Last modified on February, 2020
CONTRACTUAL RELATIONSHIP BETWEEN USER AND COMPANY
These Terms and conditions of Use (“Terms”) govern the access or use by you, an individual, of content, products, applications, websites, and services (the “Services”) made available by Simpelfix BV or its subsidiaries and affiliates (collectively, “Simpelfix BV”). In these Terms, the words “including” and “include” shall be read and inferred to mean “including, but not limited to.”
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SERVICES.
These terms establish a contractual relationship between you and Simpelfix BV, and your use and access of the Services constitutes your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements or arrangements with you. Simpelfix BV may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason, notwithstanding the provisions of these Terms.
Supplemental and/or amended terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental/amended terms will be disclosed to you in connection with the applicable Services for a particular event, activity or promotion, as applicable. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. In the event of any conflict between Supplemental terms and these Terms, then the Supplemental terms shall prevail.
Simpelfix BV may amend the Terms related to the Services from time to time in Simpelfix BV’s sole discretion. Amendments to the Terms will be effective upon Simpelfix BV’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. It is your responsibility to determine if the Terms have been amended prior to each use of the Services, and your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
The Services constitute a technology platform that connects i) users of Simpelfix BV’s mobile applications or websites provided as part of the Services (each, an “Application”) who are seeking repair services for cellular phones, tablets, PC or laptop computers, installation of TV or smart home devices, or related digital device support services to ii) a network of third party repair technicians, including independent third party repair technicians and third party logistics providers under agreement with Simpelfix BV (“Third Party Professionals”). The Services are made available solely for your personal/noncommercial use unless otherwise agreed in writing in a separate agreement with you.
You acknowledge and agree that Simpelfix BV does not provide cellular phone and/or tablet repair and/or pc or laptop repair or support services or logistics or TV or smart home device installation and/or support or function as a cellular phone and/or tablet and/or pc or laptop repair services company or TV or smart home installation and/or support company. Simpelfix BV’s services are to be used by you, if at all, for the purpose of requesting and scheduling repair or installation or support services or logistics services with third party professionals for electronic devices, but you agree that Simpelfix BV has no responsibility or liability to you related to any repair or installation or support services or logistics provided to you by the third party professionals through the use of the services other than as expressly set forth in these terms.
Simpelfix BV does not guarantee the suitability, safety or ability of third party professionals. It is solely your responsibility to determine if a third party professional will meet your needs and expectations. Under no circumstances will Simpelfix BV participate in disputes between you and a third party professional. By using the services, you acknowledge that you may be exposed to situations involving third party professionals that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that your use of third party professionals arranged or scheduled using the services is at your own risk and judgment. Simpelfix BV shall not have any liability whatsoever arising from or in any way related to your transactions or relationship with third party professionals.
So long as you are in (and remain in) compliance with these Terms, Simpelfix BV grants you a limited, non-exclusive, non-sublicensable, revocable at Simpelfix BV’s sole discretion, and non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Simpelfix BV and Simpelfix BV’s licensors, if any.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) exploit the Services, including but not limited to reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, or broadcast the Services except, as expressly permitted by Simpelfix BV; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services without the express written consent of Simpelfix BV; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the Services or its related systems or networks.
THIRD-PARTY SERVICES AND CONTENT
The Services and all rights therein are and shall remain Simpelfix BV’s property or the property of Simpelfix BV’s licensors (if any).
Under no circumstances, unless otherwise agreed in writing by Simpelfix BV, will these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Simpelfix BV’s company names, logos, product and service names, trademarks or services marks or those of Simpelfix BV’s licensor. Simpelfix BV will aggressively defend any and all of its rights to ownership.
USE OF THE SERVICES
You must register for and maintain an active personal user Services account (“Account”) in order to use most aspects of the Services. You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Simpelfix BV certain personal information, such as your name, mobile phone number and age, as well as at least one valid form of payment. In order to continue using the Services, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or Simpelfix BV’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and, as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Simpelfix BV in writing, you may only possess one Account. Simpelfix BV may terminate these Terms and its relationship with you for any violation of these Terms.
If you invite a guest to participate in the Services, you acknowledge and agree that (a) you will indemnify, defend, and hold Simpelfix BV harmless from any claims, allegations, damages, or other demands against Simpelfix BV for any and all damages alleged or sustained by such guest, and (b) you acknowledge that you have obtained from such guest a copy of these Terms signed and agreed to by such guest. You agree that you will transmit to Simpelfix BV a true and correct copy of the Terms signed by the guest upon written demand.
