Terms and Conditions

Introduction

Welcome to Fiixly. These Terms of Service & User Agreement govern your access to and use of the Fiixly platform, including any website, mobile application, or other digital services provided by us. By booking a service or accessing our platform, you agree to be bound by these terms.

If you do not agree to these terms, please do not use the Platform. We reserve the right to modify these terms at any time, and your continued use of the Platform signifies your acceptance of any updated terms.

1. Scope of Platform and Intermediary Status

This digital platform (the "Platform") acts strictly as an online marketplace and aggregator connecting independent service professionals ("Service Providers") with consumers ("Users").

• Section 79 Statutory Safe Harbor: The Platform explicitly declares its status as an "Intermediary" under Section 2(1)(w) of the Information Technology Act, 2000. In accordance with Section 79 of the Information Technology Act, 2000, the Platform shall not be liable for any third-party information, data, communication link, or services made available by independent Service Providers.
• E-Commerce Rules Compliance: Under the Consumer Protection (E-Commerce) Rules, 2020, the Platform is classified strictly as a "Marketplace E-Commerce Entity". The Platform does not own, manage, or exercise inventory control over the services rendered by independent third parties.

2. User Responsibilities

To ensure high quality and seamless service delivery, the User agrees to the following responsibilities:

• Accurate Information: The User must provide complete and accurate booking and contact information, including name, phone number, address, and specifications of the assets requiring service.
• Access and Utilities: The User must provide the Service Provider with necessary access to the premises, as well as essential utilities such as continuous water supply and electrical outlets required to perform the service.
• Securing Assets & Valuables: The User is under strict legal obligation to secure all valuables prior to execution of the service. The Platform accepts no liability for theft or missing property.
• Safe Environment: The User must maintain a safe, non-threatening environment for the Service Provider while they are on the premises.

3. Absolute Limitation of Liability & Property Waivers

To the maximum extent permitted under the Consumer Protection Act, 2019 and general laws of torts, the Platform disclaims all explicit or implied warranties regarding the physical output of the booked service slots.

• Vehicle & Asset Damage Waiver: The User acknowledges that any physical handling, cleaning, or maintenance of assets (including cars, detailing, or properties) is performed solely at the risk of the User and the Service Provider. The Platform holds zero vicarious liability under the law for any scratches, operational malfunctions, or physical damage.
• Bailee Liability Exclusion: The booking of a service slot does not create a contract of bailment between the User and the Platform. The Platform never takes custody, possession, or control of the User's vehicle or property, and therefore assumes no liability under Section 148 of the Indian Contract Act, 1872.
• Theft and Valuables Policy: The User is under strict legal obligation to secure all valuables prior to execution. The Platform accepts no liability for theft or missing property under the Bharatiya Nyaya Sanhita (BNS), 2023.

4. Financial Terms, Bookings, and Consumer Discretions

All commercial/contractual terms are offered by and agreed to between Users and Service Providers alone. The Platform facilitates payment collection strictly as a collection agent under the guidelines issued by the Reserve Bank of India (RBI).

• No-Show and Forfeiture: If a User fails to present the asset or provide access within the 15-minute scheduled grace period, the booking constitutes a "User Default" and the cancellation fees may apply as liquidated damages under Section 74 of the Indian Contract Act, 1872.
• Liability Cap: If the Platform is found liable by any judicial authority, the maximum aggregate liability shall be strictly restricted to the amount paid to the Platform for the specific slot booking, as per the general principle of mitigation of damages.

5. Statutory Indemnification

The User agrees to indemnify, defend, and hold harmless the Platform, its directors, and technical developers against any third-party claims, housing society penalties, municipal fines, or legal actions resulting from the User’s failure to provide proper utilities (water/electricity), authorization, or accurate data required for the service execution.

6. Cookies and Data Collection

We use cookies, session tokens, and local storage on our Platform to manage user sessions, store user location preferences, and customize page layouts. Our use of cookies is designed to optimize user experience and is fully outlined in our Privacy Policy.

All personal data collected during the registration and booking processes is processed in accordance with our data charter and applicable laws, including the Digital Personal Data Protection Act, 2023.

7. Governing Law and Territorial Jurisdiction

This agreement, legal relations, and any enforcement thereof shall be governed exclusively by the substantive laws of the Republic of India.

In the event of any consumer dispute or civil claim, the parties explicitly covenant to exclude all other jurisdictions and submit exclusively to the territorial jurisdiction of the competent civil courts and consumer forums located at Noida, Uttar Pradesh, India.

Contact Information

If you have any questions, clarifications, or grievances regarding these Terms of Service or the Platform, please contact our support team or our Grievance Officer: