Your access to the FIXDEV Website (as defined below) is subject to these Terms of Service (as defined below) together with the documents referred to herein and all applicable laws.
Please read these Terms of Service carefully before you to start to use this Website, as these will apply to your use of this Website.
By accessing, browsing and/or using the Website, you confirm that you accept these Terms of Service and that you agree to comply with them.
Each time you use the Website, the current version of the Terms of Service will apply. We may revise these Terms of Service at any time by amending this page. It is your responsibility to review the most recent version of the Terms of Service frequently and remain informed about any changes to it. Your continued use of the Website constitutes acceptance of the revised Terms of Service.
If you do not agree to these Terms of Service, you must not use the Website.
These Terms of Service refer to our Privacy Policy, which also applies to your use of the Website. The Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.
The following terms shall have the following meanings:
| Term | Meaning |
|---|---|
| Account | collectively the personal information and credentials used by Users to access Material and/or the System and/or the Service on the Website |
| Business Day | a day in England when banks are open for business generally in the City of London |
| Content | any text, graphics, logos, icons, images, audio, video, software, data compilations, page layout and any other form of information capable of being stored in a computer that appears on or forms part of this Website |
| Data | collectively all information that you submit to the Website. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems |
| License | the additional applicable terms specified by FIXDEV LTD governing the use of Material from this Website |
| Material(s) | Content that FIXDEV LTD may make available for download, purchase or subscription (as applicable) by Users subject to the terms of the appropriate License |
| FIXDEV LTD, or 'we', or 'our', or 'us' | FIXDEV LTD, Registered in England No. 15698927 |
| Payment Information | any details required for the purchase of Material from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes |
| Privacy Policy | the policy which applies to our use of any and all Data collected by us in relation to your use of the Website and any Services or Systems |
| Purchase Information | collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form |
| Service | collectively any online facilities, tools, services or information that FIXDEV LTD makes available through the Website either now or in the future, and includes (if permitted by the applicable License) access to Materials |
| System | any online communications infrastructure that FIXDEV LTD makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links |
| Terms of Service | collectively all the terms and conditions set out on this page, including the Introduction, the Definitions & Interpretation, the General Terms of Service and the Schedule at the end (Submission of Materials by Users), all as amended and/or updated from time to time |
| User(s) | any third party that accesses the Website and is not employed by FIXDEV LTD and acting in the course of their employment |
| Website | the website that you are currently using (fix.dev) and includes any sub-domains of this website unless expressly excluded by their own Terms of Service |
1.1. Subject to these Terms of Service, we grant to you a limited, personal, revocable, non-exclusive, non-transferable license to access the Website and/or use the Service of the System (as applicable) for personal, non-commercial purposes. Use for any other purpose requires a separate explicit agreement to be negotiated and signed between you and FIXDEV LTD Your right to use the Service is limited by these Terms of Service. Except for this license granted to you, we retain all right, title, and interest in and to the Website, including all related intellectual property rights, where applicable. The Website is protected by applicable intellectual property laws, including the copyright laws of England and Wales and international intellectual property laws and treaties. We reserve the right to modify or terminate the applicable Service for any reason, without notice at any time.
2.1. Users may only maintain one single active registration with FIXDEV LTD. By accepting these Terms of Service, you certify that you personally have no other registration with FIXDEV LTD unless explicitly agreed with FIXDEV LTD by separate written agreement. Each User may select his or her own visible name, and may change this name from time to time. By becoming a User, you agree to have your visible name and such other content as you nominate as visible to other Users displayed on the Website. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Failure to conform to this requirement shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. Any username and password provided to you for your access to the Website and the Service shall be for your personal use only.
3.1. The Website (including all the Content) and the Service (including all Materials) should be used for information purposes only. FIXDEV LTD, and its employees and agents are not financial advisors and are not regulated by the UK Financial Conduct Authority (“FCA”) or any other global regulatory body. If you make investment decisions in reliance on information you receive in connection with the Service, you do so at your own risk and FIXDEV LTD, its employees, and its management will not be liable for any losses that you may sustain.
4.1. When using the Service, you must comply with all applicable laws, including without limitation, the rules and regulations of the FCA, the Financial Services and Markets Act 2000, the Financial Promotions Order 2005, the European Union Markets in Financial Instruments Directive (MiFID) (2004/39/EC), U.S. Securities and Exchange Commission (all as updated or replaced from time to time) and the national or other securities exchanges of any jurisdiction in which you are located or operate, or which apply to your activities, including compliance with rules against making false or misleading statements to manipulate the price of a security and any requirements regarding the promotion of investments or the listing of primary securities. You personally will not, and will not permit anyone else to:
4.1.1. store, copy, modify, distribute, or resell any of the Content made available on the Website or compile or collect any Content as part of a database or other work, except where such Content explicitly permits such use;
4.1.2. use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Content, except where such Content explicitly permits such use;
4.1.3. rent, lease, or sublicense your access to the Website to another person;
4.1.4. use the Service or Content for any purpose except for your own personal use save where explicitly permitted;
4.1.5. circumvent or disable any digital rights management, usage rules, or other security features of the Service or Content;
4.1.6. use the Service in a manner that threatens the integrity, performance, or availability of the Service or Content; or
4.1.7. remove, alter, or obscure any proprietary notices (including copyright notices and license terms) on any portion of the Content.
