Terms of Service
Welcome to the IPhixxWebsite, Https://Www.IPhixx.com Which Are Owned And Operated By IPhixx, A USACorporation, And Its Affiliates (collectively, the “Site” blog”).THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
By accessing or using the site, mobile applications, or blogs (collectively, the “Sites”) provided by IPhixx, www.iphixx.com or our booking site www.booking.iphixx.com, subsidiaries or other affiliates including our repair partner and the IPhixx and iPhixx.com, (collectively, “IPhixx,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites, or book orders, receive or use Services made available through the Sites (collectively, the “Services”). THESE TERMS APPLY TO ALL BOOKS OF ANY SERVICES AND SERVICES FROM IPHIXX AS WELL AS THE USE OF ANY MOBILE APPLICATIONS, BOOKING SITES, REPAIR PARTNERS, AND PARTICIPATION IN ANY EVENTS.
This IPhixx Agreement – T&C’s is a contract between you and IPhixx, IPhixx is a company registered in Ireland. With Company registration no. 1 800 938 825, having its registered office at Saint Martin’s Road, Rosslare Harbour, Wexford, Ireland Y35 C434, branded as IPhixx (“WE”), and covers all IPhixx made pursuant to this Website.
Our website is hosted in England. They provide us with the online website that allows us to provide our services to you.
When the following words with capital letters are used in these Terms, this is what they will mean:
(b)Event Outside Our Control: means any act or event beyond iPhixx’s reasonable control;
(c) iPhixx/We/Our/Us:iPhixx.com, a company registered in England Ireland with number***************, whose registered office is at Saint Martin’s Road, Rosslare Harbour, Wexford, Ireland Y35 C434, branded as IPhixx;
(d) repair partners: an iPhixx approved independent repair specialist engaged by you who is matched to you by iPhixx for Call-Out Repair Services;
(e) our site: www.iPhixx.com;
(f) Repair Services: any services that iPhixx is providing to you from time to time;
(g) Terms: the terms and conditions set out in this document; and
When iPhixx uses the words “writing” or “written” in these Terms, this will include e-mail unless iPhixx says otherwise.
We may collect and store personal identifiable information about you when you visit the Site (“Personal Data”). This information may include, but is not limited to, details such as your name, address, telephone number (when you contact us for Copyright infringements), URL, domain name, I.P. address, company name, job title or email address. We may use this information to contact you or your company about various Services and information’s from time to time. We may also collect and store information about you to improve the Site and improve user interaction based on the information collected.
1. These are the terms and conditions on which IPhixx supply Repair Services to you.
2. If you are a consumer, you may only book Repair Services from IPhixx if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to book Repair Services from IPhixx.
3. Where you wish to book an order for Repair Services through our site:-
2. (b) after you book an order, your order will be deemed to have been accepted when IPhixx issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and IPhixx.
4. If you wish to book an order with IPhixx by telephone, email or in person, you agree that your order constitutes an offer by you to book the Repair Services in accordance with these Terms. IPhixx’s acceptance of your order will take book when IPhixx issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and IPhixx.
5. Any quotation given by IPhixx shall not constitute an offer by IPhixx to provide Repair Services.
6. If you are not a consumer, you agree that these Terms apply to the contract between you and IPhixx to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
General Registration Requirements
Visitors are currently permitted to view only limited portions of the Site prior to deciding whether to become a Registered User. Full access to the Site and the Services is available only to Registered Users and, if a booking is required, then only to Registered Users who are also paid subscribers. If you wish to become a Registered User, you must register on our Site, you must complete the registration procedures displayed on the registration page(s) of the Site and, where applicable, pay the required booking fee. Some aspects of the Site and the Services are available to all Registered Users, and some are available only to Registered Users who have paid the required booking fee and/or other charges, all of which are posted at the Site.
Eligibility/Age Requirements for Access and Use of the Site
By accessing and using the Site, you acknowledge and agree that you are representing to us that you are over the age of 18 and you are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving Services and services, under England laws or other applicable jurisdiction. Registration, booking, access to and use of the Site and the Services are not available to users under the age of 18 and are void where prohibited by applicable law.
Requirements for Becoming a Registered User
By completing the registration procedures displayed on the registration page(s) of the Site, you acknowledge and agree that (a) you are representing to us that you are providing true, accurate, current and complete information about yourself as prompted by the registration form available on our Site (the “Registration Data”), and (b) you are obliged to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the Site and the Services (or any portion thereof).
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your booking or other book (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your IPhixx account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your plan or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Call-Out Repair Services – A Contract Between You And The Relevant Repair Partners
1. Where you require Call-Out Repair Services, please note that:
2. (b) each Repair Partners on IPhixx’s network has been background checked by IPhixx and has undergone technical assessments to ensure that the Repair Partners has the right skills to conduct the Call-Out Repair consultation Services to a high standard;
3. (c) IPhixx provides a means to enable customers who seek Call-Out Repair Services to be matched to an Repair Partners on IPhixx’s network of technicians;
4. (d) IPhixx does not provide any repair services whatsoever to you, it is up to the Repair Partners who you contacts to decide whether or not to provide the Call-Out Repair Services to you, and it is up to you to decide whether or not to accept the Call-Out Services from any Repair Partners contacted through IPhixx;
5. (e) the contract for the provision of Call-Out Repair Services will be between you and the Iphixx on the basis of these Terms; and
6. (f) the price quoted to you for the Call-Out Repair Services in respect of each device is an indicative non-binding quote issued by Repair Partners(on behalf of the Iphixx) based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device. The Repair Partners will verify your device(s) on arrival. If there is any change to the indicative price quoted to you (for example, because the information you have provided to IPhixx about the defect/fault in your device(s) is incorrect; and/or if the Repair Partners identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but the Repair Partners discovers that the actual repair required is a different repair (for example a new screen); and/or IPhixx has made a mistake in communicating the pricing to you), the Repair Partners will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, the Repair Partners shall not perform the Call-Out Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you relating to the Call-Out Repair Services.
