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These Terms apply to you and your use of the Service (specifically relating to Subscription Plans offered by Fixxr). These Terms must be read together with the terms of use (and all supporting policies thereof) for Fixxr, which also apply to your use of the Service. The Terms become effective when you use the Service, and we may change them occasionally. The latest version of the Terms applies to you each time you use the Service.
If there is a conflict between these Terms and the Terms of Use, these Terms will apply to the Service. You must carefully read and fully understand these Terms as they impose legally binding obligations on you and contain exclusions and limitations of our liability that affect you. You assume all risks associated with your use of the Service.
Important clauses that may limit our responsibility or involve some risk for you will be highlighted in bold and italics. You must pay special attention to them.
Scope and Use of Services
The Subscription grants the Customer (the legal entity or individual that has taken out the Subscription) the right to use Fixxr’s system and services (“the Services“). Other people or organisations may not use the Subscription.
With a Fixxr subscription plan (a “Subscription“), you can purchase a basket of Services from us and spread the payments over a pre-defined period. To subscribe to Fixxr, you must provide a valid debit or credit card (your “Payment Method“). As outlined in further detail below, your Subscription will continue, and your Payment Method will be automatically charged the Monthly or Annual Subscription Fee (as defined below) until you cancel your Subscription.
Service Description
Our service includes regular vehicle maintenance and repairs as outlined in your subscription plan. The specific services included in your subscription plan will depend on your selected plan.
Our subscription service includes two plans for car repair and maintenance: the premium subscription plan and the standard subscription plan.
The standard subscription plan includes the replacement of the following at manufacturer-recommended intervals:
As well as a top-up of the following fluids when needed:
The premium subscription plan includes the replacement of the following at manufacturer-recommended intervals:
As well as a top-up of the following fluids when needed:
Please note that services included in both plans are based on the manufacturer-recommended intervals and are subject to change based on the make and model of the vehicle.
Additional services may be available at an additional cost. This means that if you need services that are not included in your subscription plan, you will be charged an additional fee for those services.
Acceptance of the Subscription
Subscription acceptance constitutes payment of the first subscription amount due for your subscription period. This payment will constitute agreement to ALL the terms outlined with these terms and conditions (“Agreement“).
Duration and termination of the Subscription
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate. Your plan is active, and benefits will be available after four successful consecutive monthly payments. You accept responsibility for all recurring charges until you cancel your Subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.
Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of Service. After one year and annually after that, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription any time before the next billing cycle, subject to the terms of our cancellation policy. Your plan is active, and benefits will be available 30 days after receiving the initial payment.
Both Subscription plans run for 24 calendar months from the date the Customer accepts the Subscription. For example, if the order was placed on December 1st, 2022, the Subscription runs to December 1st, 2024.
The monthly Subscription may be terminated by giving us at least 20 business days’ notice in writing, by contacting us at hi@fixxr.co.za. The Customer will not be entitled to a refund for the subscription periods passed. If the cost of the services you have utilised at the time of cancellation is more than the payments made on the subscription plan, you will be liable for the balance of those costs.
The annual pre-paid subscription plan may be terminated by e-mail to hi@fixxr.co.za one month before the annual subscription expiration (i.e., for a yearly subscription beginning in April, termination must be received before the end of February the following year). The Agreement cannot be terminated for a period of Subscription already initiated, and the Customer will not be entitled to a refund for that subscription period. If the cost of the services you have utilised at the time of cancellation is more than the payments made on the subscription plan, you will be liable for the balance of those costs.
The Customer may terminate any subscription free of charge within two weeks of placing the first order for the Subscription, provided that the Customer has not started using the Services.
Fixxr shall (without prejudice to any other rights or remedies it may have) be allowed to terminate the Subscription immediately without giving the Customer prior notice if the Services or Subscription is misused (including, but not limited to, use by other people or organisations).
Suppose Fixxr cancels this Agreement, and you disagree with the cancellation. In that case, you are required to continue to meet your obligations under this Agreement until the disagreement is resolved.
