Terms & Conditions

1. Introduction

1.1We provide a platform where tradespeople providing trade services (electrical, plumbing, heating and gas, and other related trades) (Supplier) and customers seeking those services (Customer) can connect and transact (Platform).

1.2These Terms contain the terms and conditions on which we supply the Platform to you.

1.3These Terms are entered into between us and you, together the Parties and each a Party. In these Terms, you or your means (as applicable) the person or entity registered with us, as either a Customer or Supplier, or the individual accessing or using the Platform.

1.4If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

2. Acceptance and Platform Licence

2.1You accept these Terms by accepting these Terms on the Platform.

2.2You must be at least 18 years old to use the Platform.

2.3We may amend these Terms at any time, by providing written notice to you (including via the Platform). By clicking “I accept”, or similar, or continuing to use the Platform, you will be deemed to have accepted the amended Terms. If you do not agree to the amendment and it adversely affects your rights, you may cancel these Terms with effect from the date of the change in these Terms by providing written notice to us within 7 days of us notifying you of the change. If you cancel these Terms you will no longer be able to use the Platform on and from the date of cancellation.

2.4If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.

2.5Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.

2.6When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:

(a) anything that would constitute a breach of an individual’s privacy or any other legal rights (including uploading private information or Personal Data without an individual's consent);

(b) using the Platform to defame, harass, threaten, menace or offend any person;

(c) using the Platform for unlawful purposes;

(d) interfering with any user of the Platform;

(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);

(f) using the Platform to send unsolicited electronic messages;

(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; and

(h) facilitating or assisting a third party to do any of the above acts.

3. Accounts

3.1You must register on the Platform and create an account (Account) to access the Platform’s features.

3.2You may only have 1 Account as a Supplier, and 1 Account as a Customer on the Platform.

3.3You must provide basic information when registering for an Account including your name, mobile number, email address and property address and you must choose a password. If you are registering as a Supplier, you must also provide your company registration number (if applicable) and business email address.

3.4You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.

3.5Once you have registered an Account, your Account information will be used to create a profile.

3.6You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.

3.7You are responsible for keeping your Account details and your password confidential and you will be liable for all activity on your Account, including bookings made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.

3.8We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification. You agree to be bound by and to comply with these conditions or requirements.

3.9In order to register for an Account:

(a) as a Customer, you must reside in the United Kingdom. This means (i) if you are an individual, you must have a permanent home or place of habitual residence in the United Kingdom, or (ii) if you are a business, you must be registered in the United Kingdom with Companies House, have your principal place of business and trade located in the United Kingdom, and be a United Kingdom resident for tax purposes; and

(b) as a Supplier, (i) your business must be based in the United Kingdom (registered with Companies House or having its principal place of business and trade located in the UK, and being a UK resident for tax purposes), and (ii) you must be licensed and/or certified (as applicable) and able to sell the services you describe yourself as providing, to Customers.

4. Platform summary

4.1The Platform is a marketplace where Customers and Suppliers can find each other, advertise, buy and sell services online. We provide the Platform (including hosting and maintaining the Platform) to users and facilitate connections between Customers and Suppliers, (together the FyxGo Services). We will provide the FyxGo Services in accordance with these Terms and all applicable laws, and we warrant to you that the FyxGo Services will be provided using reasonable care and skill.

4.2You understand and agree that we only make available the FyxGo Services. We are not party to any agreement entered into between a Customer and a Supplier (who contract directly with each other for the services), we do not supply, perform, supervise or guarantee the services, and we have no control over the conduct of Suppliers, Customers or any other users of the Platform. Payment for the services (other than the Service Fee) is made directly by the Customer to the Supplier, and we are not responsible for any Supplier Fee, Materials cost or other amount invoiced by a Supplier.

4.3To book a Supplier, you:

(a) select the trade you require (for example, electrician, plumber, or gas engineer) on the Platform, or describe your issue and upload a photo or video for the Platform to suggest the relevant trade;

(b) provide your property address, access instructions and a description of the problem;

(c) select the number of hours you wish to book, charged at the hourly rate displayed on the Platform for that trade (Hourly Rate); and

(d) make payment of the Service Fee, and confirm your booking (Booking).

