Welcome to We Fix Appliance.com We Fix Appliance is designed to provide consumers with a variety of appliance technician.
This Site is not directed to children under age 18. You must be 18 years old (or the legal age of majority in your state) and able to form legally binding contracts to be eligible to use the Site and the Services. You agree to use this Site and Services only for lawful purposes, and that you are responsible for your use of the Site and Services and communications with us, all of which must comply with these Terms and Conditions. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site.
We may, modify these Terms and Conditions. By continuing to access and use the Site or Services after these Terms and Conditions has been modified, you are agreeing to such modifications. Therefore, you should review these Terms and Conditions prior to each use. In addition, when using the Services or particular features of the Site, you shall be subject to any posted guidelines or policies applicable to such Services or features that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTES/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER
2. Benefits of Using wefixappliance.com
There are many benefits to using wefixappliance.com including the following:
Sole Independent Service Professionals. Background checks have been performed on all the Independent Service Professionals that use its referral platform. The pre-screening procedures are set forth below in greater detail.
Book Online & Save Time. Using We Fix Appliance eliminates the time it takes to search and find reliable Independent Service Professionals. We Fix Appliance provides you with visibility into qualified Independent Service Professionals' availability, which enables you to move directly to booking your needed.
All Independent Service Professionals referred by We Fix Appliance are pre-qualified pursuant to multiple guidelines. Additionally, you will be covered by the "Warranty Plan" the terms and conditions of which can be found here, which protects you if you are unhappy with the Independent Service Professional referred to you.
Booking Jobs: You may book Jobs throughWE FIX APPLIANCE (each a "Service Order") online from the Site, via the Mobile Application, or by calling customer service at (888) 457-5559. Each Service Order will include the type and scope of work/services needed, the requested date and time of the Service(s), the location at which the Service(s) will be performed, and the estimated cost of the Service(s), if available, or the minimum fee, if applicable.
Estimate/Contracting Process: After the Independent Service Professional has arrived at your home/premises, the Independent Service Professional will be solely responsible to assess the problem. Based on the Independent Service Professional's assessment of the problem, the Independent Service Professional will prepare an estimate for your approval, which will be valid for no more than SEVEN (7) days after it's provided to you. When you approve the estimate, you will also be authorizing the Independent Service Professional to complete the work. If necessary, you may be presented with other contractual terms between you and the Independent Service Professional that you will be asked to approve. If you do not approve, the Independent Service Professional will not perform the work. You understand and acknowledge that the contract for the Job is between you and the Independent Service Professional.
Your Responsibilities: If you book a Job, you agree that: (a) you have the right to grant the Independent Service Professional access to the premises to perform the Services; (b) you will have a representative who is 18 years or older present at all times while the Services are being performed and to agree to these Terms and Conditions. You are responsible for securing all permits, licenses and/or renewals required by any government authority for the Independent Service Professional to complete your Job. You are also responsible for all fees, taxes, assessments and charges associated with any required permits, licenses and/or renewals. If your address at which the Job will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the completion of the Job, you agree to advise your Independent Service Professional. You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes. You agree to control and keep pets away from work areas.
YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF MATERIALS OR WITH INSTALLATION.
Cancellation of a Job: You may cancel a booked Job without incurring any fees or penalties any time prior to the time that the Independent Service Professional has commenced travel to the Premises to perform the Services. If you wish to cancel after the Independent Service Professional arrives at the premises but before the Independent Service Professional begins the Job, you may be liable for a minimum fee, if applicable, and you will be advised of such at the time you book your Job. Once you agree to the Estimate and the contract and the Independent Service Professional begins to perform Services, if you cancel the Job, you will be responsible to pay for the full amount agreed to on the Estimate.
Payment for Job: Upon the completion of any Job, you will make payment through WE FIX APPLIANCE. You may pay by credit card or by check. If payment is not made, the amount owed shall incur interest at the rate of 1.5% per month (or the highest rate permitted by law, if less) until all amounts owed, including the interest, have been paid in full. In addition, you agree to bear all of our costs of collection, including our attorneys' fees and other legal expenses.
Liens: If you do not make all payments as required under these Terms and Conditions, the Independent Service Professional may impose a lien on your property until such time as you have paid in full.
4. Independent Service Professional Pre Screening Procedures and Disclaimers
SERVIZ uses the following criteria as part of its registration enrollment process ("registration") for new Independent Service Professionals applying to join our network:
a. Criminal Records Search - WE FIX APPLIANCE uses a 3rd party (the "Background Check Company") to run the following searches on the Independent Service Professionals identified on the Site: (i) the Background Check Company runs a county and national criminal search, in the state in which the Independent Service Professional is living or has lived, for any relevant criminal activity associated with the Independent Service Professional, within the seven (7) years prior to such Independent Service Professional's registration with WE FIX APPLIANCE.
b. Sex Offender Search – The Background Check Company runs a check against the National Sex Offender Public Website based based on the name and date of birth of the Independent Service Professional.
c. Terrorist Watch list Search – We check the Terrorist Watch list to confirm that there is no match based solely on the name of the Independent Service Professional.
d. Identity Verification (Social Security Number) - WE FIX APPLIANCE verifies the social security number(s) of the Independent Service Professional's owner/principal for identity check purposes.
