Effective Date: 1st October 2026
Last Updated: 1st October 2026
Official Legal Page: https://fixdar.com/terms-of-service/
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND CONTAINS IMPORTANT PROVISIONS CONCERNING INDEPENDENT SERVICE PROVIDERS, TASK DISTRIBUTION AND ALLOCATION, CANCELLATION, PAYMENT PROCESSING, REFUNDS, ASSUMPTION OF RISK, RELEASES, DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNIFICATION, AND DISPUTE RESOLUTION.
FIXDAR OPERATES A TECHNOLOGY MARKETPLACE THROUGH WHICH CUSTOMERS MAY POST TASKS SEEKING PROPERTY SERVICES. FIXDAR MAY DIRECTLY ALLOCATE A TASK TO A SERVICE PROVIDER, DISTRIBUTE OR “FLOAT” A TASK TO MULTIPLE SERVICE PROVIDERS, ALLOCATE A TASK TO A SERVICE PROVIDER WHO ACCEPTS IT, OR USE ANOTHER DISTRIBUTION OR ALLOCATION METHOD.
UNLESS FIXDAR EXPRESSLY AGREES OTHERWISE IN A SEPARATE WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED FIXDAR OFFICER, FIXDAR DOES NOT PERFORM, CONTROL, SUPERVISE, INSPECT, GUARANTEE, OR WARRANT THE UNDERLYING PROPERTY SERVICES.
SERVICE PROVIDERS ARE INDEPENDENT THIRD PARTIES. THEY ARE NOT EMPLOYEES, AGENTS, REPRESENTATIVES, OR SUBCONTRACTORS OF FIXDAR.
These Customer Terms of Use include the payment, deposit, cancellation, refund, safety, communications, privacy, account-deletion, dispute-resolution, and other terms and policies contained in this document.
These Terms, together with any quotation accepted by the Customer, approved additional work or change order, Transaction Record, and transaction-specific terms or disclosures, if any, collectively form the “Agreement.”
The current Agreement is published on the Official Legal Page identified at the beginning of this document.
This Agreement applies to every individual, homeowner, tenant, landlord, occupant, property owner, property manager, business, organization, representative, or other person who:
(a) accesses or browses the Platform;
(b) creates or uses a FixDar account;
(c) posts, submits, discusses, or modifies a Task;
(d) communicates with FixDar or a Service Provider;
(e) requests or receives an inspection, assessment, quotation, or appointment;
(f) accepts or authorizes Property Services;
(g) makes or authorizes a payment connected with a Task;
(h) submits a complaint, rating, review, photograph, video, or other content; or
(i) otherwise accesses or uses any Platform Service.
By creating an account, selecting “I Agree,” posting a Task, accepting a quotation, scheduling an appointment, authorizing work, making a payment, or otherwise using the Platform, you confirm that:
(a) you have read and understood this Agreement;
(b) you agree to be legally bound by it;
(c) you are legally capable of entering into it; and
(d) where you act for another person or organization, you have authority to bind that person or organization. If you do not agree to this Agreement, you must not use the Platform.
You must be at least 18 years old and legally capable of entering into a binding agreement.
FixDar may refuse, restrict, suspend, or terminate access where FixDar reasonably believes that a person:
(a) is under 18;
(b) lacks legal capacity;
(c) is acting without proper authority;
(d) has supplied false, incomplete, or misleading information;
(e) presents a safety, payment, fraud, legal, regulatory, reputational, or security risk; or
(f) has violated this Agreement.
Nothing in this Agreement waives, restricts, or excludes any right, warranty, remedy, cancellation right, protection, or liability that applicable law does not permit the parties to waive, restrict, or exclude.
Where a provision conflicts with a mandatory legal requirement, that requirement will prevail only to the minimum extent necessary. The remaining provisions will continue in effect.
“Customer,” “you,” or “your” means each person or entity accessing or using the Platform or posting, requesting, authorizing, receiving, or paying for Property Services.
“Credential” means any identification document, business record, licence, permit, registration, certification, qualification, training record, insurance document, background information, reference, experience statement, badge, or other information concerning a Service Provider.
“Customer Content” means photographs, videos, reviews, ratings, measurements, descriptions, messages, documents, access instructions, property information, and other information submitted by or on behalf of a Customer.
“FixDar,” “Company,” “we,” “us,” or “our” means FixDar
“FixDar Parties” means FixDar and its current and future parent companies, subsidiaries, affiliates, successors, permitted assigns, shareholders, directors, officers, employees, contractors, representatives, agents, licensors, technology providers, and their respective personnel.
Independent Service Providers performing Property Services are not FixDar Parties merely because they use the Platform.
“Platform” means FixDar’s website, customer application, professional application, software, databases, communication channels, scheduling features, quotation systems, payment integrations, support channels, and related technologies and services.
“Platform Services” means the marketplace, Task-posting, Task-distribution, allocation, communication, coordination, administrative, payment-facilitation, status-tracking, recordkeeping, and support functions that FixDar may make available.
“Property Services” means handyman, maintenance, repair, renovation, installation, cleaning, landscaping, moving, construction, technical, trade, labour, inspection, and other services requested by a Customer and offered or performed by a Service Provider.
“Service Agreement” means the separate agreement between the Customer and Service Provider concerning Property Services.
“Service Provider” means an independent third-party individual or entity that offers, quotes, arranges, supervises, supplies, or performs Property Services in connection with the Platform.
A Service Provider may include:
(a) an individual acting under their legal name;
(b) a self-employed person;
(c) a sole proprietor;
(d) a registered or unregistered business operator;
(e) a partnership;
(f) a corporation;
(g) an independent contractor;
(h) a tradesperson, technician, labourer, consultant, or other professional; or
(i) an employee, helper, apprentice, technician, representative, or subcontractor acting for an independent Service Provider. A Service Provider is not required by FixDar to be incorporated or to operate under a registered business name unless applicable law requires that status for the particular services. The term “Service Provider” does not mean that FixDar has determined that the individual or entity is licensed, certified, insured, incorporated, registered, qualified, competent, trustworthy, safe, or legally authorized to perform any particular service.
“Task” or “Task Posting” means a request, inquiry, description, or posting submitted by a Customer through the Platform seeking potential Property Services from an independent Service Provider.
A Task may include:
(a) the requested service category;
(b) the property or service location;
(c) photographs, videos, measurements, or descriptions;
(d) preferred timing;
(e) access information;
(f) information about materials or property conditions; and
(g) other information supplied by or on behalf of the Customer.
“Task Distribution” means FixDar’s administrative act of sending, displaying, routing, offering, floating, or otherwise making a Task available to one or more independent Service Providers for consideration.
“Task Allocation,” “Allocation,” or “Assignment” means FixDar’s administrative act of associating a Task with a particular independent Service Provider for review, communication, inspection, quotation, scheduling, or potential performance.
“Allocated Service Provider” means an independent Service Provider to whom FixDar has allocated or assigned a Task, whether through direct selection, first acceptance, an automated or partially automated process, reassignment, or another Platform process.
“Transaction Record” means any quotation, invoice, receipt, payment confirmation, Task summary, status record, approved additional-work record, checkout record, or other information associated with a Platform transaction.
FixDar operates a technology marketplace through which Customers may post Tasks seeking Property Services.
FixDar may facilitate:
(a) Task Postings;
(b) Task Distribution and Allocation;
(c) introductions between Customers and Service Providers;
(d) communications;
(e) inspections or assessments offered by Service Providers;
(f) quotations;
(g) scheduling;
(h) payment processing or collection;
(i) payment and Task-status tracking;
(j) complaints and support communications;
(k) ratings and reviews; and
(l) other administrative or marketplace functions.
Unless FixDar expressly agrees otherwise in a separate written agreement signed by an authorized FixDar officer, FixDar does not accept a Task as a contractor and does not perform the requested Property Services.
FixDar is not:
(a) a general contractor or subcontractor;
(b) a construction manager;
(c) an employer or staffing agency;
(d) a trade company;
(e) a property manager;
(f) an engineering or architectural firm;
(g) a certified inspection company;
(h) an environmental consultant;
(i) an insurer or guarantor;
(j) a bank, lender, trustee, or escrow provider;
(k) a manufacturer, retailer, or supplier of materials; or
(l) the person responsible for performing or supervising Property Services.
FixDar determines, in its discretion and subject to applicable law, the availability, extent, method, and timing of its Platform Services.
FixDar does not promise that it will:
(a) review or respond to every Task;
(b) distribute or allocate every Task;
(c) locate a Service Provider for every Customer;
(d) continuously monitor every Task;
(e) verify every Service Provider;
(f) inspect Property Services;
(g) investigate every complaint;
(h) mediate or resolve every dispute;
(i) find a replacement Service Provider;
(j) obtain or guarantee a refund;
(k) recover Customer funds;
(l) provide telephone, email, or in-app support within a particular period;
(m) retain every communication or record indefinitely; or
(n) provide any particular feature, process, or level of service. FixDar may provide assistance in one matter without assuming an obligation to provide the same or similar assistance in another matter.
Using the Platform does not create a fiduciary, trustee, professional-adviser, agency, partnership, jointventure, employment, or similar relationship between the Customer and FixDar.
FixDar does not provide legal, tax, insurance, accounting, engineering, architectural, environmental, building-code, permit, safety, or other professional advice.
ALLOCATION
A Customer may post a Task by providing information about the requested Property Services.
The Customer must provide information that is accurate, complete, current, lawful, and not misleading to the best of the Customer’s knowledge.
FixDar may request additional information but is not required to verify every detail supplied by the Customer.
Posting a Task does not:
(a) guarantee that FixDar will distribute it;
(b) guarantee that it will be distributed to every potentially relevant Service Provider;
(c) guarantee that a Service Provider will review or accept it;
(d) guarantee that a Task Allocation will be made;
(e) guarantee that an Allocated Service Provider will respond;
(f) guarantee that a Service Provider will attend;
(g) require a Service Provider to provide a quotation;
(h) guarantee acceptable pricing, timing, workmanship, completion, or results;
(i) create a Service Agreement; or
(j) create an employment, agency, contractor, partnership, or fiduciary relationship with FixDar.
FixDar may distribute a Task:
(a) to a specific Service Provider selected by FixDar;
(b) to several Service Providers simultaneously;
(c) to all Service Providers whom FixDar considers potentially eligible or available;
(d) in stages or in a particular order;
(e) based on location, service category, stated availability, Platform activity, operational capacity, or other considerations;
(f) through an automated or partially automated process; or
(g) through another distribution method determined by FixDar. FixDar is not required to use the same distribution method for every Task.
A Task may be allocated:
(a) by FixDar directly selecting a Service Provider;
(b) to the first eligible Service Provider who accepts a distributed Task;
(c) through an automated or partially automated Platform process;
(d) after a Service Provider confirms availability;
(e) after communication between FixDar and a Service Provider;
(f) after an earlier Service Provider declines, cancels, becomes unavailable, or is removed; or
(g) through another method determined by FixDar.
FixDar may distribute or float a Task to multiple Service Providers and allocate it to the first Service Provider who accepts through the Platform or another authorized communication method.
First acceptance:
(a) may temporarily reserve or allocate the Task;
(b) does not create a Service Agreement with the Customer;
(c) does not require the Customer to accept a quotation;
(d) does not guarantee that the Service Provider will attend or perform the work;
(e) does not prevent FixDar from withdrawing or changing the Allocation;
(f) does not establish that the Service Provider is the most qualified or lowest-priced provider; and
(g) does not constitute an endorsement, certification, recommendation, or guarantee. FixDar may disregard, cancel, or reverse a first acceptance where FixDar reasonably believes that:
(a) the Service Provider accepted by mistake;
(b) the Task falls outside the Service Provider’s stated services, qualifications, location, or capacity;
(c) the Service Provider is unavailable;
(d) there is a safety, fraud, payment, Credential, legal, regulatory, reputational, or operational concern;
(e) another Service Provider is more appropriate for the circumstances;
(f) the Platform recorded an error;
(g) multiple Service Providers accepted at substantially the same time; or
(h) reassignment is otherwise reasonably appropriate.
FixDar may directly select and allocate a Task to a particular Service Provider without first distributing it to other Service Providers.
Direct Allocation may be based on information reasonably available to FixDar, including location, availability, service category, previous Platform activity, operational considerations, and information supplied by the Service Provider.
Direct Allocation does not mean FixDar independently verified, endorsed, certified, or guaranteed the Service Provider.
FixDar may consider factors including:
(a) service category;
(b) property location;
(c) Service Provider availability;
(d) response time;
(e) the order of acceptance;
(f) stated experience or service capabilities;
(g) operational capacity;
(h) previous Platform activity;
(i) available Credential information;
(j) previous Customer or Platform experience;
(k) safety, fraud, payment, or compliance concerns;
(l) Customer requirements;
(m) system functionality; and
(n) other operational considerations. FixDar is not required to disclose its internal allocation, ranking, routing, eligibility, fraud-detection, riskmanagement, or operational methods.
Unless FixDar expressly states otherwise, distribution of a Task does not give a Service Provider an exclusive right to receive, inspect, quote on, or perform the Task.
FixDar may distribute or discuss the same Task with more than one Service Provider before or after an Allocation.
FixDar may stop distributing a Task after an Allocation but is not obligated to do so immediately where Platform delays, technical issues, or operational circumstances occur.
A Service Provider independently decides whether to:
(a) review a distributed Task;
(b) accept or decline the opportunity;
(c) request more information;
(d) communicate with the Customer;
(e) inspect or assess the requested work;
(f) submit a quotation; or
(g) proceed after the Customer accepts the quotation. Acceptance of a Task by a Service Provider does not require the Customer to authorize the Property Services.
The Customer does not ordinarily browse and select the initial Service Provider from a public list through the Platform.
FixDar determines how the Task is distributed and which Service Provider is allocated.
The Customer remains free to:
(a) review the Service Provider’s quotation;
(b) ask reasonable questions;
(c) request available information;
(d) decline the quotation;
(e) decline to proceed with the Service Provider; or
(f) request that FixDar consider another Service Provider. FixDar does not guarantee that another Service Provider will be available or offer the same price, timing, terms, experience, or Credentials.
Allocation is an administrative marketplace function only.
An Allocation does not mean that:
(a) FixDar employs or controls the Service Provider;
(b) the Service Provider has entered into a Service Agreement with the Customer;
(c) the Customer has accepted a quotation;
(d) FixDar verified every Credential or representation;
(e) FixDar undertook to perform the Property Services;
(f) FixDar supervises the Property Services;
(g) the Service Provider is FixDar’s agent, representative, or subcontractor; or
(h) FixDar guarantees attendance, pricing, performance, workmanship, safety, completion, or results.
Where more than one Service Provider accepts a Task, FixDar may determine which Service Provider receives the Allocation.
FixDar may correct, cancel, or change an Allocation resulting from:
(a) a Platform error;
(b) simultaneous acceptances;
(c) inaccurate availability information;
(d) duplicate Tasks;
(e) fraudulent activity;
(f) unauthorized acceptance;
(g) communication failure;
(h) a Service Provider mistake; or
(i) another operational issue. No Customer or Service Provider obtains an irrevocable right merely because the Platform initially displayed the Task as accepted or assigned.
FixDar may allocate the same Service Provider to different or additional Tasks over time.
A previous Allocation, completed Task, Customer review, payment, or Platform history does not:
(a) guarantee future Tasks;
(b) create an ongoing employment or service relationship with FixDar;
(c) require FixDar to continue allocating Tasks to that Service Provider;
(d) guarantee that the Service Provider remains suitable, available, qualified, licensed, insured, or compliant; or
(e) prevent FixDar from changing how future Tasks are distributed. Each Task is a separate opportunity.
Service Providers are independent third parties responsible for their own conduct, decisions, representations, services, personnel, businesses, and legal obligations.
A Service Provider does not become an employee, worker, agent, partner, franchisee, joint venturer, representative, or subcontractor of FixDar merely because FixDar:
(a) permits the Service Provider to use the Platform;
(b) distributes a Task to the Service Provider;
(c) allocates or reassigns a Task;
(d) facilitates communication;
(e) schedules an appointment;
(f) transmits or displays a quotation;
(g) processes or collects payment;
(h) deducts commission;
(i) displays Task status; or
(j) assists with a complaint.
FixDar does not control or supervise the day-to-day manner, means, methods, sequence, tools, personnel, materials, safety practices, or professional judgment used by a Service Provider.
A Service Provider independently determines:
(a) whether to accept a Task;
(b) its availability;
(c) its quoted price;
(d) which services it offers;
(e) how it performs the work;
(f) which tools and materials it uses;
(g) whether it uses employees, helpers, or subcontractors; and
(h) how it complies with business, tax, licensing, insurance, employment, workplace, and regulatory obligations.
A Service Provider may perform services personally or through employees, helpers, technicians, apprentices, representatives, or subcontractors.
The Service Provider, not FixDar, is responsible for:
(a) selecting its personnel;
(b) confirming their identity;
(c) ensuring their qualifications and authorization;
(d) supervising their conduct;
(e) paying them;
(f) providing applicable insurance or workplace coverage; and
(g) their acts, omissions, workmanship, and misconduct.
No Service Provider is authorized to:
(a) enter into an agreement on behalf of FixDar;
(b) make guarantees on behalf of FixDar;
(c) accept legal liability on behalf of FixDar;
(d) represent that the Service Provider is employed by FixDar;
(e) represent that FixDar certified or guaranteed the Service Provider; or
(f) collect money as FixDar’s agent except where specifically authorized for a particular payment.
The Service Agreement is between the Customer and the Service Provider.
FixDar is not a party merely because it:
(a) distributed or allocated the Task;
(b) introduced the parties;
(c) facilitated communication;
(d) transmitted a quotation;
(e) recorded acceptance;
(f) scheduled an appointment;
(g) received or processed payment;
(h) deducted commission;
(i) displayed status information; or
(j) assisted with a complaint.
FixDar may permit Service Providers to enroll using information supplied by or on behalf of the Service Provider.
Enrollment, profile activation, Platform access, Task Distribution, or Task Allocation does not mean FixDar independently verified, approved, endorsed, certified, or guaranteed the Service Provider.
Unless FixDar expressly states otherwise regarding a specific check, FixDar is not required to conduct:
(a) criminal-background checks;
(b) police-record checks;
(c) identity authentication;
(d) reference checks;
(e) credit checks;
(f) litigation searches;
(g) disciplinary-record searches;
(h) immigration or work-authorization checks;
(i) business-registration searches;
(j) licence or insurance authentication; or
(k) continuous monitoring of public records.
FixDar may allow or request Service Providers to submit Credentials concerning identity, business status, experience, licences, permits, certifications, training, insurance, or qualifications.
Some Service Providers may submit no Credentials. Others may submit only some Credentials.
A Credential may:
(a) apply only to a particular person or entity;
(b) apply only to a particular service or location;
(c) expire or change after submission;
(d) be inaccurate, incomplete, altered, forged, suspended, cancelled, or revoked;
(e) not apply to the individual attending the property; or
(f) be insufficient for the requested work.
Unless FixDar expressly states that it completed a specific verification and identifies its scope and date, FixDar does not authenticate or guarantee:
(a) the authenticity of a Credential;
(b) the identity of the individual named;
(c) the legitimacy of the issuing organization;
(d) current validity;
(e) legal sufficiency;
(f) applicability to a particular service or location;
(g) whether restrictions or exclusions apply;
(h) whether insurance covers a particular loss;
(i) whether renewal requirements have been satisfied; or
(j) whether information remains accurate after submission.
Where used, the following labels have limited meanings:
Credential Not Provided means FixDar does not currently have the identified Credential on file for display.
Provider-Submitted Credential — Not Independently Verified means the information or document was supplied by or on behalf of the Service Provider and was not independently authenticated by FixDar.
Verified by FixDar as of [Date] means FixDar completed only the specific check expressly described using information reasonably available on the stated date.
No Credential label guarantees competence, workmanship, safety, honesty, insurance coverage, legal compliance, project completion, or future conduct.
FixDar is not required to continuously monitor:
(a) licences;
(b) permits;
(c) registrations;
(d) insurance policies;
(e) certifications;
(f) disciplinary records;
(g) complaints;
(h) legal proceedings;
(i) public databases; or
(j) changes in a Service Provider’s circumstances or status.
FixDar may, but is not obligated to:
(a) request information;
(b) request updated Credentials;
(c) restrict service categories;
(d) remove profile information;
(e) suspend a Service Provider;
(f) terminate Platform access; or
(g) report concerns to an authority. FixDar’s ability to take such action does not create a duty to discover, prevent, investigate, or act upon every concern.
FixDar does not guarantee that a Service Provider is or will remain:
(a) qualified;
(b) competent;
(c) licensed;
(d) certified;
(e) registered;
(f) insured;
(g) bonded;
(h) incorporated;
(i) financially solvent;
(j) experienced;
(k) trustworthy;
(l) honest;
(m) safe;
(n) legally compliant;
(o) available; or
(p) suitable for a particular Customer or Task.
A Task Allocation, profile, badge, review, rating, ranking, status, introduction, or featured placement is not an endorsement, certification, representation, warranty, or guarantee by FixDar.
FixDar’s Allocation may be based partly or entirely on information supplied by the Service Provider or information that FixDar has not independently authenticated.
FixDar does not guarantee that:
(a) the individual attending is the person named in a profile;
(b) the individual attending holds a displayed Credential;
(c) the Service Provider will personally perform or supervise the work;
(d) all helpers or subcontractors will be disclosed;
(e) the Service Provider will attend at the scheduled time; or
(f) the same individual will attend throughout the Task.
SERVICE PROVIDER
FixDar determines how the Task is distributed and initially allocated, but the Customer remains responsible for deciding whether to accept the Allocated Service Provider’s quotation and authorize the Property Services.
Before authorizing regulated, hazardous, specialized, technical, or high-value work, the Customer should independently consider requesting and reviewing:
(a) legal identity;
(b) business information;
(c) licences and registrations;
(d) certifications;
(e) insurance;
(f) relevant experience;
(g) references;
(h) warranty terms;
(i) permit requirements; and
(j) the identity and qualifications of the individual performing the work.
The Customer must not interpret FixDar’s Allocation as confirmation that the Service Provider is licensed, insured, qualified, experienced, competent, trustworthy, safe, suitable, or legally authorized to perform the requested work.
FixDar is not responsible for the Customer’s decision to proceed solely because FixDar distributed or allocated the Task.
The Customer must provide accurate, current, complete, and lawful information.
