires, each reference in the agreement to writing and any similar terms includes a reference to communication by email.

Use of the app

1. We license you to download the app onto your device, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the rules of the relevant app store – please note that additional rules apply where you download the app from the Apple App Store and these are set out below. The licence:
   1. is only for you personally and for devices that you own or control (except in the situations described in clause 3.3) and it cannot be transferred to anyone else;
   2. starts when you download the app; and
   3. covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
2. If you download the app from the Apple App Store, we license you to download the app onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the Apple App Store Rules (or any corresponding rules of the relevant app store).
3. If you download the app from the Apple App Store, please note that the app can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the Apple App Store rules. Other app stores may permit similar sharing functionality.
4. You do not own the app or any of its contents, but you may use it as permitted by this agreement and by the Apple App Store rules (or any corresponding rules of the relevant app store).
5. If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
6. You are not allowed to:
   1. modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
   2. deliberately attempt to avoid or manipulate any security features included in the app; or
   3. pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).

Technical requirements

Your account

1. You will be able to create an account on the app in accordance with the following conditions:
   1. you are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
   2. all personal information you provide to us through your account is up-to-date, accurate and truthful and that you will update your personal information if it changes.
2. We reserve the right to suspend or terminate your account if you are using the app illegally or you do not comply with this agreement.
3. Accounts can be deleted via the app. If you delete your account, all of your information, including the details of your Projects, will be permanently deleted. Once your account is deleted, we will be unable to recover the information which has been deleted in the future, even if you may require this for any reason, including for example, legal purposes.

Acceptable use

1. You must not use the app to do any of the following things:
   1. break the law or encourage any unlawful activity;
   2. send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
   3. infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
   4. transmit any harmful software code such as viruses;
   5. try to gain unauthorised access to computers, data, systems, accounts or networks; or
   6. deliberately disrupt the operation of anyone’s website, app, server or business.
2. You must use the app in accordance with our Acceptable Use Policy.

Prohibited territories and persons

1. You represent and warrant that you are not:
   1. located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a ‘terrorist supporting’ country; and
   2. on any US Government list of prohibited or restricted parties.
2. If either of these situations apply to you, you are not permitted to download and use this app.

Our Services

1. The app is intended to help you obtain Estimates from Tradespeople for a wide range of work.
2. As a customer, you can post a description of your Project on the app.
3. Once posted, your Project will be reviewed by a member of our team, and we will contact you by email or telephone if we have any questions or advice to provide.
4. After our review is completed, the app sends the details of your Project to relevant Tradespeople who provide the Goods and Services that you require.
5. You will be presented with Estimates from Tradespeople on the app, and you may or may not decide to engage a Tradesperson to provide the Goods and Services you require.
6. All Tradespeople will publish details of the Goods and Services that they offer on their profile pages on the app. In addition, Tradespeople will also publish their standard terms and conditions of sale on their profile page. It is your sole responsibility to read a Tradesperson’s standard terms and conditions of sale which will govern your contract with a Tradesperson.
7. We are unable to endorse or confirm whether any Tradespeople identified by us are suitable to fulfil your requirements. It is your sole responsibility to engage with the Tradesperson’s standard terms and conditions of sale to establish whether or not they can meet your Project requirements prior to you accepting their Estimate sent via the app.
8. We also cannot guarantee the quality or accuracy of Goods and Services made available by Tradespeople, and it will be your responsibility to engage with the Tradesperson to verify the quality of their Goods and Services before you accept the Tradesperson’s Estimate.
9. We do not offer any guarantees or any warranties as to the quality or safety of Goods and Services or that they are legal. All such guarantees and warranties are made by the Tradesperson with whom you contract.
10. Once you have accepted an Estimate from a Tradesperson via the app, a contract will be formed between you and the Tradesperson for the work detailed on their Estimate.
11. Once you accept any Estimate, you will be required to pay a Fee to us. Details of how the fee is calculated is available on the Fees page of our website: www.fixmybuild.com/fees.
12. If an accepted Estimate mentions an initial payment, the initial payment must be paid to the Tradesperson before any work commences.
13. An Estimate can contain one or more Milestones. If a Milestone has an associated cost, the cost is payable by you upon completion of the work detailed under the Milestone.
14. Upon completion of a Project, we provide a means for you to post a review of a Tradesperson’s performance and provide feedback for other prospective customers to see.
15. We reserve the right to reject or modify your proposed Project before publishing the same on the app.

