These Terms cover your use of this website, mobile device application ("App") and internet services. It is important that you read and understand these Terms and your use of the Service as set out below. If you do not agree to these Terms and Conditions, you may not use the Service.
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General
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Entering into the Agreement
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You have agreed to let us provide you with the Product or Services, on certain Terms and Conditions. These Terms and Conditions were discussed and agreed to by you during a telephone call or you agreed to them when you signed up online. This document records the additional terms and conditions of the supply of the Services to you.
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The Terms and Conditions agreed upon above, and the Terms and Conditions in this document, constitute the entire agreement regarding the provision of the Product or Services to you ("Agreement"). Access to, browsing and use of the website, internet services and App are subject to these Terms. By concluding the Agreement, creating an account, or using the Service or App, will signify that you have read, understood and agree to be bound by these Terms and comply with all applicable laws and regulations. These Terms contain warranty disclaimers and other provisions that limit the liability of FixMyTechnology, so please read these terms in their entirety. We reserve the right to immediately terminate your access to the website, Service or App if you do not comply with this Agreement.
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It is your responsibility to ensure you read and understand all terms and conditions recorded in the Agreement.
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We have defined some of the words which have particular meanings in clause 2 (Definitions) of this Agreement.
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If there are any words or terms and conditions which you have difficulty understanding, please contact our customer service department at support@FixMyTechnology.com and we will reply and assist you.
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We may, in our own sole discretion, change this Agreement or any part thereof at any time without notice. Should we do so, we will notify.
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Definitions
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"the Agreement" means the terms and conditions agreed to by you and us during the course of a telephone conversation between you and us (or our direct marketing agents) or by signing up online and the terms and conditions recorded in this document;
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"Business Days" means all days, excluding Saturdays, Sundays and public holidays. When calculating business days, one must exclude the first day on which the event occurs and include the last day;
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"the Services" means the value-added service referred to as "FixMyTechnology", which offers you online technical support . Contact details are www.FixMyTechnology.com; email support@FixMyTechnology.com; contact number 0861 111 997
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"we", "us" and "our" mean FixMyTechnology, the proprietor of which is IGNITION TELECOMS INVESTMENTS (PTY) LTD, its affiliates, subsidiaries or its successors-in-title;
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"you" and/or "your" means you the customer who applies for and receives the Services.
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"Website" means www.fixmytechnology.com.
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"Service Provider" means any third party who is a supplier of any benefit or discount to you under or in terms of the Services;
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Duration and Termination
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We will provide you with the Services from the conclusion of the Agreement, until such time as the Agreement is terminated by you (or us).
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Either you or we may, for any reason, terminate the Agreement, by giving each other 20 business days' written notice. Please send your written notice to support@FixMyTechnology-.com or use the termination facility on the FixMyTechnology website.
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If you have chosen to terminate the Service, we will retain the portion of fees, due up to the renewal date, but subject to restrictions that may be applied by law.
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Payment for the Services
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You shall pay all amounts due under this Agreement by way of a monthly debit order, monthly credit card payment, once-off Voucher redemption .
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You have agreed to pay a monthly subscription for the Services, which amount is inclusive of any applicable taxes and may change from time to time as per clause 5 below.
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Debit Order
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You have authorised us to collect all amounts due under this agreement for the Services by way of a monthly debit order on a date nominated by you. In the event that a monthly debit order fails, for any reason, we will debit your account on any other date for that month's subscription. For this purpose, we are entitled to use lawful means to monitor your banking account in order to assess the most appropriate time to execute the monthly debit order.
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You cannot cancel your monthly debit order without our prior written consent.
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If the date of your debit order falls on a Sunday or public holiday, you agree that your debit order will go off on the last Business Day before the Sunday or public holiday.
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Credit Card
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You have authorised us to collect all amounts due under this agreement for the Services from your bank card on a monthly basis in advance.
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Payment may be made via Visa, MasterCard, Diners or American Express credit card.
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You can cancel at any time, and your access to the Services will cancel at your next collection date (renewal date).
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Should we be unable to take the monthly collection we will continue trying, and if we don't collect the monthly collection by your next renewal date, we will terminate this Agreement
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Credit card acquiring and security: 1. Credit card transactions will be acquired for FixMyTechnology via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
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Customer details separate from card details: 1. Customer details will be stored by FixMyTechnology separately from card details which are entered by the client on PayGate's secure site. For more detail on PayGate refer to www.paygate.co.za.