The Customer must promptly update information that becomes inaccurate or incomplete.
The Customer is responsible for:
(a) maintaining the confidentiality of login information;
(b) protecting the Customer’s device;
(c) preventing unauthorized account access;
(d) activity occurring through the account, subject to applicable law; and
(e) notifying FixDar of suspected unauthorized access.
The Customer must not:
(a) impersonate another person;
(b) create an account using false information;
(c) access another person’s account;
(d) share an account for fraudulent purposes;
(e) bypass security features;
(f) interfere with Platform operation; or
(g) use automated tools without authorization.
FixDar may reasonably rely on instructions, acceptance, authorizations, messages, and activity submitted through a Customer account until notified that the account may be compromised.
The Customer represents that the Customer has authority to request and authorize Property Services at the relevant property.
The Customer is responsible for obtaining any required approval from:
(a) the property owner;
(b) landlord;
(c) tenant;
(d) condominium corporation;
(e) property manager;
(f) lender;
(g) insurer;
(h) utility provider;
(i) governmental authority; or
(j) another person with relevant rights.
The Customer must not request services that interfere with another person’s property, tenancy, contractual, privacy, security, or legal rights.
FixDar and Service Providers may rely on the information supplied in a Task.
The Customer is responsible for accurately describing:
(a) the requested service;
(b) the location;
(c) known defects or damage;
(d) relevant measurements;
(e) existing materials or systems;
(f) access restrictions;
(g) known safety hazards;
(h) previous work;
(i) preferred timing; and
(j) other material circumstances.
FixDar is not responsible for quotation errors, delays, cancellations, additional charges, property damage, or other consequences resulting from inaccurate, incomplete, outdated, or concealed information supplied by the Customer.
The Customer understands that FixDar may disclose relevant Task information to one or more Service Providers for purposes of:
(a) determining interest or availability;
(b) assessing whether a Service Provider can perform the work;
(c) allowing a Service Provider to accept or decline;
(d) preparing a quotation;
(e) arranging an inspection or appointment; and
(f) performing or administering the Property Services. Where a Task is floated to multiple Service Providers, more than one Service Provider may receive or view relevant Task information.
An Allocated Service Provider may request or offer an on-site or remote inspection before quoting or performing work.
Unless expressly stated otherwise, the inspection is conducted independently by the Service Provider, not FixDar.
FixDar’s assignment or scheduling of an inspection does not mean FixDar conducts, supervises, approves, certifies, or guarantees it.
An inspection may be visual, preliminary, non-invasive, or based on Customer-supplied information.
It may not identify:
(a) concealed defects;
(b) defects behind walls, floors, ceilings, appliances, or fixtures;
(c) structural problems;
(d) mould, asbestos, lead, or contamination;
(e) underground or inaccessible conditions;
(f) code violations;
(g) latent damage;
(h) previous defective work; or
(i) conditions not reasonably observable.
Unless expressly identified in writing, an inspection is not a certified engineering, architectural, structural, electrical, plumbing, gas, environmental, building-code, real-estate, insurance, or safety inspection.
FixDar is not responsible for a Service Provider’s inspection, diagnosis, measurement, recommendation, conclusion, or omission.
Service Providers independently prepare and determine their quotations.
FixDar may transmit, display, store, or administratively facilitate a quotation but does not determine or guarantee its accuracy, completeness, legality, competitiveness, or suitability.
The fact that FixDar allocated the Service Provider does not mean FixDar approved the quotation or recommended that the Customer accept it.
The Customer is responsible for reviewing the quotation before acceptance, including:
(a) the Service Provider’s identity;
(b) the scope of work;
(c) included and excluded services;
(d) labour;
(e) materials;
(f) taxes;
(g) permit, rental, travel, or disposal costs;
(h) payment terms;
(i) deposit requirements;
(j) estimated timing;
(k) cancellation terms; and
(l) warranty terms, if any.
The Customer must not assume that verbal discussions, photographs, examples, advertisements, or work not expressly included in the accepted quotation are part of the Service Agreement.
Any general pricing, service description, estimate, range, or other information provided before the Service Provider evaluates the work is informational only unless expressly identified as a binding quotation.
FixDar is not responsible for quotation errors, changes, delays, or additional costs resulting from inaccurate, incomplete, outdated, or concealed information supplied by the Customer.
Task Posting, Task Distribution, Service Provider acceptance, Allocation, or reassignment does not itself create a Service Agreement.
A Service Agreement may be formed when the Customer:
(a) accepts the Service Provider’s quotation through the Platform;
(b) approves the quotation electronically or in writing;
(c) pays an agreed deposit;
(d) authorizes the Service Provider to begin work; or
(e) otherwise clearly accepts the Service Provider’s offer.
The Customer and Service Provider are the parties to the Service Agreement.
FixDar is not a party merely because it distributed, allocated, assigned, transferred, or reassigned the Task.
The scope, price, materials, or timing may change where:
(a) concealed conditions are discovered;
(b) Customer information was incomplete or inaccurate;
(c) the Customer requests additional work;
(d) materials are unavailable;
(e) code, safety, or permit requirements affect the work;
(f) previous work is defective;
(g) access is restricted;
(h) hazardous conditions are discovered; or
(i) circumstances outside reasonable control arise.
Except in a genuine emergency, additional work or increased charges should be approved by the Customer before the work is performed.
Approval may be given through the Platform, in writing, electronically, verbally where clearly recorded or acknowledged, or through another clear method.
The Customer may be responsible for reasonable work necessary to prevent imminent personal injury or significant property damage where prior authorization could not reasonably be obtained, subject to applicable law.
FixDar is not responsible for disputes concerning whether work was included, necessary, approved, properly priced, completed, or performed to an acceptable standard.
Appointment times, arrival windows, start dates, completion dates, and project durations are estimates unless expressly guaranteed in writing by the Service Provider.
Appointments or work may be delayed, shortened, rescheduled, or cancelled because of:
(a) traffic;
(b) weather;
(c) illness;
(d) emergencies;
(e) material shortages;
(f) equipment failure;
(g) previous appointments;
(h) permit or inspection delays;
(i) restricted access;
(j) labour availability;
(k) utility interruption; or
(l) circumstances outside reasonable control.
FixDar is not responsible for lost time, missed work, lost business, inconvenience, temporary accommodation, alternate-service costs, or other losses arising from delays, cancellations, rescheduling, or failure to attend.
The Customer must provide lawful, safe, and timely access.
The Customer is responsible for:
(a) providing the correct address and access information;
(b) obtaining building or condominium approval;
(c) arranging parking where reasonably necessary;
(d) providing access to relevant utilities and equipment;
(e) removing obstructions;
(f) identifying valuable or fragile property;
(g) securing confidential information and valuables;
(h) supervising minors;
(i) securing pets; and
(j) ensuring lawful entry.
Where the Customer authorizes lockbox, key, smart-lock, concierge, unattended, or third-party access, the Customer accepts the ordinary risks associated with that method.
FixDar does not take possession or custody of the premises, keys, access codes, property, or materials merely because access information is communicated through the Platform.
The Customer must provide a reasonably safe worksite and disclose known or reasonably suspected hazards.
Hazards may include:
(a) asbestos;
(b) mould;
(c) lead;
(d) chemicals;
(e) biohazards;
(f) infestation;
(g) structural instability;
(h) electrical hazards;
(i) gas leaks;
(j) water damage;
(k) dangerous animals;
(l) weapons;
(m) illegal activity;
(n) contaminated materials;
(o) threatening occupants;
(p) underground utilities; or
(q) other dangerous conditions.
A Service Provider may refuse, suspend, or stop work where conditions appear unsafe, unlawful, materially different from those disclosed, or outside the Service Provider’s qualifications.
FixDar may also suspend, withdraw, or close a Task where FixDar reasonably believes that continuing Platform involvement presents a safety, legal, financial, security, operational, or reputational risk.
The Customer is responsible for reasonable and lawfully chargeable costs caused by denied access, undisclosed hazards, unsafe conditions, inaccurate information, or failure to prepare the worksite.
The Customer must keep children, pets, occupants, visitors, employees, and bystanders reasonably clear of the work area and follow reasonable safety instructions.
The Service Provider is solely responsible for:
(a) determining which legal requirements apply;
(b) holding every required licence, permit, registration, certification, authorization, and insurance policy;
(c) performing work only within the scope of its legal authorization;
(d) ensuring its personnel are properly authorized;
(e) complying with building codes, safety requirements, inspections, and permit conditions; and
(f) maintaining required qualifications throughout the work.
FixDar does not authorize any person to perform work that the person is not legally qualified or permitted to perform.
A Service Provider’s presence on the Platform does not establish that the Service Provider may lawfully perform every listed service or Task.
The fact that FixDar did not request or display a Credential does not mean that the Credential is unnecessary.
The quotation or Service Agreement should identify who is responsible for permits, approvals, and related fees.
Unless otherwise agreed, the Customer remains responsible for property-owner, landlord, condominium, building-management, lender, and insurer approvals.
FixDar does not guarantee:
(a) whether a permit is required;
(b) that a permit will be issued;
(c) that work will pass inspection;
(d) that a Service Provider is properly licensed;
(e) that plans comply with law; or
(f) that an authority will approve the work.
The quotation should identify whether materials are supplied by the Customer or Service Provider.
Where the Customer supplies materials, the Customer is responsible for ensuring they are correct, complete, safe, lawful, compatible, undamaged, available, and suitable.
A Service Provider may refuse to install materials reasonably believed to be unsafe, defective, counterfeit, recalled, incompatible, incomplete, unsuitable, or unlawful.
FixDar is not responsible for:
(a) product defects;
(b) recalls;
(c) compatibility;
(d) delivery delays;
(e) discontinued products;
(f) colour or finish differences;
(g) Customer selections;
(h) manufacturer warranties; or
(i) additional labour caused by unsuitable materials. Product warranties are provided by the applicable manufacturer, retailer, supplier, or Service Provider, not FixDar.
FixDar may earn a commission, Platform fee, referral fee, or other agreed compensation from a Service Provider in connection with Property Services obtained through the Platform.
FixDar’s commission is earned from and payable by the Service Provider under a separate agreement between FixDar and that Service Provider.
Unless a separate Customer charge is clearly disclosed and expressly accepted before a transaction, FixDar’s commission is not an additional fee separately payable by the Customer.
The Service Provider independently determines the price quoted to the Customer. FixDar does not guarantee or represent how the Service Provider calculates that price.
FixDar’s right to receive compensation from the Service Provider does not:
(a) make FixDar the supplier or performer of Property Services;
(b) make the Service Provider a FixDar employee or agent;
(c) make FixDar a party to the Service Agreement;
(d) transfer responsibility for Property Services to FixDar;
(e) constitute supervision or control;
(f) constitute an endorsement or guarantee; or
(g) create a fiduciary, employment, partnership, joint-venture, contractor, or agency relationship.
Commission received by FixDar does not create a Customer compensation fund, insurance policy, trust, warranty fund, escrow arrangement, or guarantee against Service Provider default, damage, fraud, insolvency, or misconduct.
The Customer must pay amounts properly disclosed and authorized under:
(a) the accepted quotation;
(b) approved additional work;
(c) an authorized invoice;
(d) an applicable and properly disclosed cancellation, inspection, travel, material, restocking, processing, or no-access charge; and
(e) another transaction-specific amount accepted by the Customer.