2. Where you enter into a contract with an Repair Partners for Call-Out Repair Services, in addition to your rights against the Repair Partners:
(b) you may make any complaints regarding the Repair Partners to us at any time and we shall investigate your complaint.
3. Where you enter into a contract with an Repair Partners for Call-Out Repair Services you agree that:
(b) IPhixx simply offers information and a method through to connect you and Repair Partners’s with each other, but IPhixx does not and does not intend to provide any services to you or act in any manner as a provider of repair services; and accordingly, save as provided by clause (above), IPhixx has no liability or responsibility for any Call-Out Repair Services voluntarily provided to you by any Repair Partners and/or the acts and/or omissions of any Repair Partners.
(c) We operate both from our own location in Rosslare Harbour and also through our retail partners who use our web app so customers can walk into their stores and bring their device in to book in for repair. Once the device is booked in for repair, it is shipped directly to us in Rosslare Harbour, where we repair the device and send it back to the store for the customer to drop it off
4. If you are a consumer, you may only book Call-Out Repair Services if you are at least 18 years old, and will be required to make payment directly on the Iphixx.com booking site.
5. If you are not a consumer, you confirm that: (a) you have authority to bind any business on whose behalf you seek to book Call-Out Repair Services; (b) you and shall make payment for the Call-Out Services to IPhixx in accordance with clausesof these Terms; and (c) these Terms apply to the contract between you and the Repair Partners to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
6. You may cancel an order for Call-Out Repair Services at any time before the Repair Partners commences transfer of your device to our location. If your cancellation takes effect once the Repair Partners has commenced transfer to our location, you will have to pay the Repair Partners a non-refundable call out fee stated on our site.
7. The provisions of clause (Repair Conditions), clause (Liquid Damage Repairs), clause (Diagnostic Services), clauses (No Fix-No Fee Policy), clause (VAT), clause (Late Payment), clause (Warranty), clause (Parts), clause (Limitation of Liability), clause (Events beyond our control) clause, (other important terms) shall apply in like terms to the Call-Out Repair Services and the contract between you and the Repair Partners.
Changes To Order Or Terms
1. IPhixx amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
2. Every time you book an order for Repair Services from IPhixx, the Terms in force at the time of your order will apply to the contract between you and IPhixx. Every time you book an order Call-Out Repair Services, the Terms in force at the time of your order will apply to the contract between you and the Repair Partners.
3. IPhixx may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
4. You may make a change to the order for Repair Services at any time before the start date for the Repair Services by contacting IPhixx. Where this means a change in the total price of the Repair Services, IPhiwill notify you of the amended price in writing. You can choose to cancel the order in accordance with this terms in these circumstances
Children Online Privacy Protection Policy
Member Account, Password and Security
You Will Be Responsible For Maintaining And Securing The Security And Confidentiality Of Your Password And Account Information. YouWill Be Fully Liable And Responsible For All Access To Use OurSiteAnd Services That Occur Under Your Account Or Password. You Also Agree To Instantly Notify Us By Of Any Unauthorized Use Of Your Account, Password Or Any Form Of Breach Of Security, AndAlso Make Sure You Sign Out From Your Account At Every End Of Each Session.
By booking an order, you:
2. acknowledge that whilst IPhixx’s technicians are trained repair specialists, IPhixx is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
3. agree to release, indemnify, and hold IPhixx and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by IPhixx’s negligence;
4. agree that where the Repair Services relate (in any way) to liquid damage on your device(s), the warranty in these terms does not apply to any liquid damaged device(s);
5. agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and IPhixx accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and IPhixx therefore highly recommends that you back up your device(s) prior to allowing IPhixx to work on your device(s);
6. agree that you are responsible for removing any SIM and/or memory cards on your device(s) and IPhixx shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
7. acknowledge that any Repair Services rendered by IPhixx may void manufacturer warranties for your device(s), and that IPhixx does not assume any liability or warranty if the manufacturer warranties are voided. If you do not wish to void your warranty, you should not book on order with IPhixx and take your device(s) to the relevant manufacturer;
8. agree that it is your responsibility to inform IPhixx accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). IPhixx will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which Repair Partners will advise you of before proceeding;
9. Where the Repair Services involve the repair of water proof devices, Repair Partners cannot guarantee the device(s) will remain water proof following completion of the Repair Services.
10. The12 month warranty we supply with all screen replacements, only covers manufacture defect. It does not cover physical damage.