Transfer of the plan
Upfront purchased plans: Where the plan is fully paid, and you wish to sell your vehicle, you can transfer your plan to the new owner of the car. This plan may only be transferred once and only by the original plan holder subject to the new plan holder agreeing and meeting all terms outlined in this agreement — E-mail hi@fixxr.co.za for assistance with this process.
Monthly purchased plans: If you paid for your plan monthly, the plan is not transferrable.
Suppose you do not wish to transfer your plan but cancel. In that case, the standard cancellation clause applies. You may terminate the Subscription, per the cancellation clause, by giving us at least 20 business days’ notice in writing, by contacting us at hi@fixxr.co.za.
Price and payment terms
The subscription price will be provided electronically. Subscription acceptance constitutes payment of the first subscription amount due for your subscription period. Fixxr guarantees that no price increases will be introduced for the Services ordered at the time of commencement of the Subscription for the duration of the agreement.
Subscription payments are billed monthly or annually, depending on what you purchased. Your first invoice will be generated immediately after purchase, then every month/year thereafter for a period of 24 calendar months or two years—for example, if you bought an annual subscription on February 1st 2022, it would run until midnight UTC+0 January 31st 2024.
Payment for the Subscription is due within seven days of receiving an invoice. If payment is not received by that time, a reminder will be sent; if payment has not been made three days after the first reminder was issued, another notice will be sent out to remind you again.
Suppose the Subscription remains unpaid ten days after the date of the second reminder. In that case, access to the Services will be blocked.
Fixxr shall be entitled to charge the Customer interest on any outstanding fees at 2% per annum above the South African Prime Interest Rate in force from the initial date payment became due until the actual payment is made.
Access to the Services will be unblocked on receipt of payment.
You have a 20-day grace period from the due date of your subscription payment to pay the outstanding fees – failing to do so will breach the Agreement, your plan will be cancelled, you will not be entitled to a refund, and you will be liable for any costs due to Fixxr for services utilised under the terms of your agreement but not yet covered by your payments.
Fixxr will not be responsible for any loss, damage, costs, expenses or other claims of the Customer or any third party resulting from the suspension of the Services.
Fixxr retains the right to collect outstanding fees and any shortfall on the plan, including legal fees, resulting from taking legal action.
The Customer agrees to the use of e-mail (using an e-mail address specified by the Customer) or another electronic method of transmission as the medium for entering into a subscription agreement and sending invoices and reminders.
Payment Processing
We use a third-party payment processor (the “Payment Processor”) to bill you for any Services. You agree to pay us and authorise us, through the Payment Processor, to charge your Payment Method at the prices then in effect for your use of any of our Services, per the applicable payment terms. You agree to make payment using your selected Payment Method and to promptly notify us or update your Payment Method upon any changes to your billing information (including, for example, if your Payment Method expires or is cancelled for any reason). You further agree that if the Payment Processor cannot charge your preferred Payment Method, our Payment Processor or we may charge you for using any Services using any Payment Method stored on record for your Account. We do not accept pre-paid debit or gift cards for recurring payments. We reserve the right to suspend or cancel Services to you or terminate your access to the Services (including your Subscription) if we cannot charge your Payment Method successfully. We are not responsible for errors by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor or we may make, even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.
Subscription Auto-Renewal & Subscription Fees
By subscribing to Fixxr, you agree that our Payment Processor or we may automatically charge your Payment Method the monthly or annual fee applicable to your Subscription plan (plus applicable taxes, the “Subscription Fee”) on a pre-paid, recurring monthly or annual basis until you cancel your Subscription or your Subscription is otherwise terminated per these Terms. Your monthly or yearly billing cycle will begin based on the day of the month that you initially subscribe to a Subscription. This means that the date on which you first activate your Subscription will serve as your monthly or annual “anniversary” for purposes of your monthly or yearly billing cycle (your “Billing Date”) and that your Payment Method will be charged each month or annually on or around your Billing Date until you cancel your Subscription or it is otherwise terminated per these Terms. Accordingly, you acknowledge and agree that, at the end of each monthly or annual billing cycle, your Subscription will automatically renew, and your Payment Method will automatically be charged the Monthly Subscription Fee unless you cancel your Subscription before the start of your next monthly billing cycle (i.e., before your next Billing Date).