A complaint or dispute concerning part of the Property Services does not automatically eliminate the Customer’s responsibility to pay an undisputed amount lawfully owing.
Nothing in this provision restricts a right that cannot legally be waived.
Depending on the transaction, payment may be made:
(a) directly by the Customer to the Service Provider;
(b) through a third-party payment processor or gateway available through the Platform;
(c) to FixDar for collection on behalf of the Service Provider; or
(d) through another payment arrangement disclosed before payment. The available payment route may differ between Tasks.
The receipt, routing, processing, recording, deduction, reconciliation, transfer, or remittance of payment through or to FixDar does not, by itself:
(a) make FixDar the supplier or performer of Property Services;
(b) make FixDar a general contractor;
(c) make FixDar a party to the Service Agreement;
(d) transfer responsibility for the work to FixDar;
(e) make the Service Provider a FixDar employee or agent; or
(f) create a workmanship or refund guarantee.
Where permitted, the Customer may pay the Service Provider directly.
The Customer is responsible for:
(a) confirming the correct payment recipient;
(b) using a payment method accepted by the Service Provider;
(c) retaining available proof of payment; and
(d) confirming that payment instructions are genuine.
For direct payments, the Service Provider is responsible for:
(a) issuing any required invoice or receipt;
(b) tax collection and remittance;
(c) holding and accounting for deposits;
(d) processing any refund properly owing; and
(e) resolving payment disputes with the Customer.
FixDar does not guarantee that:
(a) the Service Provider will issue a receipt;
(b) taxes will be properly handled;
(c) funds will be recoverable;
(d) a refund will be issued;
(e) a financial institution will reverse payment;
(f) the Service Provider will remain solvent or available; or
(g) a payment dispute will be resolved.
FIXDAR
Payments may be processed using a third-party processor, gateway, financial institution, card network, bank-transfer service, digital wallet, or other payment service.
The Customer authorizes the applicable service to process authorized amounts and permits FixDar to transmit information reasonably necessary to administer the transaction.
Where FixDar receives payment for Property Services on behalf of a Service Provider, FixDar acts solely as the Service Provider’s limited payment-collection agent for purposes that may include:
(a) accepting authorized Customer payments;
(b) recording and reconciling payment;
(c) deducting commission and other amounts owed or authorized by the Service Provider;
(d) deducting refunds, chargebacks, adjustments, taxes, or processing costs where applicable;
(e) transferring or arranging transfer of the remaining amount to the Service Provider; and
(f) maintaining payment-related records. FixDar earns its commission from the Service Provider. Deducting commission from funds collected for the Service Provider does not mean that the Customer separately paid commission to FixDar.
Payment to FixDar on behalf of a Service Provider discharges the corresponding Customer payment obligation only to the extent the payment is successfully received and not reversed.
Where payment is cancelled, dishonoured, charged back, reversed, or unauthorized, the corresponding payment obligation may be reinstated to the extent permitted by law.
FixDar may, but is not obligated to, delay, restrict, withhold, reverse, cancel, or condition a payment or remittance where FixDar reasonably believes that:
(a) fraud may have occurred;
(b) payment may be unauthorized;
(c) a chargeback or reversal may occur;
(d) identity requires confirmation;
(e) a transaction contains an error;
(f) a complaint or dispute has been raised;
(g) work may not have been completed;
(h) Platform rules may have been violated;
(i) the Service Provider owes amounts to FixDar; or
(j) a processor, financial institution, court, regulator, or law requires or permits the action.
Unless expressly agreed otherwise in writing, FixDar does not provide escrow, trust, banking, lending, insurance, or deposit-protection services.
Payment through or to FixDar does not guarantee:
(a) completion of work;
(b) workmanship;
(c) recovery of a deposit;
(d) a refund;
(e) reimbursement for damage;
(f) a warranty claim; or
(g) protection from Service Provider fraud or insolvency.
FixDar is not responsible for:
(a) processor or gateway outages;
(b) banking failures;
(c) card declines;
(d) processor security incidents;
(e) chargeback decisions;
(f) foreign-exchange or bank fees;
(g) insufficient funds;
(h) third-party payment holds;
(i) settlement delays; or
(j) payment-method restrictions.
A Service Provider may require a deposit or milestone payment where disclosed.
A deposit may be paid directly to the Service Provider, through a gateway, or to FixDar on behalf of the Service Provider.
Before paying a deposit, the Customer should review:
(a) the amount;
(b) the recipient;
(c) whether it is refundable;
(d) what it covers;
(e) when further payments are due; and
(f) applicable cancellation terms.
The Service Provider remains responsible for accounting for, applying, and refunding any deposit properly owing in connection with the Property Services.
Unless FixDar expressly provides a written guarantee, FixDar does not guarantee recovery of a deposit paid to or for a Service Provider.
The Service Provider is responsible for determining, charging, collecting, reporting, and remitting taxes applicable to the Property Services unless applicable law places a particular obligation on another party.
FixDar may calculate, display, collect, deduct, report, or remit certain taxes where required or permitted.
FixDar does not guarantee a Service Provider’s tax registration, reporting, invoicing, collection, or remittance.
AND REASSIGNMENT
The Customer may request cancellation of a Task or appointment through an available Platform or communication channel.
Cancellation may remain subject to:
(a) amounts owing for Property Services already authorized or performed;
(b) materials already purchased, ordered, customized, delivered, or made non-returnable;
(c) permits, disposal services, rentals, or third-party expenses already incurred;
(d) reasonable and previously disclosed cancellation, travel, inspection, no-access, restocking, or processing charges;
(e) the accepted quotation and approved changes;
(f) the Service Provider’s lawful cancellation terms; and
(g) applicable law. Nothing in this Agreement limits a Customer cancellation or refund right that cannot legally be waived.
A Service Provider may decline, cancel, or withdraw from a Task where:
(a) the Service Provider is unavailable;
(b) the Customer does not accept the quotation;
(c) the Customer fails to provide required information or access;
(d) the property or worksite is unsafe;
(e) the requested work is unlawful or outside the Service Provider’s qualifications;
(f) actual conditions materially differ from the Task description;
(g) payment requirements are not satisfied;
(h) the Customer requests materially different or additional work;
(i) harassment, threats, discrimination, fraud, or misconduct occurs;
(j) required permits, approvals, materials, personnel, or equipment are unavailable; or
(k) the Service Provider otherwise decides not to proceed, subject to existing legal and contractual obligations. A Service Provider’s cancellation or withdrawal does not make FixDar responsible for completing the Property Services or locating a replacement.
To the maximum extent permitted by law, FixDar may, at any time and in its discretion:
(a) decline a Task;
(b) stop distributing or floating a Task;
(c) cancel, close, pause, suspend, or remove a Task from the Platform;
(d) withdraw a Task from a Service Provider;
(e) cancel or reverse an Allocation;
(f) redistribute or reassign the Task;
(g) prevent further quotations, scheduling, communications, or payments through the Platform;
(h) suspend FixDar’s involvement in the Task; or
(i) discontinue providing Platform Services in connection with the Task. FixDar may take such action before or after a Service Provider accepts the Task and before or after a quotation is submitted or accepted.
FixDar may cancel, withdraw, suspend, or reassign a Task for reasons including:
(a) Service Provider unavailability;
(b) failure to respond or attend;
(c) cancellation by the Customer or Service Provider;
(d) safety concerns;
(e) suspected fraud or unauthorized activity;
(f) payment risk, chargebacks, or payment failure;
(g) complaints or disputes;
(h) Credential, licensing, insurance, or qualification concerns;
(i) inaccurate, incomplete, or misleading information;
(j) unlawful or prohibited services;
(k) harassment, threats, abuse, or misconduct;
(l) Platform errors or duplicate Tasks;
(m) operational capacity or resource limitations;
(n) changes to the Task or requested scope;
(o) geographic or service-category limitations;
(p) technical or third-party service failures;
(q) breach of this Agreement or Platform rules;
(r) reputational, legal, regulatory, or financial risk; or
(s) another reason FixDar reasonably considers appropriate for the operation, safety, integrity, or protection of the Platform. FixDar is not required to establish legal fault or complete a formal investigation before taking reasonable protective or operational action.
FixDar may attempt to provide notice of cancellation, withdrawal, suspension, or reassignment through an available communication channel.
FixDar does not guarantee advance notice where immediate action is reasonably necessary or where FixDar lacks sufficient information, capacity, or ability to provide advance notice.
Where a Task is cancelled or withdrawn before the Customer and Service Provider form a Service Agreement:
(a) neither party is required to proceed merely because the Task was posted, distributed, accepted, or allocated;
(b) FixDar is not required to allocate another Service Provider;
(c) FixDar does not guarantee an alternative quotation, appointment, or provider; and
(d) neither the Customer nor Service Provider obtains an irrevocable right to the Task.
Where the Customer and Service Provider have formed a Service Agreement, FixDar’s cancellation, withdrawal, suspension, or removal of the Task from the Platform:
(a) ends or limits FixDar’s further Platform involvement to the extent determined by FixDar;
(b) does not automatically cancel or rescind the separate Service Agreement;
(c) does not eliminate amounts lawfully owing for authorized work, materials, expenses, refunds, or other accrued obligations;
(d) does not transfer responsibility for Property Services to FixDar;
(e) does not make FixDar responsible for completing, correcting, warranting, or supervising the work; and
(f) does not prevent the Customer and Service Provider from resolving remaining obligations directly. FixDar may administratively mark a Task as cancelled, closed, suspended, reassigned, or withdrawn without determining the legal rights or fault of either party.
Where Property Services have begun, FixDar may:
(a) stop providing Platform facilitation;
(b) restrict further Platform communications or payments;
(c) remove or suspend the Service Provider;
(d) close or suspend the Task;
(e) attempt to allocate another Service Provider for remaining work; or
(f) require the parties to address existing work, materials, payments, warranties, and responsibilities directly. FixDar does not guarantee that another Service Provider will:
(a) accept the remaining work;
(b) continue from the same stage;
(c) use existing materials;
(d) honour the original price;
(e) accept responsibility for previous work;
(f) correct defects caused by another provider; or
(g) provide the same schedule or warranty.
FixDar may reassign a Task to another Service Provider where FixDar considers reassignment appropriate.
Reassignment does not:
(a) mean the original Service Provider was at fault;
(b) mean the new Service Provider accepts responsibility for earlier work;
(c) guarantee that the new Service Provider will provide the same quotation, schedule, materials, scope, or warranty;
(d) require the Customer to accept the new Service Provider’s quotation; or
(e) make FixDar responsible for either Service Provider’s work. Each newly allocated Service Provider may independently inspect the property, determine the remaining scope, and submit a new quotation.
FixDar may attempt to redistribute or reassign a Task but is not obligated to locate or provide a replacement.
FixDar does not guarantee that a replacement Service Provider will:
(a) be available;
(b) respond;
(c) attend;
(d) offer the same price;
(e) meet the same schedule;
(f) possess the same experience or Credentials; or
(g) agree to complete or correct another Service Provider’s work.
To the maximum extent permitted by law, FixDar is not liable for losses arising from:
(a) declining or cancelling a Task;
(b) withdrawing an Allocation;
(c) stopping Task Distribution;
(d) suspending Platform involvement;
(e) changing or reassigning a Service Provider;
(f) failing to locate a replacement Service Provider;
(g) interruption or delay caused by cancellation or reassignment;
(h) differences in price, availability, scope, materials, timing, or warranty offered by another Service Provider; or
(i) remaining obligations under the separate Service Agreement.