Preservation andDisclosure OfAccount Information And User Content
You Agree And Acknowledge That IPhixxMay Preserve, Access, And Disclose Your AccountUser Content, And Information If Required In A Good Faith Belief Or By Law That Such Access, Disclosure Or Preservation Is Very Necessary To:
(A) ComplyWith Legal Jurisdiction;
(B) EnforceThis AgreementAndTerms;
(C) RespondTo Claims That Any Site Content Violates The Rights Of Third Parties;
(D) RespondTo Your Requests For Customer Service; Or Perhaps
You Agree And Acknowledge That The Sites And The Services, As Well As The Software Incorporated Within The WebpageAnd Services, May Without Notice Include Security Components That Will Permit Digital Resources To Be Accessed, Protected Or Used, And The Use Of These Security FeaturesWill Be Subject To Usage Rules Set By Us Or Content Providers Who Provide Us Contents. You Are Obligated Not To Attempt To Circumvent Or Override Any Such Security Features& Usage Rules Embodied In OurSiteAnd Services.
You Are Not Permitted To Resell Or Otherwise Use The Said ServicesFor Any Kind Of Commercial Purposes.
Timing, Posting Your Device(S) And Return Of Your Device(S)
1. Whilst IPhixx aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with IPhixx. In any event, all times for performance of the Repair Services are approximate only, and IPhixx will not be liable for any compensation as a result of late delivery of the Repair Services
Delivery to you of your device(s)
Any device(s) shipped to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, unrepaired or with further faults you must inform IPhixx in writing within 3 days of receipt. If you do not inform IPhixx within 3 days or receipt, IPhixx shall have no liability if your device(s) is/are damaged/faulty on arrival. This does not affect your statutory rights, or any other rights under these Terms.
(a) all devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.
Sending your device(s) to IPhixx
The following provisions apply in relation to sending your device(s) to IPhixx:
1. please remove all sim and memory cards from your device(s) before sending your device(s) to IPhixx for repair; and
2. The careful shipping of your device(s) to IPhixx is your responsibility. If the device(s) arrive with IPhixx with further damage, or is/are lost in transit, you, as the shipper shall bear full responsibility for that risk of loss. When sending your device(s) if you choose to include separate parts you are sending these at your own risk and IPhixx will not be held responsible if these parts go missing before your package is delivered to IPhixx. Please ensure the parts are well sealed and wrapped so nothing goes missing.
3. If the phone cannot be tested at the point of drop off, we waive all responsibility to the outcome of the repair
4. If the components are in stock, we will have the repair completed the same day the device arrives
5. The 12 month warranty we supply with all screen repairss, only covers manufacture defect. It does not cover physical damage
Due To Certain Licensing Restrictions we On Our Titles, Some Content May Not Be Available in Your Geographic Location, And Therefore, Cannot Be Viewed. If At Any Time You Feel This Inhibits Your Experience Upon Purchasing AnIPhixxBooking, Please Contact Our Customer Service Department And We Will Work With You In Order To Remedy The Situation. You Can Reach Customer Service by Email At Info@IPhixx.Net
Liquid Damage Repairs
Where any part of the Repair Services include liquid damage repairs it is agreed that:
(a) WhilstIPhixx will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, IPhixx shall have no liability for failing to repaid any liquid damaged device;
(b) The warranty in these terms shall not apply to any liquid damaged device; and
(c) IPhixx’s no fix-no fee policy (set out in clause below) shall not apply.
Intellectual Property Rights
By Using This Website You Agree That All The Information, Communications, Photography, Text, Images, Graphics, Software, Trademarks, Trade Names, Logos And Other Materials And Services On This Website (The “Content”) Are Protected By Copyright, Trademark, Database Rights And Other Intellectual Property Laws Under The National Laws Of The Us And International Treaties.
You Agree Not To Copy, Modify, Download, Transmit, Display, Distribute, Perform, Reproduce, License, Publish, Create Derivative Works From, Transfer Or Sell Any Information Contained On Or Forming Part Of This Website, Or Otherwise Use Such Content Of This Website For Re-Sale, Re-Distribution Or For Any Other Commercial Use, Without The Consent Of IPhixxBvAnd/Or Its Licensors As The Case May Be.
All Property Rights, Title And Interest In And To The Content Shall Be At All Times And For All Purposes Remain Vested In IPhixxBvAnd/Or Its Licensors, As The Case May Be.