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Merchant Outlet country and transaction currency: 1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
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Voucher Payment
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This clause shall apply to all voucher holders.
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A voucher will offer you full access to the FixMyTechnology service for the period specified on your voucher only. If no period is specified on the voucher you can call us on 0861 111 997 or email us at support@FixMyTechnology.com and we will supply you with the access period applied to your voucher code.
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The Vouchers may only be redeemed at www.FixMyTechnology.com.
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A Voucher is valid for only 36 months from the date that the Voucher is created and a Voucher cannot be redeemed once the 36 month period has elapsed.
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Expired Vouchers will not be refunded or replaced.
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Only 1 Voucher may be used at any one time.
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Vouchers cannot be exchanged for money and are non-refundable.
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Changes in price
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We may change the price which you pay for the Services from time to time. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement as per clause 3 (Termination) above.
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Failure to pay for the Services
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If you do not pay for the Product or Services in full and on time, via your bank card, you will be in breach of the Agreement, and we may cease providing you with the Services and can implement the provisions of clause 10 (Breach).
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Complaints
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Your satisfaction is very important to us, please feel free to email us at support@FixMyTechnology.co.za should you not be happy with the Services or the service you have received from our team and we will endeavour to resolve the problem as quickly as possible.
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Information and disclosure
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In entering into the Agreement with you and providing the Product or services to you, we will come into possession of information about you. Insofar as it is permissible in law, and save for your banking details, we will treat your information with the same duty of confidentiality as we treat our own and will be entitled to disclose it to such third parties as we deem appropriate provided they treat it with the same level of confidentiality.
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FixMyTechnology shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
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You warrant and guarantee that all information supplied to us is true and correct.
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Should your address, or any other information which you have given to us, change, you must inform us of the change immediately in writing to support@FixMyTechnology.com or update your details at www.FixMyTechnology.com.
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Indemnity and waiver
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The Product or Services which we provide will in some cases constitute the introduction by us to you of Service Providers, who will provide services to you in their own capacity as your contractor (even though in terms of the Services, we might fund a particular element of the cost of the Service Provider). In these cases, the Service Provider will be your contractor (even though we might fund an element of the cost) and in terms of the Product or Services, we will not be responsible for any disputes, damages, losses or claims arising from or related to such introductions.
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You indemnify us, and our members, directors, employees or affiliates, our agents against any claim, loss or damage which you or anyone else may suffer arising directly or indirectly from the Agreement, the accessing of the website and the provision of the Product or Services.
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To the extent permitted by law, we exclude and you waive all cost, claims and resulting liability against us, our employees and agents, for any direct, indirect or consequential loss, costs, expenses or damage incurred by you or anyone else, whether in common law, in terms of statute or otherwise arising directly or indirectly from the Agreement, the accessing of the website and the provision of the Product or Services, save for instances of gross negligence on our part.
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Breach
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In the event that you breach the Agreement we have the right to: 1. Enforce the Agreement; or 2. Terminate the Agreement.
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Responsibility
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FixMyTechnology takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
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Country of domicile
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This website is governed by the laws of South Africa and FixMyTechnology chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature; Zenith Drive, Umhlanga, South Africa.
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General
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Notwithstanding anything to the contrary, a written notice sent to you will be adequate written notice.
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You acknowledge that in entering into this Agreement, you have not relied on any promises, representations or other statements made by us or on our behalf.
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If you are under the age of 18 years you warrant that you have the assistance of a parent or guardian in entering into the Agreement.
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If any term or condition is found to be invalid or unenforceable, that term will be removed and the invalid or unenforceable term will not affect the validity of the remainder of this Agreement, which will remain effective.
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All sales-related taxes will be paid by the user, as per the taxation norms that may change from time to time based on the location of the user. All pricing and tax on the app stores will be governed by the relevant app stores Terms and Conditions.
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If the Agreement arose through direct marketing you may terminate the Agreement, in writing, within five business days' after the date on which the Agreement was concluded.
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The Services
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Certain portions of the Service are available only to individuals who have registered and obtained a password for the Service. By registering, you certify that you are at least 18 years of age. While registering with us you should provide true and accurate data which includes that of your geographical location, personal details, billing information. You are responsible for maintaining and updating your data. FixMyTechnology reserves the right to terminate the account for untrue or inaccurate data, at any time if found or proved. The responsibility for maintaining the confidentiality of the password and the account information rests entirely with you. You agree to immediately notify FixMyTechnology of any unauthorized use of your password or account or any other breach of security.