FixDar may exercise its cancellation, withdrawal, suspension, and reassignment rights based on the information and resources reasonably available to it.
FixDar is not required to conduct a complete investigation, hold a hearing, determine legal fault, or exhaust alternative measures before acting.
FixDar’s decision to assist, reassign, refund, credit, or take another action in one matter does not create an obligation to take the same action in another matter.
REFUNDS AND CLAIMS
As between the Customer, Service Provider, and FixDar, and except to the extent applicable law imposes a non-waivable obligation directly on FixDar, the Service Provider is solely responsible for addressing and satisfying any refund, credit, reimbursement, repair, correction, replacement, warranty, compensation, or other remedy arising from or relating to the Property Services.
This includes claims concerning:
(a) deposits paid for Property Services;
(b) cancelled or abandoned work;
(c) work that was not started;
(d) incomplete, delayed, defective, unsafe, or unsatisfactory work;
(e) unauthorized or disputed additional work;
(f) overcharges or pricing disputes;
(g) defective, unsuitable, missing, or undelivered materials;
(h) failure to attend or complete the Task;
(i) failure to honour a workmanship warranty;
(j) property damage;
(k) bodily injury or death;
(l) theft, loss, fraud, harassment, or misconduct;
(m) permits, inspections, licences, regulatory compliance, or code violations;
(n) acts or omissions of the Service Provider’s personnel; and
(o) any other act, omission, representation, obligation, or breach by the Service Provider.
Except where applicable law imposes a direct, non-waivable obligation on FixDar, service-related claims must be pursued against the Service Provider that quoted, supplied, arranged, supervised, or performed the Property Services.
FixDar is not responsible for paying, satisfying, guaranteeing, insuring, enforcing, or assuming the Service Provider’s refund, warranty, repair, reimbursement, compensation, or other obligation.
FixDar’s receipt of commission or compensation from the Service Provider does not make FixDar responsible for:
(a) the Service Provider’s quotation;
(b) the Customer’s payment for Property Services;
(c) deposits received by or for the Service Provider;
(d) Property Services performed or not performed;
(e) refunds or credits owed by the Service Provider;
(f) warranties offered by the Service Provider;
(g) damage or injury caused by the Service Provider; or
(h) another Service Provider obligation.
Where FixDar receives or processes payment on behalf of a Service Provider, FixDar acts only as the Service Provider’s limited payment-collection agent.
FixDar’s receipt, processing, recording, deduction, reconciliation, transfer, or remittance of payment does not transfer the Service Provider’s refund, warranty, compensation, or other service-related obligations to FixDar.
The Service Provider remains responsible for any refund or other amount properly owing in connection with the Property Services.
FixDar may, but is not obligated to, facilitate or process a refund, credit, reversal, or adjustment on behalf of a Service Provider.
Where FixDar does so:
(a) FixDar acts only as an administrative payment facilitator;
(b) the refund remains the Service Provider’s responsibility;
(c) FixDar may deduct the amount from funds otherwise payable to the Service Provider;
(d) FixDar may request that the Service Provider provide funds necessary to complete the refund;
(e) FixDar may adjust the Service Provider’s commission, balance, or future remittances where permitted;
(f) FixDar may be unable to complete the refund where sufficient funds are unavailable, payment has already been remitted, the processor refuses the transaction, or legal or technical restrictions apply; and
(g) processing a refund does not constitute an admission of liability by FixDar.
Unless required by applicable law or expressly agreed in a separate written agreement signed by an authorized FixDar officer, FixDar is not required to use its own funds to:
(a) refund a Customer for Property Services;
(b) reimburse a deposit paid to or for a Service Provider;
(c) pay for replacement services;
(d) correct or complete a Service Provider’s work;
(e) compensate for property damage, injury, or death;
(f) satisfy a Service Provider’s warranty;
(g) cover a Service Provider’s insolvency, disappearance, fraud, or refusal to pay; or
(h) satisfy a judgment or settlement against a Service Provider.
Where the Customer pays the Service Provider directly, all refund, reimbursement, receipt, tax, payment, and collection matters relating to that payment are between the Customer and Service Provider.
FixDar has no possession or control of those funds and does not guarantee their recovery.
Where FixDar collects funds for a Service Provider, FixDar may remit those funds after deducting commission and other authorized amounts.
If a refund dispute arises after funds have been remitted, the Service Provider remains responsible for providing any refund properly owing.
FixDar is not responsible merely because it previously possessed, processed, or remitted the payment.
This section does not eliminate FixDar’s responsibility for an amount that:
(a) was expressly charged directly by FixDar for a Platform Service supplied by FixDar;
(b) was collected by FixDar in error and was not payable to a Service Provider;
(c) resulted from duplicate processing directly caused by FixDar’s systems; or
(d) FixDar is legally required to refund. This exception does not make FixDar responsible for the underlying Property Services.
Cancellation, withdrawal, suspension, closure, redistribution, or reassignment of a Task does not automatically entitle the Customer to a full or partial refund.
A refund will depend on:
(a) work already authorized or performed;
(b) materials already purchased, ordered, customized, delivered, installed, or made non-returnable;
(c) permits, rentals, disposal fees, travel, inspections, or other expenses incurred;
(d) the accepted quotation;
(e) approved changes;
(f) the reason for cancellation;
(g) the Service Provider’s lawful cancellation terms;
(h) payment-processor rules; and
(i) applicable law. The Service Provider remains responsible for determining and paying any refund properly owing for the Property Services.
FixDar’s cancellation, closure, withdrawal, suspension, redistribution, or reassignment of a Task does not:
(a) make FixDar responsible for refunding the Customer;
(b) transfer the Service Provider’s obligations to FixDar;
(c) make FixDar responsible for completing or correcting the work;
(d) make FixDar responsible for materials or deposits;
(e) constitute an admission of fault;
(f) automatically terminate the separate Service Agreement; or
(g) eliminate obligations already incurred by the Customer or Service Provider.
Where FixDar allocates a new Service Provider:
(a) the new Service Provider is not responsible for the original Service Provider’s acts or omissions unless the new Service Provider expressly agrees;
(b) the original Service Provider remains responsible for its own work, materials, payments, warranties, damage, refunds, and other obligations;
(c) FixDar does not assume responsibility for either Service Provider;
(d) the new Service Provider may inspect the property and issue a new quotation;
(e) the Customer may decline the new quotation; and
(f) FixDar does not guarantee that the original price, scope, schedule, materials, or warranty will continue.
FixDar is not responsible where a Service Provider:
(a) becomes insolvent or bankrupt;
(b) closes or ceases operating;
(c) cannot be contacted;
(d) leaves the Platform;
(e) is suspended or terminated;
(f) refuses to issue a refund;
(g) lacks sufficient funds;
(h) lacks insurance coverage; or
(i) fails to satisfy a claim, judgment, settlement, warranty, or other obligation. FixDar is not a guarantor of the Service Provider’s financial capacity, solvency, insurance, or continued availability.
FixDar may, but is not obligated to:
(a) receive a complaint;
(b) request documents or photographs;
(c) communicate with the Service Provider;
(d) place a permitted payment restriction;
(e) ask the Service Provider to consider a refund;
(f) process a refund authorized or funded by the Service Provider;
(g) suspend the Service Provider; or
(h) reassign the Task. FixDar is not required to:
(a) conduct a complete investigation;
(b) inspect the work;
(c) determine legal fault;
(d) determine the value of a claim;
(e) obtain expert evidence;
(f) act as an adjudicator, mediator, arbitrator, insurer, or collection agency;
(g) compel the Service Provider to issue a refund;
(h) recover funds already paid or remitted;
(i) commence legal proceedings; or
(j) guarantee an outcome.
Any assistance, communication, credit, refund processing, payment restriction, reassignment, account suspension, or other action taken by FixDar:
(a) is voluntary and administrative unless required by law;
(b) does not constitute an admission of liability;
(c) does not establish that FixDar supplied the Property Services;
(d) does not create a duty to take the same action in another matter; and
(e) does not waive FixDar’s disclaimers, releases, liability limitations, indemnities, or other rights.
Where the Customer initiates a chargeback or payment reversal relating to Property Services:
(a) FixDar may provide Transaction Records to the payment processor or financial institution;
(b) the Service Provider remains responsible for the underlying dispute;
(c) FixDar may deduct the chargeback, refund, processor fee, penalty, or related amount from funds owing to the Service Provider;
(d) FixDar may suspend payment or Platform access while the matter is reviewed; and
(e) FixDar’s participation in the chargeback process does not mean FixDar supplied or guaranteed the Property Services.
The Customer must not submit a knowingly false, duplicate, misleading, or abusive chargeback.
Nothing in this section restricts a legitimate chargeback, statutory right, or payment-network right that cannot legally be waived.
FixDar may display or maintain information concerning:
(a) Task submission;
(b) Task Distribution;
(c) Service Provider acceptance;
(d) Allocation or reassignment;
(e) quotation status;
(f) appointment status;
(g) work progress;
(h) reported completion;
(i) payment status; or
(j) complaint status.
Status information may be based on information supplied by:
(a) the Customer;
(b) the Service Provider;
(c) a payment processor;
(d) another technology provider; or
(e) other available records.
Status information may be delayed, incomplete, inaccurate, outdated, or inconsistent.
FixDar does not independently inspect work merely because a Task is marked accepted, started, completed, cancelled, disputed, or paid.
A displayed status does not constitute:
(a) certification of completion;
(b) approval of workmanship;
(c) confirmation that all payment obligations have been satisfied;
(d) acceptance of liability;
(e) confirmation of legal compliance; or
(f) a guarantee by FixDar.
The Service Provider is solely responsible for the quality, safety, legality, completeness, and suitability of Property Services.
FixDar does not guarantee:
(a) workmanship;
(b) materials;
(c) design;
(d) aesthetic results;
(e) code compliance;
(f) project completion;
(g) repair success;
(h) durability;
(i) compatibility;
(j) cleanliness;
(k) absence of defects; or
(l) Customer satisfaction.
FixDar is not responsible for:
(a) pre-existing damage;
(b) ordinary wear;
(c) deterioration;
(d) concealed conditions;
(e) previous defective work;
(f) latent defects; or
(g) conditions outside the agreed scope.
Any workmanship warranty must be provided by the Service Provider and should be stated in writing.
FixDar does not provide or administer a workmanship warranty unless expressly agreed in a separate written agreement signed by an authorized FixDar officer.
A Customer alleging defective work should provide the Service Provider with:
(a) prompt notice;
(b) reasonable evidence;
(c) reasonable access to inspect; and
(d) a reasonable opportunity to address work covered by a warranty. FixDar is not required to inspect, determine responsibility, compel repairs, or enforce a warranty.
Service Providers, not FixDar, are responsible for their acts, omissions, personnel, tools, vehicles, materials, and work.
Where there is alleged damage, theft, injury, harassment, assault, fraud, or misconduct, the Customer should:
(a) protect people and property from further harm;
(b) contact emergency services where appropriate;
(c) preserve evidence;
(d) notify the Service Provider;
(e) notify FixDar through an available channel; and
(f) contact an insurer where appropriate.