You May Access Website And Content As Available: For Your Information And Personal Use, As Intended Through The Normal Functionality Of The IPhixx Service. For Streaming, ‘Streaming’ Or ‘Stream’ Means A Contemporaneous Digital Transmission Of An Audiovisual Work Via The Internet From The IPhixx Service To A User’s Device In Such A Manner That The Data Is Intended For Real-Time Viewing And Not Intended To Be Copied, Stored, Permanently Downloaded, Or Redistributed By The User. Accessing Website Videos For Any Purpose Or In Any Manner Other Than Streaming Is Expressly Prohibited
Where any part of the Repair Services include IPhixx’s diagnostic services it is agreed that:
(a) the charges for the diagnostic services are payable regardless of the outcome and accordingly, IPhixx’s no fix-no fee policy (set out in the clause below) shall not apply;
(b) whereIPhixx diagnoses the fault with your device(s), IPhixx will advice you of the cost to repair your device(s). If you wish to proceed with the repair of such device(s), a new contract will come into existence between you and IPhixx on the basis of these Terms provided that IPhixx agrees to deduct the diagnostic fee paid by you from the cost of the Repair Services; and
(c) whereIPhixx considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to IPhixx for carrying out the diagnostic services
The Site And The Services May Include Features That Permit You To Post User Content, Which Includes And Applies To (But Is Not Limited To) Content Of Your Own, Comments On The User Content Posted By Other Registered Users, And Communications With Other Registered Users. Such User Content Includes But Is Not Limited To Information, Data, Text, Software, Music, Sound, Photographs, Graphics, Video, Messages, Tags, Or Other Materials. You Acknowledge And Agree That You Shall Not Use The SiteAnd/Or The Service To Post Or Other Transmit User Content That:
- Is Patently Offensive And/Or Promotes Racism, Bigotry, Hatred Or Physical Harm Of Any Kind Against Any Group Or Individual;
- Harasses Or Advocates Harassment Of Another Person;
- Exploits People In A Sexual Or Violent Manner;
- Contains Nudity, Violence, Or Offensive Subject Matter;
- Solicits Personal Information From Anyone Under The Age Of Eighteen (18);
- Provides Any Telephone Numbers, Street Addresses, Last Names Or Email Addresses Of Anyone Other Than Your Own;
- Promotes Information That You Know Is False Or Misleading Or Promotes Illegal Activities Or Conduct That Is Abusive, Threatening, Obscene, Defamatory Or Libelous;
- Violates Any Intellectual Property Or Other Proprietary Right Of Any Third Party, Including User Content That Promotes An Illegal Or Unauthorized Copy Of Another Person’s Copyrighted Work, Such As Providing Pirated Computer Programs Or Links To Them, Providing Information To Circumvent Manufacture-Installed Copy-Protect Devices, Or Providing Pirated Music Or Links To Pirated Music Files;
- Involves The Transmission Of “Junk Mail,” “Chain Letters,” Or Unsolicited Mass Mailing, Instant Messaging, “Spimming,” Or “Spamming”;
- Contains Restricted Or Password Only Access Pages Or Hidden Pages Or Images (Those Not Linked To Or From Another Accessible Page);
- Furthers Or Promotes Any Criminal Activity Or Enterprise Or Provides Instructional Information About Illegal Activities Including, But Not Limited To Making Or Buying Illegal Weapons, Violating Someone’s Privacy, Or Providing Or Creating Computer Viruses;
- Solicits Passwords Or Personal Identifying Information For Commercial Or Unlawful Purposes From Other Members;
- Involves Commercial Activities And/Or Sales Without Our Prior Written Consent, Such As Contests, Sweepstakes, Barter, Advertising, Or Pyramid Schemes;
- Includes A Photograph Of Another Person That You Have Posted Without That Person’s Consent Or, In The Case Of Children Under The Age Of Eighteen (18), Parental Consent, Or Otherwise Constitutes An Invasion Of An Individual’s Privacy Or Infringement Of Publicity Rights; Or
- Contains A Virus Or Other Harmful Component.
No Fix-No Fee, And Price And Payment
1. Subject to these terms IPhixx operates a “no fix-no fee” policy towards the repair of your device(s) which means that if IPhixx does not repair a device, then you do not pay a charge in relation to the device that has not been repaired. IPhixx will have no liability to you if it unable to repair your device(s), as IPhixx cannot guarantee that your device(s) are capable of repair.
2. IPhixx’s “no fix-no fee” policy does not apply:
2. (b) where the Repair Services include liquid damage repairs; or
3. (c) to any element of the Repair Services which have been completed. For example, if your device requires a screen rebookment (completed successfully) and fixing the power button (not completed), the “no fix-no fee” policy would apply to the costs of repairing the power button, but you would still be required to pay for the screen repaired.
3. Where IPhixx’s “no fix-no fee” policy applies, IPhixx shall refund any sum previously paid by you to IPhixx (less, the postage costs of returning the device(s) to you).
Some Of The Cookies We Use Are Essential For Our Sites To Function Correctly – For Example Keeping Track Of Items That Have Been Added To Your Shopping Basket Or Remembering You Have Logged In. Other Cookies May Be Used To Personalize Your Online Experience, Track Your Journey Through Our Site (So That We Can Maximize Your Experience And Help Us Understand How We Can Improve It) Or Analyses The Success Of Promotions. Other Cookies May Be From Third Parties Such As Social Networking Sites, Affiliates Or Partners. For More Information About Our Cookies Policy Please Visit Our Cookies Policy Page.
Price and Payment
The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by IPhixx based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.
On receipt of your device(s), IPhixx will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to IPhixx about the defect/fault in your device(s) is incorrect; and/or if IPhixx identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but IPhixx discovers that the actual repair required is a different repair (for example a new screen); and/or IPhixx made a mistake in its pricing), IPhixx will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, IPhixx shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to IPhixx relating to the Repair Services (less the postage costs of returning the device(s) to you).
Where you do not have a credit account with IPhixx with sufficient credit, IPhixx will ask you to make an advance payment of 100% of the price of the relevant services. Your rights to a refund or cancellation are set out in these terms and you must pay each invoice in cleared funds using any method specified on our site.
Where you have a credit account with IPhixx with sufficient credit available, you must pay each invoice rendered by IPhixx within 7 days of the date of the invoice in cleared funds without any reduction, deduction or set-off.
If you are a consumer, all of IPhixx’s prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services. If you do not make any payment due to IPhixx by the due date for payment, IPhixx may:
1. retain your device(s) and charge an additional fee (being the charges set out on our site) for storage of your device(s) until all payments due have been paid in full.