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Without prior written or authorized permission from us any unauthorised use may violate applicable laws including copyright and trademark laws. FixMyTechnology and our Licensors strictly prohibit these, and we will terminate your access and account if any such illegal activity is proved or detected. You should also stand liable for the damages caused by these unauthorised activities. Except as explicitly required under copyright law or permitted by the features of the Service; you may not modify, reverse engineer, publish, transmit, display, participate in the transfer or sale, create derivative works of, or in any way commercially exploit or provide to a third party, the content of the App, the Publications, or any portion of them, without the express permission of Licensor and the owner of such content. We do not grant you any licenses, express or implied, to our or our Licensor's intellectual property.
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You agree not to misrepresent geographical locations, use proxies, use IP spoofing or by any other means, to hide the origin of any message you send or purchase through the service. You agree not to pretend to be any other individual or identity.
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If you access the Service from a location outside of the United States, you are responsible for compliance with all local laws that apply to you. You agree that you will not use the Service or any Publications accessed through the Service in any country, or in any manner, prohibited by the United States Export Administration Act or any other applicable laws, restrictions or regulations.
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We reserve, on behalf of our Licensor, all rights to monitor the content published and inputted by you, for the purpose of determining whether you are compliant with these Terms and other operating rules determined by us our Licensor. We or our Licensor have the right to make decisions about the content and delete them at our own will.
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FixMyTechnology will not be liable for any loss or damage caused by your reliance on information obtained through the Service. The Service may contain links to other Internet sites and third-party resources and FixMyTechnology does not assume any responsibility or liability for communications or materials available at such linked sites. These links are provided for your convenience only. You are solely responsible for understanding any terms and conditions that may apply when you visit or place an order through a third-party site.
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FixMyTechnology reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that FixMyTechnology and our Licensors shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The upgrading and maintenance of the Website may result in interruptions or unavailability of the Services from time to time. Where possible, we will advise you of this in advance.
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The Service is provided on an "as is" and "as available" basis. The Services can be affected by factors outside of our control; including, amongst other things, inclement weather, power outages, your and our internet connectivity, faults experienced by our respective internet service providers and the like.
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FixMyTechnology, its affiliates, suppliers, licensors and agents, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither FixMyTechnology nor its affiliates, suppliers, licensors or agents, make any warranty that 1. The Service will meet your requirements, 2. The Service will be uninterrupted, timely, secure, or error-free, 3. The information that may be obtained from the use of the Service, will be accurate or reliable, or 4. The quality of the Service will meet your expectations.
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You are solely responsible for obtaining and maintaining reliable internet connectivity and your device. FixMyTechnology is not responsible for your inability to download content. Any material downloaded or otherwise obtained through the use of the Service, is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FixMyTechnology, or through or from the service shall create any warranty.
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To the maximum extent permitted by applicable law, neither FixMyTechnology nor its affiliates, supplier's licensors, or agents shall be liable under any theory of law, for any indirect, incidental, punitive, or consequential damages. To the maximum extent permitted by applicable law, the aggregate liability of FixMyTechnology for claims arising from your use of the Service or otherwise, shall be limited to the fees paid by you to FixMyTechnology for the portion of the service, or publication giving rise to the claim. You agree to defend FixMyTechnology, its employees and its affiliates from all claims, demands, actions, damages, costs and liabilities arising out of your use or misuse of the Service.
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FixMyTechnology Refund Policy
You have the legal right to cancel your subscription and request a full refund for any money paid, without reason, during the 14 days following the start of your subscription, as long as you haven't read a publication on the FixMyTechnology platform during this period. To cancel your subscription, please contact FixMyTechnology here support@FixMyTechnology.com. A customer's refund request related to the below possible scenarios will be considered and reviewed, at our sole discretion:
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Technical issues meaning a customer can't access a publication which can be directly attributed to a technical issue with the platform.
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Customer questioning their order (including the price charged) placed during the recorded conversation with a FixMyTechnology sales agent.
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If a refund is agreed, we will provide a full refund to the original credit card used for purchase within 20 days of the refund request.
IMPORTANT: The clauses printed in bold relate to issues which may pose some risk for you, or which may limit our liability, or which you may not ordinarily expect. Please pay special attention to these clauses. By entering into the Agreement you, in addition to accepting all the terms of the Agreement, also specifically signify that you understand the bold clauses and accept them.
LAST UPDATED: March 2021