Claims involving property damage, bodily injury, death, theft, loss, fraud, harassment, assault, discrimination, unsafe work, or misconduct caused by or attributed to a Service Provider must be directed to the Service Provider and, where appropriate, the Service Provider’s insurer or relevant authorities.
FixDar may, but is not obligated to:
(a) request information;
(b) facilitate communication;
(c) restrict an account;
(d) preserve available Platform records;
(e) place a permitted payment restriction; or
(f) cooperate with authorities. FixDar is not an insurer, investigator, adjuster, arbitrator, court, regulator, collection agency, or guarantor.
FixDar does not guarantee that the Service Provider will:
(a) admit responsibility;
(b) maintain insurance;
(c) cooperate;
(d) reimburse the Customer;
(e) return to the property; or
(f) satisfy a judgment.
Customers are responsible for maintaining insurance appropriate to their property, Task, and circumstances.
FixDar does not provide insurance coverage for Customers, properties, Service Providers, Property Services, deposits, materials, injuries, or losses.
The existence, submission, or display of Service Provider insurance does not guarantee:
(a) current validity;
(b) coverage for a particular claim;
(c) adequate limits;
(d) absence of exclusions;
(e) payment by the insurer; or
(f) continued coverage.
Customers may submit complaints through an available FixDar support channel.
FixDar may, but is not obligated to:
(a) relay communications;
(b) request supporting information;
(c) ask the parties to discuss a resolution;
(d) restrict an account;
(e) record a complaint;
(f) place a permitted payment restriction;
(g) attempt to reassign the Task; or
(h) take another reasonable operational step.
FixDar does not promise to:
(a) investigate every complaint;
(b) determine fault;
(c) decide whether work is defective;
(d) obtain a refund;
(e) compel a Service Provider to return;
(f) find a replacement Service Provider;
(g) compensate the Customer;
(h) enforce a warranty; or
(i) resolve the dispute. The Customer and Service Provider remain responsible for resolving disputes under their Service Agreement.
By accepting, recording, forwarding, or responding to a complaint, FixDar does not assume any obligation or liability of the Service Provider.
FixDar’s involvement does not make FixDar responsible for:
(a) issuing a refund;
(b) returning a deposit;
(c) correcting or completing work;
(d) replacing materials;
(e) honouring a warranty;
(f) paying damages;
(g) compensating for delays;
(h) paying legal fees;
(i) defending the Service Provider; or
(j) satisfying a settlement or judgment.
FixDar is not an emergency service.
The Platform must not be relied upon for fire, gas leaks, flooding, electrical hazards, structural collapse, medical emergencies, crime, violence, or an immediate threat to people or property.
Customers should contact 911, the relevant utility, emergency service, insurer, building management, or appropriate authority.
FixDar does not guarantee that a Task, call, message, or notification will be reviewed within a particular period.
The Customer must not request:
(a) illegal work;
(b) work intended to evade permits or inspections;
(c) fraudulent insurance work;
(d) unsafe work;
(e) work involving stolen property;
(f) unlawful entry;
(g) tampering with utilities or safety devices;
(h) unlawful disposal of hazardous materials;
(i) regulated work by an unauthorized person;
(j) deceptive documentation; or
(k) activity creating unreasonable risk.
The Customer must not:
(a) threaten, abuse, intimidate, harass, stalk, assault, or discriminate;
(b) make knowingly false allegations;
(c) pressure a person to perform unlawful or unsafe work;
(d) refuse undisputed payment for authorized work;
(e) use fraudulent payment methods;
(f) submit false Tasks;
(g) manipulate reviews;
(h) unlawfully record another person;
(i) misuse personal information;
(j) upload malicious code;
(k) access systems without authorization;
(l) scrape Platform data;
(m) reverse engineer the Platform;
(n) use the Platform for spam; or
(o) expose FixDar or another person to unreasonable legal, safety, financial, or cybersecurity risk.
The Customer must not knowingly and deliberately cooperate with a Service Provider to use an introduction or Allocation made by FixDar for the primary purpose of avoiding commission, payment records, or other obligations owed by the Service Provider to FixDar.
This restriction does not require the Customer to accept a quotation or proceed with an Allocated Service Provider.
It does not impose the Service Provider’s commission obligation on the Customer.
To the extent permitted by law, FixDar may suspend accounts and recover direct, reasonably proven losses arising from deliberate and fraudulent circumvention.
FixDar will not impose an undisclosed charge on a Customer merely because the Customer later engaged a Service Provider outside the Platform.
Customer Content must:
(a) be based on genuine experience;
(b) be reasonably accurate;
(c) comply with law;
(d) not violate another person’s rights;
(e) not unlawfully disclose confidential information;
(f) not be defamatory, fraudulent, threatening, or discriminatory; and
(g) not contain malware.
The Customer grants FixDar a worldwide, non-exclusive, royalty-free, transferable, and sublicensable licence to host, store, reproduce, format, moderate, display, publish, and use Customer Content for Platform operation, support, safety, fraud prevention, dispute management, service improvement, and marketing, subject to applicable privacy law.
FixDar may remove, restrict, delay, or decline Customer Content but is not required to monitor all content.
Ratings and reviews are user opinions and are not verified endorsements or guarantees by FixDar.
Photographs, videos, measurements, and descriptions may be incomplete, inaccurate, distorted, outdated, or insufficient to assess a Task.
FixDar is not responsible for errors arising from poor image quality, incorrect measurements, concealed conditions, missing context, or changes after submission.
The Customer must not submit content that unlawfully violates another person’s privacy, confidentiality, or intellectual-property rights.
FixDar may communicate through email, telephone, SMS, push notification, WhatsApp, in-app messaging, or another available method.
The Customer consents to receiving communications concerning:
(a) accounts and security;
(b) Tasks;
(c) Service Provider Allocation;
(d) appointments;
(e) quotations;
(f) payments;
(g) cancellations or reassignments;
(h) complaints;
(i) safety;
(j) fraud; and
(k) legal or Platform changes.
FixDar does not guarantee that a communication will be received, delivered, reviewed, answered, or acted upon within a particular period.
Where permitted by law and subject to any required notice or consent, FixDar may monitor or record communications for quality assurance, training, safety, fraud prevention, dispute management, and recordkeeping.
The Customer agrees that:
(a) electronic acceptance may be legally binding;
(b) selecting a checkbox or button may constitute agreement;
(c) electronic quotations and approvals may satisfy writing or signature requirements; and
(d) electronic records may be used as evidence.
FixDar may create and retain records of:
(a) Customer accounts;
(b) the effective-dated Terms presented to the Customer;
(c) the date and time of acceptance;
(d) Tasks;
(e) Allocations;
(f) quotations;
(g) approvals;
(h) payments;
(i) status information; and
(j) technical information associated with Platform activity. FixDar does not promise to retain every record indefinitely.
Acceptance of this Agreement does not by itself constitute consent to promotional communications where separate consent is legally required.
Where required, promotional electronic messages will include sender-identification and unsubscribe information.
Unsubscribing from marketing does not prevent transactional, security, legal, payment, Task-related, or service-related communications.
Depending on how the Platform is used, FixDar may collect:
(a) name;
(b) email address;
(c) telephone number;
(d) account and login information;
(e) property and service addresses;
(f) Tasks and service descriptions;
(g) photographs and videos;
(h) measurements;
(i) access instructions;
(j) quotations and Transaction Records;
(k) messages and support communications;
(l) reviews and ratings;
(m) payment status and payment-related information;
(n) device, browser, operating-system, application, IP-address, and technical information;
(o) approximate or precise location information where enabled;
(p) cookies, analytics, and usage information;
(q) information concerning fraud, complaints, safety, or disputes; and
(r) other information voluntarily provided. Payment-card or banking information may be collected or processed by third-party payment providers rather than stored directly by FixDar.
FixDar may collect, use, and disclose personal information to:
(a) create and manage accounts;
(b) operate the Platform;
(c) receive and distribute Tasks;
(d) allocate Service Providers;
(e) connect Customers and Service Providers;
(f) facilitate quotations and scheduling;
(g) facilitate payments;
(h) track Task and payment status;
(i) provide support;
(j) address complaints;
(k) prevent fraud and misuse;
(l) protect safety and security;
(m) maintain and improve the Platform;
(n) understand Platform usage;
(o) communicate with users;
(p) comply with legal requirements;
(q) enforce agreements; and
(r) establish, exercise, or defend legal rights.
FixDar may share relevant Customer and Task information with one or more Service Providers for Task Distribution, Allocation, assessment, quotation, scheduling, performance, payment, support, safety, and dispute-management purposes.
Where FixDar floats a Task to multiple Service Providers, multiple Service Providers may receive or view relevant Task information.
Service Providers are independent third parties and may separately collect, retain, use, or disclose information under their own legal obligations and privacy practices.
FixDar may disclose information to:
(a) payment processors and financial institutions;
(b) cloud, hosting, communications, analytics, security, and technology providers;
(c) professional advisers;
(d) insurers;
(e) law-enforcement agencies, courts, regulators, or governmental authorities;
(f) a purchaser, investor, lender, successor, or transaction participant in connection with financing, restructuring, merger, acquisition, or sale; or
(g) another person where authorized or required by law.
FixDar will obtain consent for the collection, use, and disclosure of personal information where required by law.
By submitting information and using the Platform, the Customer consents to its collection, use, and disclosure for purposes reasonably described in this Agreement or otherwise communicated at collection, subject to applicable law.
FixDar may request additional consent where appropriate because of the sensitivity of the information, a new purpose, or applicable law.
The Customer may withdraw consent where legally permitted, but withdrawal may limit Platform availability and does not affect uses or retention required for legal, security, fraud-prevention, payment, contractual, or recordkeeping purposes.
FixDar will seek to collect, use, and disclose personal information only for purposes that are reasonable and appropriate in the circumstances or otherwise authorized or required by law.
FixDar may retain personal information for as long as reasonably necessary for:
(a) account operation;
(b) active or historical transactions;
(c) payment and accounting records;
(d) fraud prevention;
(e) safety;
(f) complaints and disputes;
(g) enforcement;
(h) legal or regulatory compliance;
(i) insurance;
(j) backup and disaster recovery; or
(k) establishing, exercising, or defending legal rights. Different categories of information may be retained for different periods.
FixDar will use reasonable administrative, technical, and organizational safeguards appropriate to the sensitivity of the information and FixDar’s operations.
No internet, application, communications, or storage system can be guaranteed completely secure. FixDar does not guarantee that unauthorized access, loss, misuse, alteration, or disclosure will never occur.
FixDar may investigate suspected privacy or security incidents and may notify affected individuals, regulators, law-enforcement agencies, or other persons where FixDar considers notification appropriate or where notification is required by law.
FixDar or its service providers may store or process information outside the Customer’s province or outside Pakistan.
Information stored in another jurisdiction may be accessible to authorities under the laws of that jurisdiction.
Subject to applicable law, a Customer may request access to or correction of personal information held by FixDar by contacting management@fixdar.com.
FixDar may request information reasonably necessary to verify identity and authority.
Access may be limited or refused where permitted or required by law.
A Customer may request account deletion by contacting management@fixdar.com.
FixDar may verify the requester’s identity before acting.
Account deletion may result in loss of access to Tasks, quotations, messages, receipts, reviews, and other Platform information.