Fee and Payment

1. A fee is payable by you when you accept an Estimate from a Tradesperson and at the conclusion of any Milestone(s) where applicable.
2. We accept many payment methods on the app, including:
   1. credit card;
   2. debit card;
   3. Google Pay; and
   4. Apple Pay.
3. When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
4. If we believe your payment is not compliant with any Applicable Law, or this agreement, then we reserve the right to cancel or reverse your transaction.

Your agreement with us and your contract with a Tradesperson

1. We only provide an intermediation service between Customers and Tradespeople and we act only as an intermediary between you and a Tradesperson. The supply of any Goods and Services by a Tradesperson to you will be subject to an entirely separate contract established between you and the Tradesperson when you accept an Estimate supplied to you by a Tradesperson.
2. The Tradesperson is responsible for ensuring that all Goods and Services required for your Project meet all required quality standards and comply with all Applicable Law and are delivered in accordance with such timescales as stated in the Estimate.
3. If there are any issues with the performance or quality of the Goods and Services supplied by the Tradesperson, then you will have legal rights of redress against the Tradesperson directly, and not against us.
4. We shall have no liability to you whatsoever in respect of the supply of Goods and Services with the Tradesperson with whom you contract through the app.

Faulty, damaged or incorrect Goods supplied by the Tradesperson

1. The Consumer Rights Act 2015 requires that goods must be as described, fit for purpose and of satisfactory quality.
2. You have legal rights as a consumer. These rights may be subject to exceptions. For full details please refer to the Citizens Advice Bureau website or contact them on 0808 223 1133. Nothing in the Tradesperson’s standard terms and conditions of sale will affect your legal rights.

Your rights to cancel and end the contract with the Tradesperson

1. If you wish to cancel your Order for Goods and Services with a Tradesperson, you must contact the Tradesperson directly.
2. The Tradesperson’s standard terms and conditions of sale will provide details of its cancellation policy.
3. If you are a customer living in the United Kingdom or the European Union, you have the right to cancel your contract with a Tradesperson within 14 days of acceptance of an Estimate. The cancellation period will end 14 days from the date of your acceptance of an Estimate.
4. To exercise your right to cancel, you can either “cancel” or “pause” the Project via the app or by contacting us by email at: [email protected] or by phone: 0208 145 5102.
5. The right to cancel does not apply to:
   1. goods or services, other than the supply of water, gas, electricity or district heating, where the prices depends on fluctuations in the financial market that we cannot control and that may occur during the cancellation period;
   2. services that you have requested for the purpose of carrying out urgent repairs or maintenance;
   3. for something specially made – for example, made-to-measure curtains, windows or a conservatory; and
   4. accommodation, transport of goods, vehicle rental services, catering, or services related to leisure activities, if the contract includes a specific date or period of performance.
6. If you requested the performance of Services to begin during the cancellation period, you are required to pay an amount which is in proportion to what has been performed until you have communicated to the Tradesperson you decision to cancel the contract between you. The Tradesperson will reimburse to you any amount you have paid above this proportionate payment.
7. The Tradesperson will make the reimbursement using the same form of payment as you used for the initial purchase. You will not incur any fees because of the reimbursement.
8. This right to cancel and to reimbursement is not affected by any return or refund policy the Tradesperson may have.
9. Where the Sale of Goods Act 1979, the Consumer Rights Act 2015 or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, this agreement or the standard terms and conditions of sale of the Tradesperson shall not limit your legal rights and remedies under that legislation. This agreement and the Tradesperson’s standard terms and conditions of sale will be read subject to the mandatory provisions of that legislation, and where there is a conflict, the mandatory provisions of the legislation shall apply.

