<iframe src="https://www.googletagmanager.com/ns.html?id=GTM-P79B6W5" height="0" width="0" style="display:none;visibility:hidden"></iframe>

Terms & Conditions

Fixonclick Terrms & Conditions

Fixonclick Terms & Conditions

This Terms of Use agreement was last updated: October 25th, 2017. This Terms of Use agreement is effective as of: December 22, 2016

1.Acceptance of Terms

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (as defined below) constitute a legally-binding agreement between Dexterous Online Portal LLC and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) the Dexterous Online Portal LLC website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and Dexterous Online Portal LLC services available through the domain and sub-domains of FIXONCLICK located at www.fixonclick.com (collectively referred to herein as the "Website") as well as the Application (available on Android and IOS platforms), and (ii) the online transactions between those users of the Website and Application who are offering services (each, a "Service Provider") and those users of the Website and Application who are obtaining services (each, a "Customer") through the Website and Application (such services, collectively, the "Services"). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website and Application, including users who are also contributors of video media content, information, private and public messages, advertisements, and other materials or Services on the Website and Application.
The Website and the Application are currently owned and operated by Dexterous Online Portal LLC Dubai, UAE and Dexterous Technologies LLC Delaware, USA.
You acknowledge that the Website and Application serve as a venue for the online distribution and publication of user submitted information between Service Providers and Customers, and, by using, visiting, registering for, and/or otherwise participating in this Website and Application, including the Services presented, promoted, and displayed on the Website and Application, and by clicking on "I agree to the terms & conditions", you hereby certify that: (1) you are either a Service Provider or a prospective Customer, (2) you have the authority to enter into these Terms of Use, and (3) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website and Application. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website and Application immediately.

You specifically agree that by using the website and application, you are at least 18 years of age and you are competent under law to enter into a legally binding and enforceable contract. All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Website and Application in any manner. If you use the Website and Application or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and "you" and "your" herein shall refer to that business.

1.1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Dexterous Online Portal LLC reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and Dexterous Online Portal LLC will post notice of the changes and the amended Terms of Use at the domain of www.fixonclick.com/terms It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website and Application following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website and Application

1.2. PRIVACY POLICY

Dexterous Online Portal LLC has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy. The Privacy Policy is located at: Privacy Policy

2. Membership and Accessibility

2.1. LICENSE TO ACCESS

Dexterous Online Portal LLC hereby grants you a non-exclusive, revocable license to use the Website and Application as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website and Application in any medium without Dexterous Online Portal LLC's prior written consent; (ii) you will not alter or modify any part of the Website and Application other than as may be reasonably necessary to use the Website and Application for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

2.2. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website and Application is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Application and Services offered through this Website and Application do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. You need not register with FIXONCLICK to simply visit and view the Website and Application, but to access and participate in certain features of the Website and Application, you will need to create a password-protected account ("Account"). To create an account, you must submit your name, email address and mobile number through the “create an account” page/link on the Website and Application and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to Dexterous Online Portal LLC in providing you with a more customized experience when using the Website and Application. You may also register for an Account using your existing Facebook, Google or Twitter account and log-in credentials (your "Third-Party Site Password"). You are solely responsible for safeguarding your FIXONCLICK password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Dexterous Online Portal LLC immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without FIXONCLICK’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and Application and/or the Services offered through the Website and Application. You hereby expressly acknowledge and agree that you yourself and not Dexterous Online Portal LLC will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Dexterous Online Portal LLC or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
  • You will not copy or distribute any part of the Website and Application in any medium without Dexterous Online Portal LLC's prior written authorization.
  • You will not alter or modify any part of the Website and Application other than as may be reasonably necessary to use the Website and Application for its intended purpose.
  • You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website and Application for any purpose without Dexterous Online Portal LLC's prior written approval.
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website and Application for any purpose without Dexterous Online Portal LLC's prior written approval.
  • You shall not in any way that transmits more request messages to the FIXONCLICK servers, or any server of a Dexterous Online Portal LLC subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Dexterous Online Portal LLC reserves the right to revoke these exceptions either generally or in specific cases.
  • You shall not recruit, solicit, or contact in any form Service Providers or Customers for employment or contracting for a business not affiliated with Dexterous Online Portal LLC without express written permission from Dexterous Online Portal LLC.
  • You shall not take any action that (i) unreasonably encumbers or, in Dexterous Online Portal LLC's sole discretion, may unreasonably encumber the Website and Application's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website and Application or any third-party participation in the Website and Application; or (iii) bypasses Dexterous Online Portal LLC's measures that are used to prevent or restrict access to the Website and Application.
  • You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website and Application, nor to use the communication systems provided by the Website and Application for any commercial solicitation purposes.