FixDar may retain information where reasonably necessary or legally permitted for:
(a) active or outstanding transactions;
(b) payments, refunds, and chargebacks;
(c) accounting and tax records;
(d) fraud prevention;
(e) safety;
(f) complaints and disputes;
(g) enforcement;
(h) legal claims;
(i) regulatory compliance; or
(j) backups maintained under ordinary retention practices.
FixDar may use cookies, software development kits, pixels, analytics, and similar technologies to operate the Platform, maintain sessions, understand usage, detect fraud, improve functionality, and support communications or marketing where permitted.
Browser or device settings may permit certain controls, but disabling technologies may affect Platform functionality.
The Platform is not intended for persons under 18.
FixDar does not knowingly authorize persons under 18 to create Customer accounts.
Privacy questions, complaints, access requests, correction requests, and deletion requests may be directed to:
FixDar
Email: management@fixdar.com
Telephone: 03-111-222-819
Address: Karachi, Pakistan
The Customer acknowledges risks including phishing, malware, account compromise, impersonation, device loss, software errors, data corruption, outages, delayed messages, and fraudulent payment instructions.
The Customer is responsible for using reasonable security measures, including strong passwords, updated devices, secure networks, and caution when responding to unusual instructions.
The Customer must verify unusual or changed payment instructions through an official communication channel.
FixDar is not responsible for funds voluntarily sent to an impersonator, fraudulent account, incorrect recipient, or unauthorized destination where the loss was not directly caused by FixDar’s breach of a legal duty.
The Platform is provided on an “as is,” “as available,” and “with all faults” basis, subject to rights that cannot legally be excluded.
FixDar does not guarantee that the Platform will be:
(a) uninterrupted;
(b) error-free;
(c) secure;
(d) compatible with every device;
(e) available in every location;
(f) free from harmful components;
(g) accurate;
(h) complete; or
(i) continuously maintained.
FixDar may modify, test, update, limit, suspend, or discontinue a feature, service category, payment method, territory, account type, or other Platform function.
FixDar is not responsible for losses caused by downtime, failed notifications, delayed messages, software errors, internet failures, device incompatibility, or third-party outages, except where liability cannot legally be excluded.
The Platform may rely on payment processors, app stores, mapping services, hosting services, messaging services, analytics providers, identity services, websites, and other third-party technologies.
FixDar does not control and is not responsible for third-party availability, security, terms, privacy practices, content, accuracy, or performance.
Use of a third-party service may be governed by a separate agreement.
Where the Platform is downloaded through Apple, Google, or another application store:
(a) this Agreement is between the Customer and FixDar;
(b) the application-store provider is not responsible for Property Services;
(c) the application-store provider has no obligation to provide maintenance or support for Property Services;
(d) the Customer must comply with applicable application-store rules; and
(e) the application-store provider may be a third-party beneficiary of provisions intended for its protection.
FixDar may offer discounts, referral benefits, credits, coupons, or promotions.
Unless otherwise stated:
(a) they are non-transferable;
(b) they have no cash value;
(c) they may be limited by account, location, provider, service, or date;
(d) they may not be duplicated or sold;
(e) they may be revoked for fraud, abuse, or error; and
(f) they may be changed or discontinued prospectively.
The Platform, software, design, trademarks, trade names, logos, content, interfaces, databases, and systems are owned by or licensed to FixDar.
FixDar grants the Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to use the Platform for lawful personal or internal business purposes.
The Customer must not:
(a) copy or reproduce the Platform;
(b) create unauthorized derivative works;
(c) reverse engineer or decompile software;
(d) scrape or systematically extract data;
(e) resell access;
(f) use FixDar branding without permission;
(g) remove proprietary notices;
(h) use unauthorized automated agents; or
(i) use the Platform to build or assist a competing marketplace or database.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXDAR DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, COLLATERAL, AND OTHER WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO:
(a) the Platform;
(b) Task Distribution and Allocation;
(c) Service Providers;
(d) Property Services;
(e) Credentials;
(f) products and materials;
(g) quotations;
(h) communications;
(i) payments;
(j) status information; and
(k) transactions.
THE DISCLAIMED WARRANTIES AND CONDITIONS INCLUDE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, SECURITY, SAFETY, SUITABILITY, COMPATIBILITY, WORKMANSHIP, LEGAL COMPLIANCE, AND UNINTERRUPTED OPERATION.
FIXDAR DOES NOT WARRANT OR GUARANTEE THAT:
(a) A TASK WILL BE DISTRIBUTED;
(b) A TASK WILL BE SENT TO EVERY RELEVANT SERVICE PROVIDER;
(c) A SERVICE PROVIDER WILL ACCEPT THE TASK;
(d) THE FIRST SERVICE PROVIDER TO ACCEPT WILL REMAIN ALLOCATED;
(e) AN ALLOCATION WILL BE MADE OR MAINTAINED;
(f) AN ALLOCATED SERVICE PROVIDER WILL RESPOND, ATTEND, QUOTE, BEGIN, COMPLETE, OR CORRECT WORK;
(g) A TASK WILL NOT BE REASSIGNED;
(h) A REPLACEMENT SERVICE PROVIDER WILL BE AVAILABLE;
(i) ANOTHER SERVICE PROVIDER WILL ACCEPT RESPONSIBILITY FOR PREVIOUS WORK;
(j) A WARRANTY WILL BE HONOURED;
(k) A REFUND WILL BE PROVIDED; OR
(l) THE CUSTOMER WILL BE SATISFIED.
Property Services may involve risks concerning tools, machinery, electricity, plumbing, gas, HVAC systems, ladders, heights, heavy objects, demolition, chemicals, dust, excavation, vehicles, structural conditions, property access, and interactions with independent third parties.
To the maximum extent permitted by law, the Customer voluntarily assumes the ordinary and reasonably foreseeable risks associated with requesting, authorizing, observing, or remaining present during Property Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMER RELEASES AND FOREVER DISCHARGES FIXDAR AND THE FIXDAR PARTIES FROM CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, COSTS, EXPENSES, LIABILITIES, AND CAUSES OF ACTION ARISING FROM OR RELATING TO:
(a) acts or omissions of Service Providers;
(b) Property Services;
(c) Service Agreements;
(d) Service Provider information or Credentials;
(e) false, expired, suspended, forged, or invalid Credentials;
(f) property access;
(g) workmanship;
(h) materials or products;
(i) delays, cancellations, or incomplete work;
(j) permits and code compliance;
(k) injury, death, or property damage caused by a Service Provider or third party;
(l) theft, fraud, harassment, assault, or misconduct by a Service Provider or third party;
(m) Customer-Service Provider payment disputes;
(n) Customer-supplied information or materials;
(o) pre-existing or concealed property conditions;
(p) third-party services;
(q) Customer Content;
(r) inaccurate Task or payment status; and
(s) matters outside FixDar’s reasonable control.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMER RELEASES FIXDAR AND THE FIXDAR PARTIES FROM CLAIMS ARISING FROM OR RELATING TO:
(a) FIXDAR’S DECISION TO DISTRIBUTE OR NOT DISTRIBUTE A TASK;
(b) THE SERVICE PROVIDERS TO WHOM A TASK WAS DISTRIBUTED;
(c) FIXDAR’S USE OF A FIRST-ACCEPTANCE, DIRECT-ALLOCATION, AUTOMATED, OR OTHER ALLOCATION METHOD;
(d) FIXDAR’S SELECTION, ALLOCATION, WITHDRAWAL, TRANSFER, OR REASSIGNMENT OF A SERVICE PROVIDER;
(e) INFORMATION USED BY FIXDAR IN MAKING AN ALLOCATION DECISION;
(f) SIMULTANEOUS OR CONFLICTING ACCEPTANCES;
(g) PLATFORM OR COMMUNICATION ERRORS AFFECTING AN ALLOCATION;
(h) A SERVICE PROVIDER’S FAILURE TO RESPOND, ATTEND, QUOTE, BEGIN, COMPLETE, OR CORRECT WORK; AND
(i) FAILURE OR UNAVAILABILITY OF A REPLACEMENT SERVICE PROVIDER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CUSTOMER RELEASES FIXDAR AND THE FIXDAR PARTIES FROM CLAIMS ARISING FROM OR RELATING TO:
(a) REFUNDS OR CREDITS OWED BY A SERVICE PROVIDER;
(b) DEPOSITS PAID TO OR FOR A SERVICE PROVIDER;
(c) A SERVICE PROVIDER’S FAILURE OR REFUSAL TO ISSUE A REFUND;
(d) A SERVICE PROVIDER’S INSOLVENCY OR UNAVAILABILITY;
(e) DEFECTIVE, DELAYED, INCOMPLETE, UNSAFE, OR ABANDONED WORK;
(f) PROPERTY DAMAGE, BODILY INJURY, DEATH, THEFT, FRAUD, OR MISCONDUCT CAUSED BY A SERVICE PROVIDER;
(g) WARRANTIES OFFERED OR NOT HONOURED BY A SERVICE PROVIDER;
(h) MATERIALS PURCHASED, SUPPLIED, INSTALLED, OR RETAINED BY A SERVICE PROVIDER;
(i) PAYMENT DISPUTES BETWEEN THE CUSTOMER AND SERVICE PROVIDER;
(j) FIXDAR’S INABILITY TO RECOVER FUNDS FROM A SERVICE PROVIDER;
(k) FIXDAR’S DECISION TO CANCEL, CLOSE, WITHDRAW, SUSPEND, REDISTRIBUTE, OR REASSIGN A TASK; AND
(l) FIXDAR’S VOLUNTARY ASSISTANCE OR DECISION NOT TO PROVIDE ASSISTANCE.
The releases in this section do not apply to the extent a claim is directly caused by FixDar’s fraud, wilful misconduct, or breach of a legal duty that cannot legally be waived or excluded.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXDAR WILL NOT BE LIABLE FOR:
(a) indirect damages;
(b) incidental damages;
(c) consequential damages;
(d) special damages;
(e) exemplary or punitive damages;
(f) aggravated damages;
(g) speculative loss;
(h) lost profits;
(i) lost revenue;
(j) lost opportunity;
(k) lost business;
(l) lost contracts;
(m) lost goodwill;
(n) loss of use;
(o) lost data;
(p) diminished property value;
(q) business interruption;
(r) emotional distress;
(s) inconvenience;
(t) temporary accommodation;
(u) alternate-provider costs; or
(v) similar economic or non-economic loss.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIXDAR WILL NOT BE LIABLE FOR:
(a) A SERVICE PROVIDER’S ACCEPTANCE OR REJECTION OF A TASK;
(b) FAILURE TO RESPOND OR ATTEND;
(c) ACTS, OMISSIONS, NEGLIGENCE, MISCONDUCT, FRAUD, THEFT, OR CRIMINAL CONDUCT;
(d) REPRESENTATIONS, PRICING, CREDENTIALS, INSURANCE, PERSONNEL, MATERIALS, OR WORKMANSHIP;
(e) DELAYS, CANCELLATIONS, ABANDONMENT, OR INCOMPLETE WORK;
(f) LICENSING, PERMIT, TAX, INSURANCE, OR REGULATORY COMPLIANCE;
(g) REFUNDS OWED BY A SERVICE PROVIDER;
(h) LOSS OF A DEPOSIT;
(i) FAILURE TO COMPLETE OR CORRECT WORK;
(j) WARRANTY CLAIMS;
(k) COSTS OF A REPLACEMENT SERVICE PROVIDER;
(l) PRICE DIFFERENCES FOLLOWING REASSIGNMENT;
(m) PROPERTY DAMAGE OR PERSONAL INJURY CAUSED BY A SERVICE PROVIDER; OR
(n) FIXDAR’S INABILITY TO OBTAIN MONEY, DOCUMENTS, COOPERATION, INSURANCE COVERAGE, OR COMPENSATION FROM A SERVICE PROVIDER.