4.4Once you confirm your Booking, we will match you with a Supplier, who will attend your property and carry out the services under a separate agreement between you and that Supplier (Confirmed Booking).

4.5By accepting a Booking request, the Supplier confirms that it is legally entitled to and capable of supplying the relevant services.

4.6Hourly Rates are displayed live on the Platform. If an Hourly Rate changes, the updated rate will apply to new Bookings from that time.

5. Communication

5.1We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.

5.2Customers and Suppliers can communicate through our in-app calling and messaging features, and only once a Booking has been made. Customers and Suppliers must not use in-app communication features to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.

6. Payments

6.1When you make a Booking, you will be asked to input your payment details for payment of our fee for providing the FyxGO Services (Service Fee) through our third party payment provider, you will also be presented with the applicable Hourly Rate fees for the Supplier to conduct the work you’ve requested (Supplier Fee), which the Supplier will invoice you for directly. The only amount we collect through the Platform is the Service Fee. As the Customer, you agree to pay the Service Fee to us, and pay the Supplier Fee (and any other amount properly invoiced in accordance with these Terms) directly to the Supplier in accordance with the Supplier’s invoice terms. We do not collect or process the Supplier Fee.

6.2If you are a Supplier, you must invoice the Customer for the services in accordance with the Hourly Rate and Supplier Fee displayed on the Platform and presented to the Customer at the time of the Booking, and you must not invoice or charge any amount that departs from, or is in addition to, what was represented to the Customer on the Platform (other than Materials approved in accordance with these Terms). Your invoice terms must be provided to the Customer before the services begin, and you must not require or accept payment of the Supplier Fee through us.

6.3Materials and parts required for the Job (Materials) are charged separately from the Supplier Fee and will be invoiced to you directly by the Supplier.

6.4Before purchasing Materials, the Supplier will either:

(a) request your approval for the cost of specific Materials, with supporting proof of cost, before any charge is applied; or

(b) rely on a standing authorisation you have given for Materials costs up to a capped amount (Materials Cap), which you may set in your Account.

6.5If the actual cost of Materials exceeds the amount you approved or the Materials Cap, the Supplier bears the risk of recovering that excess; we are not responsible for collecting, or guaranteeing payment of, any shortfall.

6.6The payment methods we offer are set out on the Platform. We offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

6.7You must not pay, or attempt to pay, any amount in connection with these Terms by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.

6.8You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us in connection with the Platform.

7. Refunds and Cancellation Policy

7.1If you are a Supplier and the Customer has consumer rights to cancel a Confirmed Booking during the relevant cooling off period under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you agree to facilitate the cancellation and any refund in accordance with those Regulations.

7.2If you are a Customer and a ‘consumer’ as defined in the Consumer Rights Act 2015, and you cancel your Account within 14 days of first opening it, in accordance with your cooling off rights under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we will refund any Service Fee you have prepaid, within 14 days of receiving your cancellation. Where you have expressly asked for the FyxGo Services to begin during the cooling off period, we may deduct from the refund an amount proportionate to the FyxGo Services already provided, as permitted by those Regulations. This clause does not affect any other statutory rights you may have.

7.3You agree to deal with the cancellation, variation or refund of any services ordered on this Platform in accordance with the refund policy set out on the Platform.

7.4If you are a Customer and you cancel a Confirmed Booking, we will retain 50% of the Service Fee for that Booking as a cancellation fee, and refund the balance. This does not apply where:

(a) you are a 'consumer' and cancel within the cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, in which case clause 7.2 and those Regulations apply instead;

(b) the Supplier fails to attend in which case clause 7.5 will apply; or

(c) we cancel the Booking.

7.5If a Supplier fails to attend a Confirmed Booking at the agreed time without notifying the Customer, the Customer will be refunded the full Service Fee for that Booking, and no cancellation fee will apply. The Customer must notify us through the Platform within 24 hours of the missed appointment.

7.6For disputes between Customers and Suppliers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.

7.7This clause will survive the termination or expiry of these Terms.