2.3. ADDITIONAL POLICIES

Your access to, use of, and participation in the Website and Application is subject to the Terms of Use and all applicable Dexterous Online Portal LLC regulations, guidelines and additional policies that Dexterous Online Portal LLC may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Dexterous Online Portal LLC publishes on the Website and Application (the "Additional Policies"). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, Dexterous Online Portal LLC, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. FIXONCLICK is a platform to allow our users (Service Provider and Customer) who comply with these Terms to offer, sell, and buy products and services listed on the Website and Application. You will not be able to conduct payment and other transactions (between Customer and Service Provider) through the Website and Application, Dexterous Online Portal LLC is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Dexterous Online Portal LLC is not a party to such transactions, has no control over any element of such transactions, and, as far as the law allows, shall have no liability towards any party in connection with such transactions. As far as the law allows, you use the Website and Application at your sole risk and responsibility.

3. Member Conduct

3.1. PROHIBITIONS ON SUBMITTED CONTENTDATA AND CONTENT POLICY

This Section has important legal consequences for you. In this section: - the legal responsibilities and liabilities of Dexterous Online Portal LLC are excluded or limited; - you take on risk, responsibilities and liability; and - any rights you have against Dexterous Online Portal LLC are limited or excluded. The statements made in this section constitute acknowledgements of the fact by you. You must read these statements carefully and ensure they are correct, as you will not be able to deny the truth of these statements. Dexterous Online Portal LLC and/or other persons may have claims and other rights against you as a result of these statements. You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website and Application, including your profile, ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want")job/inquiry (Lead), or the posting of any opinions or reviews in connection with the Website and Application, the Service, the Service Provider, or the Customer ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
  • Misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Service Providers; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;;
  • invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, home addresses, or other contact information without their knowledge and willing consent;
  • contains falsehoods or misrepresentations that could damage Dexterous Online Portal LLC or any third party.
  • Is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate.
  • Is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Dexterous Online Portal LLC all of the license rights granted herein.
  • You have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Website and Application and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Website and Application, you hereby grant to Dexterous Online Portal LLC an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Application and Dexterous Online Portal LLC's (and its successors') business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Application and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Dexterous Online Portal LLC in order to host and display your Content. Furthermore, by you posting Content to any area of the Website and Application, you agree to and do hereby grant to Dexterous Online Portal LLC all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website and Application by any party for any purpose which contravenes these Terms. These rights are perpetual and cannot be revoked by you and will apply and can be exercised throughout the world. You also hereby grant each user of the Website and Application a non-exclusive license to access your content through the Website and Application (this license excludes scrapping cases and any other possible use with commercial purposes). The foregoing license to each user granted by you terminates once you or Dexterous Online Portal LLC remove or delete such Content from the Website and Application.
  • Contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
  • Is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
  • Intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a Dexterous Online Portal LLC employee, agent, manager, host, another user, or any other person though any means;
  • Advertises or solicits a business not related to or appropriate for the Website and Application (as determined by Dexterous Online Portal LLC in its sole discretion);
  • Contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
  • Contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
  • Distributes or contains viruses or any other technologies that may harm Dexterous Online Portal LLC, or the interests or property of Dexterous Online Portal LLC users
  • Contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;
  • Contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Dexterous Online Portal LLC
  • You understand that Dexterous Online Portal LLC is not responsible for ads, directory information, business listings/information, messages between users, including without limitation, e-mails or chats or other means of electronic communication, whether through the Website and Application or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Website and Application, and that by using the Website and Application, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. As far as the law allows, you are responsible for and must evaluate, and bear all risks associated with, the use of any Content. You may not rely on said Content, and under no circumstances will Dexterous Online Portal LLC be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading or hiring or working based on the content listed, e-mailed or otherwise made available via the Website and Application. Dexterous Online Portal LLC is not obligated to pre-screen or approve any Content, but Dexterous Online Portal LLC has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Website and Application, for violating these Terms and such violation being brought to FIXONCLICK’s knowledge or for any other reason or no reason at all.