Warranty And If There Is A Problem With The Services
1. Except as provided by this terms, IPhixx’s Repair Services are backed by a 12 month parts and labour warranty. This warranty does not apply to diagnostic services or liquid damage repairs
IPhixx Hereby Grants To Registered Users A Limited, Personal, Revocable, Non-Sub Licensable License To Display A Single Copy Of The IPhixx Content And The Third-Party Content Located On Or Available Through Our SiteOr Service (Excluding Any Software Code Therein) Solely For Your Single, Personal, Non-Transferable And Non-Commercial Use In Connection With Viewing Our Site And Using The Services During The Term Of Your Registration. All Such Use Is Subject To The Terms And Conditions Set Forth In This Agreement And May Be Terminated By IPhixxAs Set Forth In This Agreement. Except For User Content Posted By You, You May Not Copy, Store, Modify, Translate, Publish, Broadcast, Transmit, Distribute, Perform, Display, Make Available, Or Sell Any Site Content For Any Purpose Whatsoever.
Scope of Warranty
Please note that that the warranty in these terms is limited to:
1. (a) computer device screen and any other repaired or rebookd parts that malfunction, or do not work as intended or designed; and/or
2. (b) the parts and/or services that were paid for by you to IPhixx. If only parts were bookd, this warranty is limited to the rebookment of the parts in accordance with these terms. If parts and repair services were bookd from IPhixx, the warranty extends to cover the labour cost of part rebookment and any other repairs specifically resulting from the initial repair, except in the situations outlined below.
3. (c) 12 months from the date of the original repair. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done 3 months after the original repair the warranty would still end 12 months after the date of the original repair.
What the warranty does not protect against
The warranty in these termsdoes not protect against any of the following relating any relevant device which is the subject of the Repair Services:
1. (a) any mishandling that causes subsequent damage to the relevant device(s);
2. (b) water or other liquid damage;
3. (c) damage or faults resulting from attempted customer or third party repairs at any time;
(d) software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;
(e) any jail broken or “rooted” device;
(f) water proof devices, as IPhixx cannot guarantee the device(s) will remain water proof following the Repair Services;
(g) new damages unrelated to the original Repair Services; and/or
(h) any loss of data occurring as a result of the repair – customers are advised to back up all data on the device(s) to be repaired prior to the repair. IPhixx does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and IPhixx is not required to advise or remind customers of appropriate backup and other procedures.
The warranty in these termsdoes not cover the outcome of the Repair Services if certain pre-repair conditions exist in relation to the relevant device the subject of the Repair Services, including:
(a) existence of known manufacturing and/or performance issues related to the device(s) which is separate from the Repair Services, as noted prior to the Repair Services;
(b) water or other liquid damage;
(c) any jail broken or “rooted” device(s);
(d) pre-existing damage or faults resulting from attempted customer or third party repairs at any time;
Examples OfLimitations On Use
Any Non-Commercial Reuse Of Any Portion Of The Site Content By A Registered User That Falls Within What Is Allowed As “Fair Use” Under The USCopyright And Trademark Law Is Permitted. In Addition To The Limitations Set Forth In This Terms Above (“Limited License”), And By Way Of Example Only, No Commercial Storage, Use, Reproduction Or Transmission Of Any Site Content Is Permitted Under Any Circumstances. The SiteAnd The Services May Not Be Used In Connection For Any Commercial Purposes Except As Specifically Approved In Writing And In Advance By An Authorized Representative Of IPhixx. Unauthorized Framing Of Or Linking To Any Of Our SiteIs Prohibited. Commercial Advertisements And Other Commercial Content, Affiliate Links, And Other Forms Of Solicitation May Be Removed By IPhixxFrom The SiteAnd The Services Without Notice And May Result In Termination Of Registration And Booking And Denial Of Access To And Use Of The SiteAnd The Services.
The warranty in these terms is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices is sold or given to another person.
Damage caused by IPhixx
If any relevant device is irreparably damaged as a direct result of a repair attempted by IPhixx and payment has been rendered by you, you are entitled to a fully functional refurbished device of equal or greater value of the damaged device based on its model and condition as received and with the original repair issue resolved, or the monetary equivalent of fair market value of the device in that condition as determined by IPhixx. If payment was not rendered for the Repair Services, the repair price shall be deducted from the value of the relevant device, or a refurbished device of the same damaged condition as received shall be offered. In order to receive a rebookment device, the relevant damaged device must be rendered to IPhixx.
In the unlikely event that there is any defect with the Repair Services which is covered by the warranty in these terms:
1. (a) please contact IPhixx and tell IPhixx as soon as reasonably possible after becoming aware of any defect;
2. (b) please give IPhixx a reasonable opportunity to repair or fix any defect; and
3. (c) IPhixx will use every effort to repair or fix the defect within 5 working days.
You will not have to pay for IPhixx to repair or fix a defect with the Repair Services under this terms.
If you are a consumer, you have legal rights in relation to Repair Services not carried out with reasonable skill and care, or if the materials IPhixx uses are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
1. As part of the Repair Services provided to you, IPhixx may provide you with rebookment parts (“Parts”) and accessories (“Accessories”) supplied by third parties.
2. IPhixx warrants to you that from the date the Parts or Accessories are provided to you and for a period of 12 months thereafter (“Warranty Period”), each Part and Accessory provided to you as part of the Repair Services will be materially free of manufacturing defects. IPhixx’s sole obligation, and your sole remedy, under this warranty is limited to, at IPhixx’s sole discretion, either repair or rebookment of the defective Part or Accessory. This warranty is non-transferable.
3. IPhixx obligations under the warranty in these terms is conditional on your prompt notification to IPhixx of any warranty claim and complying any warranty procedures provided to you.