Refunds and recovering losses

1. If the app fails to meet the standards required by law (including that the app is of satisfactory quality, fit for purpose and as described), and if you downloaded the app from the Apple App Store, please contact Apple who will provide you with a full refund of the price you paid for the app (if any). Any other claims, losses, liabilities, damages, costs or expenses will be our sole responsibility, including claims:
   1. that relate to product liability;
   2. that the app fails to conform to any applicable legal or regulatory requirement; and
   3. arising under consumer protection, privacy, or similar legislation, including in connection with the app’s use of the HealthKit and HomeKit frameworks
   unless such claims arise in connection with the supply of Goods and Services to you by the Tradesperson, in which case the Tradesperson shall be liable to you for such claims.
2. If you downloaded the app from the Apple App Store, please note that Apple has no other responsibility or obligation in relation to the app beyond providing a refund in the circumstances described in clause 13.1.
3. If we breach this agreement or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this agreement was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
4. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage, or any loss or damage which arises from or in connection with the supply of Goods and Services by the Tradesperson to you.
5. If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
6. Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

Failures of networks or hardware

External services

1. The app may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
2. We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
3. You must not use external services in any way that:
   1. is inconsistent with these terms or with the terms of the external service; or
   2. infringes our intellectual property rights, or the intellectual property rights of any third party.
4. From time to time, we may change or remove the external services that are made available through the app.

Intellectual property rights

Ending this agreement

1. We can end this agreement if you do not comply with any part of it.
2. We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the app or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.
3. The consequences of the agreement ending are as follows:
   1. you are no longer allowed to use the app and we may remotely limit your access to it;
   2. you must delete it from any devices that it has been installed on;
   3. we may delete or suspend access to any accounts that you hold with us; and
   4. where it has been ended by us because you have not complied with a part of the agreement, you are not entitled to a refund.

Support and contact

1. We are responsible for customer service in relation to the app and we can help you if you are having any issues. Where you have downloaded the app from the Apple App Store, you acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the app, although if the app is faulty, you may be able to claim a refund from them — please see clause 13.1.
2. We always welcome feedback from our customers. If you need to get in touch with us, you can use any of the following methods:

   Email	[email protected]
   Post	Fix My Build, PO Box 3335, Mitcham CR4 9FQ
   Telephone	0208 145 5102

3. If we need to get in touch with you, we will do so by email or an in-app notification.
4. While we always use reasonable efforts to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
5. All complaints are handled in accordance with our complaints handling procedure.
6. If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided above.

Privacy and your personal information

Collection of technical information

Location data

1. The app makes use of functionality on your device that can pinpoint your location. We do this in order to put you in contact with Tradespeople based near to you.
2. When you open the app for the first time, you will be asked whether the app can use your location and in what circumstances.
3. You can change your choices at any time in the app settings, and you can also turn the location services off at any time. The app will still function if location services are off, but its functionality may be reduced.

Updates to the app

1. We may update the app from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the app still meets the description of it that was provided to you at the time you downloaded the app.
2. Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store you have used to download the app.
3. We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.

Changes to this agreement

1. We may need to revise this agreement from time to time to reflect changes in the app’s functionality, to deal with a security threat or if there is a change in the law or guidance.
2. You will be asked to agree to any material changes in advance by an in-app notification, usually when you download an update. If you do not accept the changes, you will not be able to use the app.

Third parties

1. If you have download the app from the Apple App Store, please note that Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms, Apple has the right to enforce it and to take action against you directly, with or without our involvement.
2. Other than Apple and Apple’s subsidiaries (where applicable), no one other than us or you has any right to enforce any term of this agreement.

Transferring this agreement

1. We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
2. You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.

General

1. If any of the provisions of this agreement are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of the agreement. The remainder of the agreement shall be valid and enforceable.
2. No failure or delay by us (or Apple or Apple’s subsidiaries) in exercising any of our rights under the agreement means that we have waived that right, and no waiver by us (or Apple or Apple’s subsidiaries) of a breach of any provision of the agreement means that we will waive any subsequent breach of the same or other provision.

Governing law and jurisdiction

1. The laws of England apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of the country in which you live.
2. Any disputes will be subject to the non-exclusive jurisdiction of the English courts. This means that you can choose whether to bring a claim in the courts of England or in the courts of another part of the UK in which you live.