3.2. PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or unsolicited advertising or marketing of a service not offered on the Website and Application or an external website.

3.3. NO DISCRIMINATION

Discriminatory Postings. UAE laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Dexterous Online Portal LLC will not knowingly accept any Posting which is in violation of the law. Dexterous Online Portal LLC has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

3.4. PROHIBITIONS WITH RESPECT TO SERVICES

While using the Website and Application, you shall not:
  • While using the Website and Application, you shall not:
  • Violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • Fail to deliver payment for Services purchased by you, unless the Service Provider has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Provider's identity;
  • Fail to perform Services purchased from you, unless the Customer fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Customer's identity; manipulate the price of any Service or interfere with other users' Postings;
  • Circumvent or manipulate our fee structure, the billing process, or fees owed to Dexterous Online Portal LLC; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website and Application user);
  • Take any action that may undermine the Feedback Review or ratings systems (such as displaying, importing or exporting Feedback Review information off of the Website and Application or using it for purposes unrelated to the Website and Application);

4. Feedback Reviews and Comments Policy

As a participant in the Website and Application, you agree to use careful, prudent, and good judgment when leaving Feedback Reviews or Comments for another user. The following actions constitute inappropriate uses of FeedbackReviews or Comments: (a) threatening to leave negative or impartial Feedback Review or Comments for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback Review and Comments in order to make the Service Provider or Customer appear better than he or she actually is or was; and (c) including conditions in an Offer Quote or Want Job/Lead that restrict a Service Provider or a Customer from leaving FeedbackReviews or Comments.
  1. Sanctions for Inappropriate Use of FeedbackReviews or Comments. If you violate any of the above-referenced rules in connection with leaving FeedbackReviews or Comments, Dexterous Online Portal LLC, in its sole discretion, may take any of the following actions: (i) cancel your FeedbackReviews or Comments or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the FeedbackReviews or Comments page.
  2. Reporting Inappropriate Use of FeedbackReviews or Comments. You may contact Dexterous Online Portal LLC regarding any inappropriate use of FeedbackReviews or Comments via-email at [email protected]
  3. Resolving Disputes in Connection with FeedbackReviews or Comments. In the event of any dispute between users of the Website and Application concerning FeedbackReviews or Comments, Dexterous Online Portal LLC shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE AND APPLICATION CONCERNING FEEDBACKREVIEWS OR FEEDBACK, Dexterous Online Portal LLC HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK REVIEWS OR COMMENTS OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.
The foregoing lists of prohibitions provide examples and are not complete or exclusive. Dexterous Online Portal LLC reserves the right to (a) terminate your access to your Account, your ability to post to this Website and Application (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Dexterous Online Portal LLC determines is inappropriate or disruptive to this Website and Application or to any other user of this Website and Application and/or Services. Dexterous Online Portal LLC reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Dexterous Online Portal LLC deems appropriate in Dexterous Online Portal LLC's sole discretion. Dexterous Online Portal LLC may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Dexterous Online Portal LLC's discretion, Dexterous Online Portal LLC will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website and Application or on the Internet. Dexterous Online Portal LLC does not and cannot review every Posting posted to the Website and Application. These prohibitions do not require Dexterous Online Portal LLC to monitor, police or remove any Postings or other information submitted by you or any other user.