4. The warranty under these terms specifically excludes:
2. (b) any defects, damage or errors that (1) occurred after shipping by IPhixx, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality;
3. (c) warranty claims by any individual other than you, or warranty claims after the Warranty Period; and
4. (d) any warranty claim for which IPhixx determines that there is no defect in the returned Part or Accessory.
Reservation of Rights
IPhixx Content And Third-Party Content Are Protected By Copyright, Trademark, Patent, Trade Secret And Other Laws. IPhixxAnd Its Third-Party Licensors Owns And Retains Their Respective Rights, Title And Interest In And To Their Respective Content Subject Only To The Limited Licensed Granted To Registered Users As Set Forth Above.
IPhixx’s Liability to You
1. If IPhixx fails to comply with these Terms, IPhixx is responsible for loss or damage you suffer that is a foreseeable result of IPhixx’s breach of the Terms or IPhixx’s negligence.
2. To the extent permitted by law, IPhixx shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
3. You agree that if any device is lost or damaged further than the condition it was released to IPhixx in, IPhixx’s liability to you will be limited to the cost of repair or rebookment of the relevant device in its condition at the time of transfer to IPhixx based on current fair market value. IPhixx’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable rebookment device.
4. To the extent permitted by law, IPhixx’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
5. Nothing in this clause 15 shall apply so as to limit or exclude IPhixx’s liability for: (a) death or personal injury resulting from IPhixx’s negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
6. IPhixx shall not be liable for any non-warranty related claim arising under this contract unless you give IPhixx written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.
Events outside Our Control
1. IPhixx will not be liable or responsible for any failure to perform, or delay in performance of, any of IPhixx’s obligations under these Terms that is caused by an Event outside Our Control.
2. If an Event Outside Our Control takes book that affects the performance of IPhixx’s obligations under these Terms:
2. (b) IPhixx obligations under these Terms will be suspended and the time for performance of IPhixx’s obligations will be extended for the duration of the Event outside Our Control. Where the Event Outside Our Control affects IPhixx’s performance of Repair Services to you, IPhixx will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.
Your Rights To Cancel And Applicable Refund
Before IPhixx begins to provide the Repair Services, you have the following rights to cancel an Order for Repair Services, including where you choose to cancel because IPhixx is affected by an Event Outside Our Control or if IPhixx changes these Terms under these terms to your material disadvantage:
(a) you may cancel you Order at any time before IPhixx has started the Repair Services by contacting IPhixx. IPhixx will confirm your cancellation in writing to you; and
(b) you cannot cancel your Order once IPhixx has started the Repair Services;
(c) if you cancel an Order under these terms (a) (i) and you have made any payment in advance for Repair Services that have not been provided to you, IPhixx will refund these amounts less the postage cost incurred by IPhixx to return the device(s) to you.
Where you have cancelled an Order because of IPhixx’s failure to comply with these Terms (except where IPhixx has been affected by an Event Outside IPhixx Control in which case these terms shall apply), you do not have to make any payment to IPhixx.
Link ToThird Party And Other Sites
You May Cancel Your MembershipOr Registered Account At Any Time For Any Reason. To Cancel Your Recurring Booking, Please Visit “Your Account” At www.IPhixx.comFollowing A Cancellation, You Will Lose Access To All Training Plans You Enrolled In During Your Membership At The End Of Your Billing Period. If You Choose To Sign Back Up As A Member, Your Billing Date Will Update To The Day You Paid.
Due To The Global Nature Of The Internet, You Acknowledge And Agree That You Are Obliged To Comply With All Applicable Laws, Rules And Regulations Regarding The Access To And Use Of The SiteAnd The Services. By Way Of Example Only, You Acknowledge And Agree That You Are Obliged To Comply With All Applicable Laws Regarding The Transmission Of Technical Data Exported From The USAOr The Country In Which You Reside, And That Restrictions On Access To And/Or Use Of Some Site Content May Apply To Users Based On Their Book Of Domicile, Residence And/Or Use.
DMCA Copyright Policy
Here’s What Happens If Somebody Thinks Something Infringing Is Posted to the Site orServices.
In Accordance With theDigital Millennium Copyright Act (The “DMCA”), IPhixxHas Adopted The Following Policy Toward Copyright Infringement On The Services. If We Believe a User May Be Infringing upon Someone’s Intellectual Property Rights, We May Remove the Material. If We Believe Someone Is Repeatedly Infringing, We Will Terminate That Person’s Access Rights. If You Believe Someone Has Posted On The Services A Work That You Own Without Your Authorization, Please Send A Notice Of Copyright Infringement Containing The Following To Our Designated Agent (Whose Contact Information Is Below):
- Identification Of Works Or Materials Being Infringed;
- Identification Of The Material That Is Claimed To Be Infringing Including Information Regarding The Location Of The Infringing Materials That The Copyright Owner Seeks To Have Removed, With Sufficient Detail So That We Are Capable Of Finding And Verifying Its Existence;
- Your Contact Information, Including Address, Telephone Number And, If Available, E-Mail Address;
- A Statement That You Have A Good Faith Belief That The Material Is Not Authorized By The Copyright Owner, Its Agent, Or The Law;
- A Statement Made Under Penalty Of Perjury That The Information Provided Is Accurate And You Are Authorized To Make The Complaint On Behalf Of The Copyright Owner; And
- A Physical Or Electronic Signature Of A Person Authorized To Act On Behalf Of The Owner Of The Copyright That Has Been Allegedly Infringe.