By subscribing to a Subscription, you accept all responsibility for all recurring charges before Subscription cancellation, and you acknowledge and agree that our Payment Processor or we may charge your Payment Method the applicable Subscription Fee without further notice to or authorisation from you until you cancel your Subscription or otherwise notify us that you have terminated this authorisation. For information about how to cancel your Subscription, see section 4.
Unless expressly stated otherwise in these Terms, Subscription Fees are non-refundable. We reserve the right to modify or waive Subscription Fees at our sole discretion.
If you fail to pay your Monthly or Annual Subscription Fee, we may, at our sole discretion, terminate your Subscription or suspend your access to the Services, including the shipment of Products to you. Further, suppose you do not pay the amounts you owe us when due. In that case, we may need to institute collection procedures to obtain the delinquent payment. To the extent permitted under applicable law, you agree to pay our collection costs against you, including, without limitation, reasonable attorneys’ fees.
Changes to Terms
We reserve the right to make changes to these Terms at any time. If we make changes, we will post the updated Terms on our website and update the “Effective Date” above. The updated terms will become effective immediately.
The changes to the terms may include changes to the services included in the subscription plan, changes to the pricing of the plan, changes in the duration of the plan, and any other changes that we may deem necessary.
It is the subscriber’s responsibility to check the terms and conditions regularly to stay informed of any updates or changes. Your continued use of our service after any changes indicates your acceptance of the new terms.
If you do not agree to the new terms, you may cancel your subscription by contacting us. If you do not cancel your subscription and continue to use our service, it will be deemed that you have accepted the new terms.
We will make our best effort to notify the subscribers of any changes to the terms via email or on the website, however, it is the subscriber’s responsibility to check for any updates or changes to the terms and conditions.
Liability
Our liability to you in connection with any product or service supplied under these terms and conditions is strictly limited to the purchase price of that product or service. In no event shall we be liable for any direct, indirect, special, incidental, or consequential damages arising out of or in connection with the use of our service.
This means that in case of any damages or losses incurred by you due to our service, our liability will be limited to the amount you have paid for the subscription plan. We will not be held liable for any indirect damages such as loss of profits, loss of business, or any other financial loss.
Additionally, our service does not cover any accidents or damage caused by driver misuse or neglect. In cases of accidents or damage caused by driver misuse or neglect, we will not be held liable for any repairs or replacements needed.
It’s important to note that our liability does not extend to any consequential loss or damage suffered by the subscriber or any third party, whether as a result of a breach of contract, tort, or otherwise.
In any event, our liability to you will not exceed the total amount paid by you for the service. By subscribing to our service, you accept these limitations of liability.
Privacy policy and Confidentiality
Fixxr has taken the necessary technical and organisational security measures to prevent information saved by the Service from being accidentally or illegally destroyed, lost or wasted and to prevent such information from falling into the hands of any unauthorised party, being misused or otherwise treated in a way contrary Fixxr’s privacy policy.
Fixxr is bound by secrecy in respect of any information received about the Customer and will not disclose such information to any third party except where it is required by any court or regulatory authority and then only to the extent necessary.
Marketing
Fixxr shall be entitled to refer to the Customer and the Services provided in its marketing, including a brief description of such services.
System changes and feature updates
Fixxr informs its users about Fixxr platform system changes, feature updates, and other technical news by e-mail. Therefore, all registered users on the Fixxr platform accept that they are added to the technical newsletter mailing list.
Entire Agreement
These Terms and the Subscription quote contain the Agreement between the Parties and supersede all previous correspondence or written or oral communications. Fixxr may amend these Terms as required from time to time, provided that Fixxr will give Customers at least 20 days’ written notice of such amendments. All such modifications will apply to the subsequent renewal of the Subscription.
Disputes
These Terms shall be governed by and construed per the laws of South Africa. The South African Courts shall have exclusive jurisdiction to determine any dispute concerning these Terms or the subject matter of these Terms as detailed in our terms of use.