5. Rules for Service Providers

5.1. PROFILES AND OFFERS QUOTES MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) list Services or offers submit Quotes relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names without brand owner’s authorization or other inappropriate keywords in their Profile, OfferQuote, WantLead, FeedbackReview, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

5.2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT Dexterous Online Portal LLC FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) offer a catalog or a link to a third-party website from which Customers or any Registered User or user of the Website may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through FIXONCLICK to purchase the Service or any other service outside of FIXONCLICK; (f) use their Profile page or user name to promote services not offered on or through the Website and/or prohibited services. In case we realize that any professional is involved in any of the above activities, Dexterous Online Portal LLC holds the sole discretion to blacklist the professional and withhold any outstanding credits or payments to the professional.

5.3. PROFILES AND OFFERS QUOTES MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE AND APPLICATION USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Providers shall not: (a) solicit Customers to mail cash or use other payment methods not specifically permitted by Dexterous Online Portal LLC as approved payment methods; (b) include links that do not conform to Dexterous Online Portal LLC's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings or, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party Service Provider for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via FIXONCLICK; (gf) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service..

5.4. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROVIDERS

If a Service Provider violates any of the above-referenced rules in connection with his or her Posting, Dexterous Online Portal LLC, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service Provider's Account privileges; (c) suspend the Service Provider's Account; (d) cause the Service Provider to forfeit any fees earned on a cancelled Posting; and/or (e) decrease the Service Provider's status earned via the Feedback Review sectionpage.

6. Rules for Customers

6.1. CUSTOMERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Provider's terms as outlined in the PostingQuote, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by FIXONCLICK in connection with the use or purchase of any Service.

6.2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR CUSTOMERS

If a Customer violates any of the above-referenced rules in connection with his or her Posting, Dexterous Online Portal LLC, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Customer's Account privileges; (c) suspend the Customer's Account; and/or (d) decrease the Customer's status earned via the Feedback page.

7. Use of Submitted Content

7.1. NO CONFIDENTIALITY

The Website and Application may now or in the future permit the submission of videos or other communications content submitted by you and other users, including without limitation, your Profile, your OfferQuotes, your WantsLeads, any FeedbackReviews or Comments, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Dexterous Online Portal LLC does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by you for which you authorize to bewill be searchable by Registered Users who have access to the Website and Application and is provided on a non-proprietary and non non-confidential basis. You agree that Dexterous Online Portal LLC shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You are aware that any information provided by you in the Submitted Content towards locating a professional Service Provider who ordinarily is bound to maintain confidentiality under law with his/her client (i.e. a doctor or a lawyer) is not extended to Dexterous Online Portal LLC. Dexterous Online Portal LLC may also disclose user information including personal information if Dexterous Online Portal LLC reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate FIXONCLICK’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees Services purchased by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

8. Your Representation and Warranties

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Dexterous Online Portal LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and Application and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and Application and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website and Application.

8.1. YOUR OWNERSHIP RIGHTS AND LICENSE TO FIXONCLICKRIGHTS

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Dexterous Online Portal LLC for posting on the Website and Application, you hereby grant, and you represent and warrant that you have the right to grant, to Dexterous Online Portal LLC a perpetual, worldwide, non-exclusive, royalty-free, sublicense able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Website and Application and Dexterous Online Portal LLC's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website and Application, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Website and Application a non-exclusive license to access your Submitted Content through the Website and Application, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and Application and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website and Application. You acknowledge and understand that the technical processing and transmission of the Website and Application, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may remove your Submitted Content from the Website and Application at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire

9. Dexterous Online Portal LLC'S Disclaimers and Right To Remove

  1. Dexterous Online Portal LLC does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Dexterous Online Portal LLC expressly disclaims any and all liability in connection with all Submitted Content. Dexterous Online Portal LLC does not permit copyright infringing activities and infringement of intellectual property rights on the Website and Application, and Dexterous Online Portal LLC will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. Dexterous Online Portal LLC reserves the right to remove any Data or Submitted Content without prior notice. Dexterous Online Portal LLC will also terminate a user's access to the Website and Application, if he or she is determined to be a repeat infringer. A repeat infringer is a Website and Application user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website and Application more than twice. Dexterous Online Portal LLC also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Dexterous Online Portal LLC may remove such Submitted Content and/or terminate a user's access for uploading such material Content in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  2. You acknowledge and understand that when using the Website and Application, you will be exposed to Submitted Content from a variety of sources, and that Dexterous Online Portal LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dexterous Online Portal LLC with respect thereto, and agree to indemnify and hold Dexterous Online Portal LLC, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website and Application.
  3. You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website and Application, or transmit to other Website and Application users. You understand and agree that Dexterous Online Portal LLC may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website and Application users or others.