CONDUCT AND SPECIFIC REQUIREMENTS
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive cellular phone and/or tablet and/or PC or laptop computer repair services or TV or smart home installation or support services from Third Party Professionals unless they are accompanied by you. You agreed to indemnify, defend and hold Simpelfix BV and the Third Party Professionals harmless from any consequences resulting from your decision to permit a person under the age of 18 to participate in the Services. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Professional or any other party, in your use of the Services.
CONSENT TO RECEIVE SMS MESSAGES
You agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. If at any time you determine you no longer want to receive text (SMS) message you may opt-out of receiving such messages by emailing info@https://www.https://www.simpelfix.com with your request. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Simpelfix BV may, in Simpelfix BV’s sole discretion, create and offer promotional codes related to a Third Party Professional’s services, subject to terms that Simpelfix BV establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Simpelfix BV; (iii) may be disabled by Simpelfix BV at any time for any reason without liability to Simpelfix BV; (iv) may only be used pursuant to the specific terms that Simpelfix BV establishes for such Promo Code; (v) have no cash value; and (vi) may expire prior to your use. Simpelfix BV reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Simpelfix BV determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. Simpelfix BV may do so in Simpelfix BV’s sole discretion.
NETWORK ACCESS AND DEVICES
Simpelfix BV does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You understand and acknowledge that the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You are responsible for any and all software and hardware requirements necessary or preferable for using the Services, including but not limited to acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto, as well as obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device.
USER PROVIDED CONTENT
Simpelfix BV may, in Simpelfix BV’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Simpelfix BV through the Services textual, audio, and/or visual content and information, which includes any and all information you submit, upload, publish or otherwise make available to Simpelfix BV through the Services (“User Submitted Content”). While any User Submitted Content provided by you remains your property, by providing User Submitted Content to Simpelfix BV you grant Simpelfix BV a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Submitted Content in all formats and distribution channels now known or hereafter devised (including but not limited to in connection with the Services and Simpelfix BV’s business and on third- party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. By providing User Submitted content you hereby agree with all the terms and provisions of these Terms relating to User Submitted Content.
By providing User Submitted Content, you are representing and guaranteeing that: (i) you are the sole and exclusive owner of all User Submitted Content or you have all rights, licenses, consents and releases necessary to grant Simpelfix BV the license to the User Submitted Content as set forth in the Terms; and (ii) neither the User Submitted Content nor your submission, uploading, publishing or otherwise making available of such User Submitted Content nor Simpelfix BV’s use of the User Submitted Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to indemnify, defend, and hold Simpelfix BV harmless from any and all claims alleged against Simpelfix BV relating to the User Submitted Content.
You represent, guarantee and agree not to provide any User Submitted Content that is determined by Simpelfix BV, in its sole discretion, to be defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, whether or not any law may protect such material. Simpelfix BV may, but shall not be obligated to, review, monitor, or remove User Submitted Content, at Simpelfix BV’s sole discretion, and at any time and for any reason, without notice to you.
PAYMENT FOR SERVICES
You understand and agree that use of the Services may result in payments by you for the services you receive from a Third Party Professional (“Charges”). After you have received services obtained through your use of the Service, Simpelfix BV will facilitate payment of the applicable Charges on behalf of the Third Party Professional, solely as such Third Party Professional’s limited payment collection agent, using the preferred payment method you have designated when initiating or modifying your Account, and will send you a receipt by email at the end of each session. By utilizing the Services, it is understood and agreed that payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Professional. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Simpelfix BV in its sole discretion. While you do retain the right to request lower Charges from a Third Party Professional for services received by you from such Third Party Professional at the time you receive such services from the Third Party Professional, Simpelfix BV will respond accordingly to any request from a Third Party Professional to modify the Charges for a particular service.
You understand and agree that (i) all Charges are due immediately and (ii) payment will be facilitated by Simpelfix BV using the preferred payment method you have designated when initiating or modifying your Account. If your primary Account payment method is determined to not able to be charged for any reason whatsoever, you agree that Simpelfix BV may, as the Third Party Professional’s limited payment collection agent, use a secondary payment method in your Account, if available.