5.1. FIXDEV LTD asks that you respect our online community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Website, you agree not to:
5.1.1. use FIXDEV LTD’s facilities, services or resources (including but not limited to the Service, the Content and the System) in a manner which violates any applicable laws or regulations;
5.1.2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
5.1.3. impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.1.4. intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other Users without permission; solicit a User’s password or other Account information or Payment Information; or use other Users’ usernames, email addresses or other personal information for any purpose;
5.1.5. post submissions that contain nudity, violence, or offensive subject matter;
5.1.6. promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is unlawful, abusive, threatening, obscene, defamatory or libelous;
5.1.7. sell or otherwise transfer your profile or account on the Service; or
5.1.8. use FIXDEV LTD’s facilities, services or resources (including but not limited to the Service, the Content and the System) in a manner that interferes with or disrupts other Users, other network Users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorised entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorised security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
5.2. FIXDEV LTD reserves the right to investigate and take legal action against anyone who, in its sole discretion, violates the restrictions set forth in these Terms of Service, including without limitation removing any offending profile information or submissions, and terminating your Account and access to the Service.
6.1. Either FIXDEV LTD or you may terminate your Account. If FIXDEV LTD terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7.1. You acknowledge and agree that the Service, and any necessary software used in connection with the Service (“Software”), both contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by FIXDEV LTD, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. FIXDEV LTD grants you a personal, revocable, non-transferable and non-exclusive license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by FIXDEV LTD for use in accessing the Service.
7.2. Subject to the exceptions in Clause 7.5 of these Terms of Service, all Content, unless uploaded by Users, including all copyrights, trade marks and other proprietary and/or intellectual property rights is the property of FIXDEV LTD, or our affiliates. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and international intellectual property laws and other laws.
7.3. Uless otherwise indicated on the Website or unless given express written permission to do so by FIXDEV LTD, you may print, reproduce, copy, distribute, store or in any other fashion re-use Content for personal purposes only. Specifically you agree that:
7.3.1. you will not use the Content for commercial purposes (unless expressly stated to the contrary on the Website); and
7.3.2. you will not systematically copy Content with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by FIXDEV LTD
7.4. Certain Content and the intellectual property rights subsisting therein belongs to third parties. This Content, unless expressly stated to be so, is not covered by any permission granted in these Terms of Service to use Content from the Website.
7.5. Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
7.6. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FIXDEV LTD or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to other sites on this Website does not imply any endorsement of the sites themselves or of those in control of them.
7.7. Content may be removed at our sole descretion, and for any reason.
7.8. When submitting Content to the Website you should do so in accordance with the following rules:
7.8.1. you must not use obscene or vulgar language;
7.8.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.8.3. you must not submit Content that is intended to promote or incite violence;
7.8.4. it is advised that posts on message boards, chat facilities or similar and communications with FIXDEV LTD are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.8.5. you must not post links to other Websites containing any of the above types of Content referred to in this Clause 7.8;
7.8.6. the means by which you identify yourself must not violate these Terms of Service or any applicable laws;
7.8.7. you must not impersonate other people, particularly employees and representatives of FIXDEV LTD or our affiliates;
7.8.8. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks including the Software; and
7.8.9. you must not use our System for unauthorised mass-communication such as spam or junk mail.
7.9. You acknowledge that FIXDEV LTD reserves the right to monitor any and all communications made to us or using our System.
7.10. In order to create an Account, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
7.10.1. any information you submit is accurate and truthful; and
7.10.2. you will keep this information accurate and up-to-date.
7.11. By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant FIXDEV LTD a license to modify the Content as necessary for its inclusion on the Website. FIXDEV LTD accepts no responsibility or liability for any infringement of third party rights by such Content. You will indemnify and hold FIXDEV LTD, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused for infringement of any third party intellectual property rights anywhere in the world in consequence of FIXDEV LTD’s use any Content which you submit or related in any way to the Content which you submit.
7.12. Unless a User informs FIXDEV LTD otherwise, in advance of posting, in writing, and FIXDEV LTD agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as FIXDEV LTD may deem appropriate under a royalty-free, perpetual basis.