10. Suggestions.

If you send or transmit any communications, comments, questions, suggestions, or related materials to FIXONCLICK, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Website and Application, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and FIXONCLICK is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that Dexterous Online Portal LLC is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.
J. Copyright Infringement Take Down Procedure FIXONCLICK has high regard for intellectual property and expects the same level of standard to be employed by its users. Dexterous Online Portal LLC may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website and Application of users who infringe upon the intellectual property rights of others. If you believe that your work has been copied and posted on the Website and Application in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected] (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website and Application, and information reasonably sufficient to permit Dexterous Online Portal LLC to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Dexterous Online Portal LLC to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice." Only the intellectual property rights owner is permitted to report potentially infringing items through Dexterous Online Portal LLC's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

11. Modifications to or Termination of Website and Application

11.1. MODIFICATION OR CESSATION OF WEBSITE AND APPLICATION

Dexterous Online Portal LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and Application (or any part thereof) with or without notice and in its sole discretion. You agree that Dexterous Online Portal LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of FIXONCLICK services.

11.2. TERMINATION BY FIXONCLICK

You hereby acknowledge and agree that Dexterous Online Portal LLC, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website and Application or otherwise terminate your access to or participation in the use of the Website and Application (or any part thereof), or remove and discard any Submitted Content on the Website and Application ("Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Dexterous Online Portal LLC believes or has reason to believe that you have violated any provision of the Terms of Use.

11.3. TERMINATION BY YOU

You may cancel your use of the Website and Application and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Settings" to "Account Settings" and by clicking the “Deactivate My Account” link.

11.4. EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website and Application, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website and Application, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website and Application. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the FIXONCLICK system. Unless Dexterous Online Portal LLC has previously cancelled or terminated your use of the Website and Application (in which case subsequent notice by Dexterous Online Portal LLC shall not be required), if you provided a valid email address during registration, Dexterous Online Portal LLC will notify you via email of any such termination or cancellation, which shall be effective immediately upon Dexterous Online Portal LLC's delivery of such notice. Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Dexterous Online Portal LLC Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Dexterous Online Portal LLC shall not be liable to you or any third party for any termination of your access to the Website and Application. Upon Termination of Service, Dexterous Online Portal LLC retains the right to use any data collected from your use of the Website and Application for internal analysis and archival purposes, and all related licenses you have granted Dexterous Online Portal LLC hereunder shall remain in effect for the foregoing purpose. In no event is Dexterous Online Portal LLC obligated to return any Submitted Content to you. Sections K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Website and Application or your Account. ou agree to indemnify and hold Dexterous Online Portal LLC, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Service Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.

12. Intellectual Property Rights

12.1. Dexterous Online Portal LLC OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE AND APPLICATION

The content on the Website and Application (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Dexterous Online Portal LLC. Other trademarks, names and logos on this Website and Application are the property of their respective owners. Data on the Website and Application is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Dexterous Online Portal LLC reserves all rights not expressly granted in and to the Website and Application and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website and Application for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website and Application or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website and Application or the Data therein.

12.2. Dexterous Online Portal LLC'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS

The Website and Application contains Dexterous Online Portal LLC's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Dexterous Online Portal LLC owns and retains all rights in the FIXONCLICK Data and Marks. Subject to these Terms of Use, Dexterous Online Portal LLC hereby grants you a limited, revocable, nontransferable, non-sublicensable license to reproduce and display the FIXONCLICK Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Website and Application. The Website and Application may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.