Please Contact TheDesignated Agent To Receive Notification Of Claimed Infringement
Take-Down Notices Under The DMCA Copyright Infringement
IPhixx Will Receive And Evaluate Notices Of Copyright Infringement And Take Appropriate Actions Under THE DIGITAL MILLENNIUM COPYRIGHT ACT, TITLE17, US Code, Section 512(C)(2) (“DMCA”). Written Notices Of Claimed Copyright Infringement Must Be In Strict Compliance With All Terms And Conditions Of The DMCA And Must Be Submitted According To The Procedures Set Forth In The DMCA To The Following Designated Agent For IPhixx:
Name OfAgent Designated To Receive Notification Of Claimed Infringement On Behalf Of IPhixx, Inc.:Director Of Content Acquisition And Content
Full Address OfDesignated Agent To Which Notification To IPhixx Should Be Sent:
Email Of Designated Agent:email@example.com
Registered User OrMembership Disputes
You Are Solely Responsible For Your Interactions With Other Registered Users. IPhixxReserves The Right, But Has No Obligation, To Monitor Disputes Between You And Other Registered Users.
Waiver Of Claims
You Hereby Waive, Release And Discharge The IPhixx-Related Parties From And Against Any Claims That You May Be Entitled To Make By Reason Of Any Use Of Your User Content Authorized Under This Agreement And/Or By Reason Of Your Participation In Any Of The Communications And Social Networking Features Of The Services, Including But Not Limited To, And By Way Of Example Only, Any Claims Based On Copyright Infringement, Trademark Infringement, Rights Of Privacy Or Publicity, Defamation And Otherwise.
Federal Arbitration Act
You And IPhixx Agree That These Terms Affect Interstate Commerce And That The Enforceability Of This Section Shall Be Both Substantively And Procedurally Governed By And Construed And Enforced In Accordance With The Federal Arbitration Act, 9 U.S.C. § 1 Et Seq. (The “FAA”), To The Maximum Extent Permitted By Applicable Law.
PCI DSS GDPR Compliance
Payment Card Industry Data Security Standards (PCI DSS) Refers To The Global Information Standard Set By The Payment Card Industry To Assist With The Prevention Of Payment Card Fraud.
IPhixx’s Most Valuable Assets Are Its Customers And Partners; We Value And Care About Their Security, And For This Reason We Undertook The Very Rigorous Process Of Becoming PciDss Certified Globally.
IPhixx Warrants That It Is PCI DSS Compliant And Must Remain Compliant For The Duration Of This Agreement. IPhixxWill Store, Process And Transmit All Cardholder Data In Accordance With The PCI DSS.
Some Jurisdictions Do Not Allow The Exclusion Of Certain Warranties Or The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages. Accordingly, In Certain Jurisdictions, Some Of The Above Limitations Of Liability May Not Apply To You. In Any Such Case, And/Or If Any Terms Or Conditions Of This Agreement Are Held To Be Invalid For Any Reason Whatsoever, This Agreement Shall Remain In Full Force And Effect On Its Remaining Terms And Conditions Of This Agreement Unless And Until Terminated By IPhixx.
Furthermore, If Any Term Or Condition Of This Agreement Is Found By A Court Of Competent Jurisdiction To Be Invalid, The Parties Nevertheless Agree That The Court Should Endeavor To Give Effect To The Intentions Of The Parties As Reflected In The Invalidated Provision.
You Agree To Indemnify, Defend, And Hold Harmless The IPhixx-Related Parties From Any And All Third Party Claims, Losses, Liability, Damages, And/Or Costs (Including Reasonable Attorney Fees And Costs) Arising From Your Breach Of The Terms Of This Agreement, Or Your Infringement, Or Infringement By Any Other User Of Your Account, Of Any Intellectual Property Or Other Right Of Any Person Or Entity. IPhixx Will Use Its Reasonable Best Efforts To Notify You Promptly Of Any Such Claim, Loss, Liability, Or Demand, And Will Provide You With Reasonable Assistance, At Your Expense, In Defending Any Such Claim, Loss, Liability, Damage, Or Cost.
Other Important Terms
1. IPhixx may transfer IPhixx’s rights and obligations under these Terms to another organisation, and IPhixx will always notify you in writing if this happens (except where IPhixx uses a sub-contractor to perform the Repair Services), but this will not affect your rights or IPhixx’s obligations under these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if IPhixx agrees in writing.
3. This contract is between you and IPhixx. No other person shall have any rights to enforce any of its terms.
4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
5. If IPhixx fails to insist that you perform any of your obligations under these Terms, or if IPhixx does not enforce IPhixx’s rights against you, or if IPhixx delays in doing so, that will not mean that IPhixx has waived IPhixx’s rights against you and will not mean that you do not have to comply with those obligations. If IPhixx does waive a default by you, IPhixx will only do so in writing, and that will not mean that IPhixx will automatically waive any later default by you.
If you are not a consumer:
1. (a) these Terms and any document expressly referred to in them constitutes the entire agreement between you and IPhixx and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
2. (b) you acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
3. (c) you and IPhixx agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
6. These Terms are governed by English law. You and IPhixx both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
7. IPhixx.com Gift Cards are non-refundable and valid for 12 months from date of book and are redeemable for Mail-in repairs only not Call-out Repairs.