7.13. FIXDEV LTD will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of:
7.13.1. your use of any Content on the Website; or
7.13.2 any errors or omissions in any Content on the Website as made available by FIXDEV LTD, and your use of and reliance upon any Content on the Website is entirely at your own risk.
7.14. Content submitted by Users is at times screened by FIXDEV LTD prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to help@fix.dev. This does not constitute an undertaking to explain our actions.
7.15. In the event that any of the Terms of Service are not followed, FIXDEV LTD reserves the right to suspend or terminate your access to the Service and/or the System. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
8.1. FIXDEV LTD may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service (“Feedback”). You agree that FIXDEV LTD may, in its sole discretion, use the Feedback you provide to FIXDEV LTD in any way, including in future modifications to the Service. You hereby grant FIXDEV LTD a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
9.1. FIXDEV LTD makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided (including but not limited to Content and Materials) will be accurate. We make no guarantee of any specific results from the use of our Service. FIXDEV LTD may update the Website from time to time, and may change the Content at any time. However, FIXDEV LTD makes no warranty or representation that the Website or Content will be up to date at any given time.
9.2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.3. FIXDEV LTD makes no representation or warranty that the Content is suitable for use in commercial situations or that it constitutes accurate data and/or advice on which business decisions can be based.
9.4. Whilst every effort has been made to ensure that all descriptions of Services available from FIXDEV LTD correspond to the actual Services available, FIXDEV LTD is not responsible for any variations from these descriptions.
9.5. Save for these Terms of Service, no part of this Website is intended to constitute a contractual offer capable of acceptance.
9.6. Your use of the website, the service, the system, the content and/or the materials is at your sole risk. The Website, the Service, the System, the Content and/or the Materials are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, FIXDEV LTD expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the website, the service, the system, the content and/or the materials, and you rely on the website, the service, the system, the content and/or the materials at your own risk. Any material obtained through the service or any content obtained from the website is done at your own discretion and risk and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the service or content from the website. No advice or information, whether oral or written, obtained by you from FIXDEV LTD or through or from the website will create any warranty not expressly stated in these Terms of Service.
10.1. We give no warranty that the Service will be free of defects and/or faults.
10.2. FIXDEV LTD accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11.1. In the event that any party to these Terms of Service fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
12.1. Whilst every effort is made to keep viruses and similar malicious software or code out of the Website, the Service, the System, the Content and the Material provided by FIXDEV LTD, FIXDEV LTD accepts no liability for any damage done by such elements. You bear the responsibility of ensuring adequate virus protection for your own systems and are advised to make regular and frequent back-ups.
12.2. Whilst every effort has been made to ensure that these Terms of Service adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of the terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms of Service and shall not affect the validity and enforceability of the remaining Terms of Service. This provision shall apply only within jurisdictions where a particular term is illegal.
12.3. Nothing in these Terms of Service excludes or restricts FIXDEV LTD’s liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
12.4. FIXDEV LTD will not be liable for any loss or damage, whether in contract, tort (including negligence), for breach of statory duty, or otherwise, even if foreseeable for any:
12.4.1. Indirect, incidental, special, consequential, or exemplary loss or damage; or
12.4.2 direct or indirect (a) loss of profits, sales, business or revenue, (b) business interruption, (c) loss of anticipated savings, or (d) loss of business opportunity, goodwill or reputation, resulting from your use of the Website, the Service, the System, the Content or the Materials, or arising under or in connection with these Terms of Service, even if FIXDEV LTD has been advised of the possibility of such loss or damage.
12.5. Subject to clauses 12.3 and 12.4, under no circumstances will FIXDEV LTD's total liability of all kinds resulting from your use of the Service, the Materials, the Website or the Content, or arising under or in connection with these Terms of Service (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort (including negligence), or otherwise, exceed the total amount paid by you to FIXDEV LTD for use of the service in the 12 months immediately preceding the date of such claim. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
13.1. You will indemnify and hold FIXDEV LTD, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Website, the Service, the System, the Materials or the Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Website, the Service, the System, the Materials or the Content.
14.1. These Terms of Service and the relationship between you and FIXDEV LTD shall be governed by and construed in accordance with the laws of England and Wales and FIXDEV LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
15.1. All notices/communications shall be given to us by email to help@fix.dev. Such notice will be deemed the day of sending if the email is received in full on a Business Day and on the next Business Day if the email is sent on a weekend or public holiday.
16.1. In the event of any conflict between these Terms of Service and any prior versions thereof, the provisions of these Terms of Service shall prevail unless it is expressly stated otherwise.
17.1. If you have any questions or concerns about the Service or these Terms of Service please send all such enquiries, including a full and thorough description, to help@fix.dev.