IF FIXDAR IS FOUND LIABLE DESPITE THE DISCLAIMERS, RELEASES, AND LIMITATIONS IN THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF FIXDAR AND THE FIXDAR PARTIES ARISING FROM OR
RELATING TO THE PLATFORM, A TASK, A SERVICE PROVIDER, PROPERTY SERVICES, PAYMENT PROCESSING, OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF:
(a) THE TOTAL FEES ACTUALLY PAID DIRECTLY BY THE CUSTOMER TO FIXDAR DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
(b) TWENTY-FIVE THOUSAND PAKISTANI RUPEES (PKR 25,000).
Multiple claims, events, transactions, Tasks, Service Providers, or legal theories do not increase the liability cap.
These exclusions and limitations do not apply to liability that applicable law does not permit FixDar to exclude or limit.
To the maximum extent permitted by law, no shareholder, director, officer, employee, representative, contractor, agent, licensor, technology provider, or other FixDar Party will have personal liability arising solely from that person’s role or involvement with:
(a) FixDar;
(b) the Platform;
(c) a Task;
(d) Task Distribution or Allocation;
(e) a Service Provider;
(f) a Service Agreement;
(g) payment processing; or
(h) Property Services.
58.2 Claims Against FixDar
To the maximum extent permitted by law, claims relating to the Platform or FixDar’s business must be brought against FixDar and not individually against a FixDar Party.
This provision does not exclude liability for a person’s own fraud, wilful misconduct, or liability that cannot legally be excluded.
No support communication, operational assistance, payment facilitation, Task Allocation, recommendation, complaint review, or statement by a FixDar Party creates a personal guarantee or assumption of liability unless contained in a written agreement signed by an authorized FixDar officer.
To the maximum extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless FixDar and the FixDar Parties from claims, demands, actions, investigations, liabilities, losses, damages, judgments, penalties, fines, settlements, costs, and reasonable legal fees arising from or relating to:
(a) the Customer’s breach of this Agreement;
(b) the Customer’s Task;
(c) the Customer’s conduct or negligence;
(d) false, incomplete, or misleading information;
(e) lack of authority to request work;
(f) property conditions or hazards under the Customer’s control;
(g) conduct of an occupant, visitor, employee, child, or animal under the Customer’s control;
(h) Customer Content;
(i) misuse of the Platform;
(j) violation of law;
(k) infringement of another person’s rights;
(l) unauthorized or fraudulent payment activity;
(m) false or abusive chargebacks;
(n) instructions given to a Service Provider;
(o) Customer-supplied products or materials;
(p) failure to obtain required approval; or
(q) deliberate and fraudulent Platform circumvention.
FixDar may assume control of the defence of a claim subject to indemnification.
The Customer must reasonably cooperate and must not settle a claim imposing liability or obligations on FixDar without written consent.
This indemnity does not apply to the extent a claim was directly caused by FixDar’s fraud, wilful misconduct, or breach of a legal duty that cannot be excluded.
FixDar may investigate, restrict, suspend, deactivate, or terminate an account, Task, transaction, communication channel, payment function, or Platform access where FixDar reasonably believes there is:
(a) a breach of this Agreement;
(b) fraud or attempted fraud;
(c) payment risk;
(d) abuse or harassment;
(e) a safety concern;
(f) an identity or Credential concern;
(g) legal or regulatory risk;
(h) cybersecurity risk;
(i) a credible complaint;
(j) circumvention;
(k) misuse of information;
(l) prolonged inactivity; or
(m) conduct that may harm FixDar or another person.
FixDar may take urgent protective action without advance notice where reasonably necessary.
Termination does not eliminate obligations or rights arising before termination.
FixDar may preserve, use, or disclose account, communication, payment, Credential, Task, Transaction Record, or other information where FixDar reasonably believes it is:
(a) required by law, court order, warrant, subpoena, or regulatory request;
(b) necessary to investigate suspected fraud, crime, abuse, or misconduct;
(c) necessary to protect safety, rights, property, or security;
(d) necessary to enforce this Agreement; or
(e) otherwise permitted by law. FixDar is not responsible for consequences arising from a lawful or good-faith disclosure.
FixDar is not responsible for delay, interruption, or failure caused by circumstances beyond its reasonable control, including severe weather, natural disaster, fire, flood, epidemic, war, terrorism, civil unrest, labour
disruption, government action, utility failure, internet outage, cyberattack, supply-chain disruption, transportation interruption, application-store action, payment-network failure, or third-party service failure.
FixDar may add, remove, modify, restrict, test, suspend, or discontinue Platform features, service categories, territories, payment options, communication methods, or account types.
FixDar does not guarantee continued availability of any feature, Service Provider, promotion, allocation method, or service category.
FixDar may amend this Agreement from time to time.
The updated Agreement will identify its effective or last-updated date and may be published on the Official Legal Page.
FixDar may provide additional notice of material changes through the Platform, email, or another method, but is not required to use a particular notice method except where legally required.
Revised Terms generally apply prospectively from their effective date.
The Terms in effect when a quotation is accepted will generally govern the applicable transaction unless applicable law or transaction-specific terms require otherwise.
This Agreement is governed by the laws of the Islamic Republic of Pakistan, including the laws applicable in the Province of Sindh, without regard to conflict-of-law principles.
Before starting legal proceedings, the parties are encouraged to attempt good-faith informal resolution by providing written notice describing the dispute and requested relief.
Subject to consumer rights, statutory forums, small-claims jurisdiction, and other rights that cannot legally be restricted, disputes will be brought before a court of competent jurisdiction in Karachi, Pakistan.
To the maximum extent permitted by law, a Customer using the Platform for business or commercial purposes agrees to bring claims only in an individual capacity and not as a plaintiff or member of a class, representative, collective, or consolidated proceeding.
This provision does not restrict rights where applicable law prohibits the restriction.
Where the Customer uses the Platform solely for business or commercial purposes and applicable law permits variation of a limitation period, a claim against FixDar must be commenced within one year after the Customer knew or reasonably should have known of the facts giving rise to the claim.
This provision does not apply where the period cannot legally be shortened.
The Customer may not assign this Agreement without FixDar’s written consent.
FixDar may assign or transfer this Agreement in connection with financing, restructuring, merger, acquisition, sale, change of control, or transfer of all or part of the Platform or business.
The FixDar Parties are intended third-party beneficiaries of the releases, disclaimers, limitations, indemnities, and no-personal-liability protections granted under this Agreement.
Except as expressly stated, this Agreement does not create rights for another third party.
If a provision is invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary where permitted.
If modification is not possible, it will be severed and the remaining provisions will continue in effect.
FixDar’s delay or failure to exercise a right does not waive that right.
A waiver is effective only if made in writing by an authorized FixDar representative and applies only to the identified circumstances.
This Agreement, an accepted quotation, approved additional work, and applicable transaction-specific terms constitute the agreement concerning the relevant subject matter.
Where documents conflict, the following order generally applies:
(a) non-waivable applicable law;
(b) an approved change or additional-work authorization;
(c) the accepted quotation;
(d) transaction-specific written terms;
(e) this Agreement; and
(f) general Platform information.
No advertisement, support communication, Task discussion, inspection discussion, or Service Provider representation changes FixDar’s obligations under this Agreement unless expressly included in a written agreement signed by an authorized FixDar officer.
Headings are for convenience only.
Words in the singular include the plural and vice versa. “Including” means “including without limitation.” “Writing” includes an electronic record where legally permitted.
This Agreement will not be interpreted against a party merely because that party drafted or proposed it.
Provisions concerning payments, commission, Customer Content, privacy, intellectual property, releases, disclaimers, limitations of liability, no personal liability, indemnification, governing law, disputes, and provisions that by their nature should survive will continue after account closure, Task completion, cancellation, withdrawal, suspension, reassignment, or termination.
Questions, complaints, customer-support requests, privacy inquiries, account-deletion requests, and legal notices may be directed to:
FixDar
Address: Karachi, Pakistan
Telephone: 03-111-222-819
Email: management@fixdar.com
Website: www.fixdar.com
Legal notices should identify the Customer, relevant account or Task, nature of the issue, material facts, and requested response.
BY CREATING AN ACCOUNT, SELECTING “I AGREE,” POSTING A TASK, ACCEPTING A QUOTATION, SCHEDULING AN APPOINTMENT, AUTHORIZING WORK, MAKING A PAYMENT, OR OTHERWISE USING THE PLATFORM, THE CUSTOMER CONFIRMS THAT:
(a) the Customer has read and understood this Agreement;
(b) the Customer agrees to be legally bound by it;
(c) Customers post Tasks through the Platform;
(d) FixDar determines how Tasks are distributed and allocated;
(e) FixDar may directly select a Service Provider;
(f) FixDar may distribute or float a Task to several or all potentially eligible Service Providers;
(g) a Task may be allocated to the first eligible Service Provider who accepts it;
(h) FixDar may use automated or partially automated allocation processes;
(i) FixDar may withdraw, transfer, cancel, suspend, redistribute, or reassign a Task;
(j) the first Service Provider to accept does not obtain an irrevocable right to perform the Task;
(k) the Customer does not ordinarily browse and select the initial Service Provider through the Platform;
(l) the Customer may review and decline the Allocated Service Provider’s quotation before authorizing work;
(m) Task Distribution, Service Provider acceptance, Allocation, and reassignment do not create a Service Agreement;
(n) Service Providers independently decide whether to respond, quote, attend, or perform work;
(o) Service Providers are independent third parties and are not FixDar employees, agents, representatives, or subcontractors;
(p) FixDar’s Allocation does not constitute an endorsement, certification, approval, or guarantee;
(q) FixDar may have limited information and resources concerning a Service Provider;
(r) FixDar may not independently verify identities, Credentials, insurance, experience, or qualifications;
(s) FixDar does not guarantee attendance, pricing, workmanship, safety, completion, refunds, replacement Service Providers, or dispute resolution;
(t) FixDar does not itself perform Property Services unless expressly agreed in a separate written agreement;
(u) payment may be made directly to a Service Provider, through a payment gateway, or to FixDar on behalf of a Service Provider;
(v) FixDar’s handling of payment does not make FixDar the supplier or performer of Property Services;
(w) FixDar earns its commission from the Service Provider under a separate agreement;
(x) service-related refunds, warranties, repairs, compensation, damage claims, and workmanship claims are the Service Provider’s responsibility, except where applicable law imposes a direct, non-waivable obligation on FixDar;
(y) FixDar is not required to use its own funds to satisfy a Service Provider’s refund or claim obligation, except where required by applicable law;
(z) FixDar may cancel or withdraw its involvement in a Task without assuming the Service Provider’s obligations;
(aa) Task, Allocation, job, and payment statuses may be based on third-party information and may be incomplete or inaccurate;
(bb) the Customer accepts the applicable disclaimers, releases, limitations of liability, no-personal-liability protections, and indemnification obligations, subject to applicable law; and
(cc) the Customer consents to electronic agreements, communications, acceptance methods, and records.