Simpelfix BV reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in Simpelfix BV’s sole discretion. Simpelfix BV will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Simpelfix BV may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from a Third Party Professional at any time prior to such Third Party Professional’s arrival.
The Third Party Professional provides you with a 90 day guarantee on the cellular phone and/or tablet repair services as follows: (a) Screen/LCD and/or any other repaired or replaced parts that malfunction, or do not work as intended or designed to work, and (b) the guarantee provided is limited to the parts and/or service(s) that you paid for. Except as otherwise provided in these Terms, the guarantee extends to cover the labor cost of part replacement and any other repairs specifically resulting from the initial repair.
The guarantee set forth above does not protect against: (a) your actions that cause damage to the device that was repaired by the Third Party Professional, (b) software issues unrelated to the repair, (c) devices that have been jailbroken, (c) any loss of data occurring as a result of the repair (YOU ARE ADVISED TO BACK UP ALL DATA PRIOR TO ANY REPAIR ATTEMPT), (d) any issue you knew about and advised the Third Party Professional or Simpelfix BV related to the device separate from the repair, and noted prior to the repair being made, (e) water damage. The guarantee set forth in these Terms is valid only for the specific device repaired and the original customer. Under no circumstances is the guarantee transferable to different devices or to an individual that is not you.
While you will notify Simpelfix BV of any guarantee claim, and Simpelfix BV will thereafter notify the Third Party Professional of the need to investigate the guarantee claim, liability for performing the guarantee repair services will rest solely with the Third Party Professional that performed the repair service. By using the Services, you are authorizing the Third Party Professional to perform repair work on your cellular phone or tablet device. You understand that neither Simpelfix BV nor the Third Party Professionals are an Authorized Service Provider (ASP) of any cellular phone or tablet manufacturer, including but not limited to Apple Inc., and that neither Simpelfix BV nor the Third Party Professional are in any way affiliated with the cellular phone or tablet manufacturer, including but not limited to Apple Inc. Further, by using the Services you agree to release, indemnify, and hold Simpelfix BV harmless from liability for any claims or damages of any kind or description that may arise from any cellular phone or tablet device repair work performed on your device unless it is caused by the gross negligence of the Third Party Professional.
By utilizing the Services you understand that Simpelfix BV has no liability for any data loss, which may occur as a result of work done on your device. You also understand that you have the option to, and are responsible for backing up your device before allowing the Third Party Professional to perform repair work on your device.
By utilizing the Services you understand that any repairs or technical assistance rendered by the Third Party Professional may void manufacturer guarantees for the device repaired, and that Simpelfix BV will not assume any liability or guarantee in the event that the manufacturer guarantees are voided. Simpelfix BV and the Third Party Professionals have no liability whatsoever for indirect or consequential damages resulting from a repair or repair attempt, including any lost or damaged data, software, or lost profits or revenue of the customer.
Simpelfix BV will guarantee to you that from the date the repair Services are provided to you and for a period of 90 days following such date, so long as you remain the owner (“Guarantee Period”), each part and accessory provided to you as a component of the repair performed by the Third Party Professional under these Terms will be materially free of manufacturing defects. Simpelfix BV’s sole obligation, and your sole remedy, under this guarantee is limited to, at Simpelfix BV’s sole discretion, repair or replacement of the defective part or accessory provided as a component of the repair. This guarantee under these Terms is non-transferable.
PLEASE NOTE that Simpelfix BV’s obligations under the guarantee contained in these Terms are conditioned on your prompt notification to both the Third Party Professional AND Simpelfix BV of any guarantee claim and complying with Simpelfix BV’s then-current guarantee procedures provided to you.
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS:
- The services are provided “as is” and “as available.” Simpelfix BV disclaims all representations and guarantees, statutory, express or implied, unless they are expressly set out in these terms, including the implied guarantees of merchantability, fitness for a particular purpose and non-infringement. In addition, Simpelfix BV makes no representation, guarantee, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or any goods or services obtained through the use of the services, or that the services will be uninterrupted or error-free.
- By using the services you agree that the entire risk arising out of your use of the services, and any third party good or services obtained in connection therewith, is beared solely by you, to the maximum extent permitted by law.
- Nothing contained in this disclaimer will alter your rights as a consumer to the extent not permitted under applicable law in the jurisdiction where the services are actually performed for you.