13. FIXONCLICK Fees

13.1 FEES INCURRED BY SERVICE PROVIDERS

Joining FIXONCLICK, opening an Account, posting Services and viewing posted Services is currently free. Dexterous Online Portal LLC reserves the right at its sole discretion to charge fees to Service Providers for joining and other services that FIXONCLICK may provide in the future. FIXONCLICK may also in certain categories require Service Providers to make payments for following up on job leads i.e. requests posted by Customers, and permitting the Service Provider to contact the Customer (“Lead FeeCustomer Insight”) irrespective of whether the job leads eventually result in a transaction or exchange of consideration for the service requested. In order to be eligible to make such Lead Fee payment, Service Providers shall be required to make advance payments (“Credits”) from which the Lead Fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Service Provider shall be prompted to refill the Credits in order to continue enjoying the ability to follow up on leads and contacting Customers. The Service Provider is entitled to refund of credits that is credited back in their to them wallet in the following conditions:
  1. Refunds are processed when customer cancels request
  2. Refunds are processed if the customer has not viewed quote and not cancelled request 4 days after your response
In the event, (i) the job or lead is identified to be non-genuine, or (ii) the Customer within 48 hours of posting a request on the Website withdraws the same by way of the Website or the mobile application only, or (iii) the Service Provider pays the Lead Fee to respond to the Customer’s request for service but the Customer does not open or access the Service Provider’s response, the Lead Fee shall be reimbursed to the Service Provider on FIXONCLICK’s own discretion. The decision of Dexterous Online Portal LLC pertaining to the above shall be final and binding. FIXONCLICK offers premium services to Service Providers for a fee and may in the future offer additional services, like Customer Management, Customer Insight and, tax preparation and bBookkeeping that Service Providers can also choose to purchase. Dexterous Online Portal LLC reserves the right to charge fees for these services at its sole discretion.

13.2.FEES INCURRED BY CUSTOMERS

Joining FIXONCLICK, opening an Account, viewing posted Services, and bidding on posted Services is free. Dexterous Online Portal LLC currently does not charge Customers for transactions completed on the Website between Customers and Services Professionals. However, Dexterous Online Portal LLC reserves the right to charge a fee to Customers in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Dexterous Online Portal LLC has provided you with thirty (30) days' notice by posting the changes on the Website. If applicable, you agree to pay all fees or charges to your Account based on Dexterous Online Portal LLC's fees, charges, and billing terms then in effect. If you do not pay on time or if Dexterous Online Portal LLC cannot charge your credit card, any payment gateway or other payment method for any reason, Dexterous Online Portal LLC reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use. You are expressly agreeing that Dexterous Online Portal LLC is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Dexterous Online Portal LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. Dexterous Online Portal LLC reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

14. Refund Policy (for credits purchased by Service Providers)

All fee payable to Dexterous Online Portal LLC by Service Providers on completed transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Service Providers in form of “Pre Paid Credits” are non-interest bearing and shall be refunded upon receiving a request to refund if they remain un-utilised for a period greater than 180 days only. No refund will be issued for any credit amounts earlier than 6 months. All credits not utilized for more than 365 days after purchase will be deemed utilized and will not be subject to any refund request. All commissions payable to Dexterous Online Portal LLC by Service Providers on consummated transactions, i.e. exchange of services for consideration, are final and non-refundable. All monies paid by Service Providers in form of “Credits” are non-interest bearing and shall be refunded to the Service Providers if they remain un-utilised for a period greater than 180 days and less than 364 days only. Such amounts shall not be refunded prior to that. Credits not utilized for more than 365 days will not be refundable.

15. Negotiation of Terms of Service; Disputes Between Registered Users

1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Dexterous Online Portal LLC provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. You should not rely on the any information or resources contained on the Website and Application, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Dexterous Online Portal LLC makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Dexterous Online Portal LLC be responsible for any actions taken or not taken based on the information or resources provided on this Website and Application. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website and Application, however provided.

15.1. Dexterous Online Portal LLC IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that Dexterous Online Portal LLC is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website and Application. Each Registered User acknowledges, agrees and understands that Dexterous Online Portal LLC only seeks to provide a platform wherein the Customer and Service Provider can be brought together and Dexterous Online Portal LLC itself has not role in the execution or provision of Services.