THE ABOVE SCREENING IS PERFORMED BASED UPON INFORMATION PROVIDED TO US BY THE INDEPENDENT SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)
The above procedures may change from time to time at the sole discretion of WE FIX APPLIANCE. WE FIX APPLIANCE does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that WE FIX APPLIANCE checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
From time to time, WE FIX APPLIANCE may provide you with promotional discounts –Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. You may use these promotional discounts as partial or full payment for a Job. Unless otherwise provided in the promotional terms, promotional discounts are non-transferrable, cannot be redeemed for cash, and have an expiration date of ninety (90) days from the date of issue.
5. Reviews and User Content
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Site, the Services or the Independent Service Professional. WE FIX APPLIANCE shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Site, the WE FIX APPLIANCE App, or on WE FIX APPLIANCE social media pages (collectively, "Feedback") and it may share with any of its affiliates. WE FIX APPLIANCE will not be required to treat any Feedback as confidential, and will not be liable for any Feedback posted on the Site or elsewhere. Without limitation, WE FIX APPLIANCE will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback. You acknowledge that you are responsible for whatever material you submit, and you, not WE FIX APPLIANCE, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright.
You specifically waive any "moral rights" in and to the User Content. The foregoing grant includes, without limitation, any copyrights and other intellectual property rights in and to your User Content. You represent and warrant that: you own the User Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 6; and the posting of your User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. We may refuse to accept or transmit your User Content. We may decide to not post and/or remove your User Content from the Site for any reason.
6. Copyright; Trademarks
You acknowledge that all materials on the Site, except for the User Content, including the Site's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of WE FIX APPLIANCE and/or its suppliers or licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms and Conditions are reserved to their respective copyright owners. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described on this Site and any Marks associated with any services available through the Site are the property of SERVIZ and/or its suppliers or licensors and, except as expressly authorized by these Terms and Conditions or on the Site, they may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of WE FIX APPLIANCE and/or its suppliers or licensors.
identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;
information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all of the above information to our Agent for Notice by mail at 16610 VENTURA BLVD UNIT 4 ENCINO CA. 91436 Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice.
By creating an Account or using the Services, you agree to receive communications, including promotional communications, from time to time from WE FIX APPLIANCE via email. You may stop receiving promotional alerts via email by unsubscribing at any time by clicking the unsubscribe link at the bottom of each email or by modifying your notification settings from within your Account as that feature becomes available. If you unsubscribe from promotional communications, you may still receive communications regarding your Job and your Account. You may also receive recurring text message communications to your mobile device relating to your booked service and/or your Account. If you decide you would no longer like to receive such communications via text message, You acknowledge and agree that we may send a response text message solely to confirm your opt out request. Your wireless carrier's standard rates will apply to any text messages you send or receive.
9. Disclaimer; Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF THE SITE
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, WE FIX APPLIANCE AND ITS AFFILIATED COMPANIES AND THE INDEPENDENT SERVICE PROFESSIONALS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SITE AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE FIX APPLIANCE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SITE WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WE FIX APPLIANCE OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
USE OF THE SERVICES
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN THE WE FIX APPLIANCE WARRANTY PROTECTION PLAN. WE FIX APPLIANCE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES, WITH RESPECT TO THE PRODUCTS AND SERVICES REFERENCED, AVAILABLE, OR PURCHASED ON OR THROUGH THE SITE, WE FIX APPLIANCE APP, OVER THE PHONE OR VIA A INDEPENDENT SERVICE PROFESSIONAL.
IMPORTANT: You understand and agree that WE FIX APPLIANCE itself does not complete the Jobs. The Independent Service Professionals made available through the Service are not employees of WE FIX APPLIANCE. It is up to the Independent Service Professional to complete the Jobs, which may be requested through the use of the Site and/or the Service. WE FIX APPLIANCE only acts as intermediary to facilitate the transaction between you and the Independent Service Professional. The provision of the Jobs by the Independent Service Professional is subject to the contract to be entered into between you and the Independent Service Professional (not WE FIX APPLIANCE). WE FIX APPLIANCE DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING, OR ANY OTHER ASPECT WHATSOEVER OF ANY JOBS AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE JOBS OR THE CONDUCT OR ACTIVITIES OF THE SERVICE PROFESSIONAL.
You agree to indemnify, defend and hold harmless the WE FIX APPLIANCE against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys' fees, resulting or arising from or relating to your breach of these Terms and Conditions, or your infringement or violation of any rights of another.
WE FIX APPLIANCE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Services or any part thereof, with or without notice. Except as otherwise expressly stated in these Terms and Conditions, you agree that WE FIX APPLIANCE shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site.
11. Entire Agreement
This Agreement constitutes the entire and only Agreement between WE FIX APPLIANCE and each user of this Site and/or the Services with respect to the subject matter of these Terms and Conditions and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms and Conditions.
13. Notice for California Users
If you have a question or complaint regarding the Site or Services provided to you through SERVIZ please contact us at email@example.com to receive further information regarding the Site or Services or to resolve the complaint. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by telephone at (800) 952-5210 or TDD (800) 326-2297, or in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.