LIMITATION OF LIABILITY
EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THESE TERMS: A. Under no circumstances, even if Simpelfix BV has been advised of the possibility of the following damages, and unless expressly forbidden by applicable law related to the services, will Simpelfix BV be liable to you for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost data, personal injury, or property damage. Simpelfix BV shall not be liable for any damages, liability or losses incurred by you arising out of: (i) your use of or reliance on the services or your inability to access or use the services; or (ii) any transaction or relationship between you and any third party professional, even if Simpelfix BV has been advised of the possibility of such damages. Simpelfix BV shall not be liable for delay or failure in performance resulting from causes beyond Simpelfix BV’s reasonable control. Notwithstanding anything in these terms to the contrary, in no event shall Simpelfix BV total liability to you in connection with the services for all damages, losses and causes of action exceed five hundred euros (€500).
- By using the services you agree that the entire risk arising out of your use of the services, and any third party good or services obtained in connection therewith, is beared solely by you, to the maximum extent permitted by law.
- These limitations do not purport to limit liability that cannot be excluded under the law in the jurisdiction where the services to you are actually rendered.
You agree to indemnify and hold Simpelfix BV and its members, shareholders, owners, officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Simpelfix BV’s use of your User Submitted Content; or (iv) your violation of the rights of any third party, including Third Party Professionals.
You agree that any dispute, claim or controversy arising out of or relating to these Terms, including but not limited to a dispute, claim or controversy relating to the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Simpelfix BV. Notwithstanding the preceding, each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights, including but not necessarily limited to a party’s copyrights, trademarks, trade secrets, or patents. By using the Services you acknowledge and agree that you and Simpelfix BV are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or other representative proceeding. Further, unless agreed to in writing by all parties to be bound, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held to be unenforceable, then the entirety of this Section 9 will be deemed void and unenforceable. Except as provided in the preceding sentence, this Section 9 will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW
The arbitration specified under these Terms will be administered by the Stichting Nederlandse Arbitrage Instituut (“NAI”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes promulgated by the NAI (the “NAI Rules”) then in effect, except as modified by this Section 9. (The NAI Rules are available at the NAI’s website https://www.nai-nl.org).
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the NAI Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the country where the Services are rendered, and will be selected by the parties from the NAI’s roster of consumer dispute arbitrators. The NAI will appoint the arbitrator in accordance with the NAI Rules in the event the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration.
The arbitrator will render an award within the time frame specified in the NAI Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s damages award shall be consistent with the terms of the “Limitation of Liability” section above. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief guaranteed by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
The responsibility for payment of any NAI filing, administrative and arbitrator fees will be solely as set forth in the NAI Rules.
CHANGES TO DISPUTE RESOLUTION SECTION
Notwithstanding any other provisions of these Terms regarding the modification of these Terms, if Simpelfix BV changes this Dispute Resolution terms of this Section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Simpelfix BV written notice of such rejection by mail or hand delivery to: Simpelfix BV, Singel 542, 1017AZ AMSTERDAM (NH), THE NETHERLANDS or by email: info@https://www.https://www.simpelfix.com, within 30 days of the date such change became effective. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Simpelfix BV in accordance with the provisions of this Section 9 as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
CHOICE OF LAW
These Terms are governed by and construed in accordance with the laws of the Netherlands, without giving effect to any conflict of law principles.
CLAIMS OF COPYRIGHT INFRINGEMENT
Claims of copyright infringement should be sent to: Simpelfix BV, Attn: Legal Department, Singel 542, 1017 AZ AMSTERDAM (NH), THE NETHERLANDS or by email to info@https://www.https://www.simpelfix.com.
The Company may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Simpelfix BV, with such notice deemed given when received by Simpelfix BV, at any time by first class mail or pre-paid post to: Simpelfix BV, Singel 542, 1017 AZ AMSTERDAM (NH), THE NETHERLANDS.
You may not assign these Terms without Simpelfix BV’s prior express written approval. Simpelfix BV may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Simpelfix BV’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be deemed null and void. No joint venture, partnership, employment, or agency relationship exists between you, Simpelfix BV or any Third Party Professional as a result of the agreements contained in these Terms or your use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permissible under law. Simpelfix BV’s failure to enforce any right or provision in these Terms shall not constitute or be construed as a waiver of such right or provision unless acknowledged and agreed to by Simpelfix BV in writing.