16. No Agency or Partnership

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website and Application, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Dexterous Online Portal LLC in any respect. All Service Providers are independent contractors. Neither Dexterous Online Portal LLC nor any users of the Website and Application may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

17. Disputes Between Registered User

Subject to the provisions regarding disputes between Website and Application participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website and Application, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Providers and Customers. You understand that deciding whether to use the Services of a Service Provider or provide Services to a Customer or use information contained in any Submitted Content, including, without limitation, Postings, OffersQuotes, Wants Leads and/or Feedback, is your personal decision for which you alone are responsible. You understand that Dexterous Online Portal LLC does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and Application and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While Dexterous Online Portal LLC may attempt to seek information about the background of a Service Provider, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalisedpersonalized website, LinkedIn, Twitter etc., you understand that Service Providers may register themselves suo moto. You also understand that any so called background check undertaken by Dexterous Online Portal LLC is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Customer should take an informed decision on his/her own accord and keep in mind the fact that Dexterous Online Portal LLC only seeks to provide a platform wherein Customers and Service Providers have an opportunity to meet each other. NOT WITH STANDING THE FOREGOING, YOU AGREE THAT SINCE Dexterous Online Portal LLC only seeks to provide a platform wherein the Customer and Service Provider can be brought together and Dexterous Online Portal LLC itself has not role in the execution or provision of Services ITSELF, Dexterous Online Portal LLC SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE AND APPLICATION, OR BETWEEN REGISTERED USERS OR ANY WEBSITE AND APPLICATION USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT Dexterous Online Portal LLC IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE AND APPLICATION USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE Dexterous Online Portal LLC, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE AND APPLICATION OR ANY SERVICE PROVIDED THEREUNDER.

17.1. DISPUTE RESOLUTION

If a dispute arises between you and Dexterous Online Portal LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Dexterous Online Portal LLC hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website and Application in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at [email protected] The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

17.2. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of UAE and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Dubai, UAE.

18. Advertisements

Aspects of the Website and Application and other Dexterous Online Portal LLC services may be supported by advertising revenue. As such, Dexterous Online Portal LLC may display advertisements and promotions on the service. The manner, mode and extent of advertising by Dexterous Online Portal LLC on the Website are subject to change and the appearance of advertisements on the Website and Application does not necessarily imply endorsement by Dexterous Online Portal LLC of any advertised products or services. You agree that Dexterous Online Portal LLC shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website and Application

19. Third-party Links, Contact Forms and Phone Numbers

The Website and Application may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website and Application using your existing account and log-in credentials for such third-party websites. Certain areas of the Website and Application may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website and Application to be shared with your contacts in your third-party site account. Because Dexterous Online Portal LLC has no control over such sites and resources, you acknowledge and agree that Dexterous Online Portal LLC is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Website and Application, links to third-party sites should in no way be considered as or interpreted to be Dexterous Online Portal LLC's endorsement of such third-party sites or any product or service offered through them. You further acknowledge and agree that Dexterous Online Portal LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource. The Third-party website may have different privacy policies and terms and conditions and business practices than Dexterous Online Portal LLC. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website and Application or transacting with FIXONCLICK. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website and Application with any party other than FIXONCLICK are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

20. Disclaimer of Warranties

You agree that your use of the website and application shall be at your own risk. To the fullest extent permitted by law, and Dexterous Online Portal LLC and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website and application, the services offered on or through this website and application, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website and application, including without limitation the materials, data and submitted content of other users of this site or other third parties. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website and application, the services offered on or through this website and application, data, materials, submitted content, and any information or material contained or presented on this website and application is provided to you on an "as is," "as available" and "whereis" basis with no warranty of or implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Dexterous Online Portal LLC does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website and application or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website and application by any third party, any interruption or cessation of transmission to or from the website and application, any defamatory, offensive, or illegal conduct of any third party or customer or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website and application or submitted content posted, emailed, transmitted, or otherwise made available via the website and application. Dexterous Online Portal LLC does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website and application or any hyperlinked site or featured in any banner or other advertisement. Dexterous Online Portal LLC will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party service providers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