8. Any devices that are not collected from us after 6 months will be disposed of
Data Protection Policy
This Policy Intends To Provide The Visitors Of (Hereinafter: Website) With Clear And Detailed Information On The Manner Their Personal Data Are Processed And, In Particular, On The Types Of Processed Data, The Legal Basis Of Data Processing And Their Rights And Legal Remedies Related To the May 25th, 2018 GDPR Data Processing Acts.
Privacy, SecurityComplying With TheEU GDPR Data Protection Act
IPhixx Is Committed To Protecting The Privacy Of Your Personal Information And That Of Our Users. By Using The IPhixx Services, You Acknowledge And Agree That IPhixx Collection, Usage And Disclosure Of This Personal Information Is Governed By Our Terms And Copyright Policy. Additionally, If: (A) You Are Established In The European Economic Area (EEA); (B) You Provide Goods Or IPhixx Services To Users In The EEA; Or (C) You Are Otherwise Subject To The Requirements Of The Eu General Data Protection Regulation, IPhixx’s Collection And Use Of Personal Information Of Any European Residents Is Also Subject To Our Data Processing Addendum.
We Collects And Uses Personal Data Of Users To The Extent That Is Necessary For The Creation, Of Services Or Modification Of The Contractual Conditions For IPhixx Website Between The User And IPhixx Site
We May Also Require You To Follow Additional Rules, Guidelines Or Other Conditions (“Additional Terms”) In Order To Participate In Certain Promotions Or Activities Available Through Our Site, To Obtain Certain Premium Site Content Through Our Site, And/Or For Other Reasons. In Addition, Certain Additional Terms Will Govern Your Booking To The Services And Any Books You Make Through The Online Store. These Additional Terms Will Be Posted On The Relevant Portions Of Our Site Or On The Portions Of Our Site That Describe The Specific Promotions, Content, Or Activities. These Additional Terms Are Incorporated By Reference In This Agreement, And You Agree To Comply With Them When You Participate In Those Promotions, Book Items From Our Online Stores, Or Otherwise Engage In Activities Governed By Such Additional Terms.
Modification And Discontinuation
We Reserve The Right At Any Time To Modify, Edit, Delete, Suspend Or Discontinue, Temporarily Or Permanently The SiteAnd/Or The Services, Or Any Portion Thereof, With Or Without Notice. You Agree That We Will Not Be Liable To You Or To Any Third Party For Any Such Modification, Editing, Deletion, Suspension Or Discontinuance Of The SiteAnd/Or The Services.
Choice Of Law And Governing Law
This Agreement/Contractand the Relationship between You and IPhixx Shall Be governed and construed by theEnglishlawsWithout Regard To Its Conflict Of Law Provisions, Including That Required By The EU General Data Protection Regulation (GDPR) And Of Every Country Or Legal Jurisdiction In Which We Aim To Do Business. If You Think It Fails To Satisfy The Law Of Your Jurisdiction, We Should Like To Hear From You. However, Ultimately It Is Your Choice As To Whether You Wish To Use Our Website. You And IPhixxAgree To Submit To The Personal And Exclusive Jurisdiction Of The Courts Located Within The Irish County.
These Terms of Service Shall Be Governed By And Construed In Accordance With The Laws Of USAnd You Hereby Submit To The Exclusive Jurisdiction Of The Courts Of Ireland. This Will Not Prevent Us From Pursuing A Claim For Breach Of Contract, Copyright Infringement Or Otherwise In Respect Of These Terms And Conditions In Any Other Jurisdiction Throughout The World.
The Failure Of IPhixxTo Exercise Or Enforce Any Right And/Or Remedy Under This Agreement Shall Not Constitute A Waiver Of Such Right And/Or Remedy.
Statute Of Limitations
You Acknowledge And Agree That Regardless Of Any Statute Or Law To The Contrary, Any Claim Or Cause Of Action Arising Out Of Or Related To Use Of The Site, The Services Or This Agreement Must Be Filed Within One (1) Year After Such Claim Or Cause Of Action Arose Or Be Forever Barred.
Relationship Of The Parties
You And IPhixx Acknowledge And Agree That They Are Independently Contracting Parties Dealing At Arm’s Length With Each Other In Connection With The Licensing Of Intellectual Property Rights And The Provision Of Services. No Partnership, Joint Venture, Joint Authorship, Employment, Fiduciary, Agency Or Other Relationship Is Created Between Them.
Binding On Successors
This Agreement Shall Be Binding On And Inure To The Benefit Of The Heirs, Executors, Administrators, Licensees, Successors And/Or Assigns Of The Parties, As Applicable. For Avoidance Of Doubt, You Acknowledge And Agree That IPhixxIs Fully Authorized To Assign, Sublicense And/Or Otherwise Convey And Transfer This Agreement And/Or Any Of Its Rights Under This Agreement At Any Time, In Its Sole And Absolute Discretion, And Without Compensation Of Any Kind To You.
Copyright © 2019 IPhixxIreland. All Rights Reserved.
Any Rights Not Expressly Granted Herein Are Reserved.
Notices And Questions
If You Have Any Questions Regarding This Agreement, Please Contact Us By Email At Info@IPhixx.com. Except As Otherwise Specified Elsewhere In This Agreement, Notices To IPhixxMay Be Given At The Foregoing Email, And Notices To You May Be Given At The Address Provided To Us At The Time Of Registration And/Or The Book Of Goods And Services From IPhixx.