21. Limitations of Liability

  1. In no event shall fixonclick, or its respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, service providers, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any (i) access to or use of the website and application or any services offered by any service providers via the website and application, including services provided pursuant to an agreement formed independently of the website and application, whether or not an agreement for service formed via the website and application is in effect; (ii) errors, mistakes, or inaccuracies of data, marks, content, information, materials or substance of the website and application or submitted content; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website and application by any third party; (v) any interruption or cessation of transmission to or from the website and application; (vi) any errors or omissions in any data, content, information, materials or substance of the website and application or submitted content; (vii) any failed negotiations for a service, any disputes that arise during or after the negotiation of a service or the formation of a contract for a service, or any other dispute that arises between users of the website and application; (viii) any defamatory, offensive, or illegal conduct of any third party or customer or service provider; or (ix) any use of any data, marks, content, information, materials or substance of the website and application or submitted content posted, emailed, transmitted, or otherwise made available on or through the website and application, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Dexterous Online Portal LLC is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
  2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF Dexterous Online Portal LLC, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE AND APPLICATION, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO Dexterous Online Portal LLC BY YOU HEREUNDER. You hereby acknowledge and agree that Dexterous Online Portal LLC shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or customer or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that Dexterous Online Portal LLC shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website and application users entered into independently of the website and application. The website and application may contain links to third-party websites that are not owned or controlled by Dexterous Online Portal LLC. Dexterous Online Portal LLC does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Dexterous Online Portal LLC will not and cannot censor or edit the content of any third-party site. By using the website and application, you expressly relieve Dexterous Online Portal LLC from any and all liability arising from your use of any third-party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the FIXONCLICK wWebsite and Application.

22. Force Majure

Neither Dexterous Online Portal LLC nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

22.1 INDEMNIFICATION AND RELEASE

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Dexterous Online Portal LLC, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE AND APPLICATION; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE AND APPLICATION. IF YOU HAVE A DISPUTE WITH ONE OR MORE WEBSITE AND APPLICATION USERS, YOU FOREVER RELEASE Dexterous Online Portal LLC (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND APPLICATION AND/OR ANY SUBMITTED CONTENT. THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY Dexterous Online Portal LLC WITHOUT RESTRICTION.

22.2. NO THIRD-PARTY BENIFICIARIES

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

22.3. NOTICE

You agree that Dexterous Online Portal LLC may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website and Application.

22.4. GENERAL INFORMATION

22.5. ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Dexterous Online Portal LLC on the Website and Application, shall constitute the entire agreement between you and Dexterous Online Portal LLC concerning the Website and Application. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Dexterous Online Portal LLC's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

22.6 STATUTE OF LIMITATIONS

You agree that any cause of action arising out of or related to the Website and Application must commence within one (11) yearmonth after the cause of action accrues. Otherwise, such cause of action is permanently barred.

23. ONLINE/CREDIT CARD/DEBIT CARD PAYMENTS

In addition to the above mentioned terms and conditions, the following terms and conditions apply for users purchasing services/promotions directly from this website.
  1. United Arab of Emirates is our country of domicile and the local laws of United Arab Emirates are the governing laws.
  2. The website accepts payments in UAE Dirhams. The accepted modes of payment are Visa, Master Card and Paypal.
  3. We will not trade with or provide any services to OFAC and sanctioned countries.
  4. Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.
  5. Cardholder must retain a copy of transaction records and Merchant policies and rules.
  6. The user of this website is responsible for maintaining the confidentiality of their account.

23.1 Delivery Policy

Once the user has bought a promotion and made online payment against it, they will receive instant payment confirmation via email and SMS. The confirmation email and SMS will reach the customer within 2 hours of payment. Also, their purchased promotion will be emailed to them in the form of a voucher which can be redeemed by printing and taking to the vendor.

23.2 Refund Policy (for promotions purchased by customers)

There is no refund policy and all promotions once purchased are non-refundable.

Cancellation Policy

There is no cancellation policy and all promotions once purchased cannot be cancelled.