8. Identity verification

8.1If we choose to conduct identity verification or background checks on any Supplier, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Supplier or guarantee that a Supplier will not engage in misconduct in the future. Any verification of a Supplier on the Platform is not an endorsement or recommendation that the Supplier is trustworthy or suitable. You should do your own due diligence before engaging the Supplier.

8.2As a Supplier, we may offer you the option of verifying your identity and/or validating your Account using a third party verification service (Third Party ID Service).

8.3You acknowledge and agree that (1) the verification we carry out on Suppliers may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely solely on our verification of a Supplier, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.

9. Reviews

9.1Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.

9.2You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

9.3You can write a Review about a Supplier if you have had an experience with that Supplier, which means that (1) you have engaged the Supplier through the Platform; or (2) you can otherwise document your interaction with the Supplier in relation to the Platform, including via correspondence (collectively referred to as a Customer Experience).

9.4You may not write a review about a Supplier you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Supplier, or otherwise work for the Supplier. Similarly, you may not write a Review about a direct competitor to the Supplier that you own, are employed by or work for.

9.5Your Customer Experience must have occurred in the 12 months prior to you writing a Review.

9.6You may only write about your own Customer Experience. You are not permitted to write a Review about somebody else’s Customer Experience, such as that of a family member or friend.

9.7You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive to write a Review, you should include information about this in your Review. Incentives include being offered a gift, reward, discount or advantage for writing a Review on the Platform.

9.8This clause will survive the termination or expiry of these Terms.

10. Intellectual Property

10.1All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, the Platform itself and any content on the Platform (except User Content)) (Our Intellectual Property) will at all times vest, or remain vested, in us.

10.2We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.

10.3You must not, without our prior written consent:

(a) copy, in whole or in part, any of Our Intellectual Property;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

(c) breach any Intellectual Property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.

10.4Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:

(a) you do not assert that you are the owner of Our Intellectual Property;

(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;

(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and

(d) you comply with all other provisions of these Terms.

10.5This clause will survive the termination or expiry of these Terms.

11. Content you upload

11.1You may be permitted to post, upload, publish, submit or transmit relevant information and content including photographs and videos of the property or issue you need fixed, and Reviews (User Content) on the Platform.

11.2If you make any User Content available on or through the Platform, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email. We will endeavour to action any removal requests within a reasonable time. This does not limit any rights you may have under any applicable privacy laws.

11.3You agree that you are solely responsible for all User Content that you make available on or through the Platform. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party’s Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

11.4We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

11.5If you believe that any User Content on the Platform is an infringement of your Intellectual Property rights, please contact us using the contact details set out at the top of these Terms, and we may investigate.

11.6This clause will survive the termination or expiry of these Terms.

12. Warranties

12.1You represent, warrant and agree that:

(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;

(b) there are no legal restrictions preventing you from entering into these Terms;

(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;

(d) where you are a Supplier, you are responsible for complying with all laws, rules and regulations which apply to you;

(e) where you are a Supplier, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services; and

(f) where you are a Supplier, you are solely responsible for determining which projects to accept, the type, timing, manner and means, methods or processes of providing your services, the price you charge for services (subject to your obligations in the Payments clause of these Terms). You are not our employee and are not entitled to any employment benefits. We do not supervise, direct or control any of the services you offer. Other than requiring you to invoice in accordance with the Hourly Rates and Supplier Fee displayed on the Platform, we do not set your fees, work hours, your schedule or your location. We do not provide you with training, equipment or tools or any materials to provide your services. You are responsible for any taxes payable on any fee you receive for your services.

13. Data Protection

13.1We understand that protecting your Personal Data is important. We set out how we handle your Personal Data in our Privacy Policy, available on our website.

13.2We process Customers' Personal Data, and Suppliers process Customers’ Personal Data (for example, the Customer’s name and property address), as separate and independent controllers. This means that we and Suppliers are responsible for the Personal Data of Customers we each process.

13.3Where you are a Supplier, you agree to:

(a) comply with all obligations under the Data Protection Act 2018, and all other data protection laws applicable to the processing of Customer Personal Data;

(b) only process Customers’ Personal Data that you receive through the Platform exclusively for the purpose(s) for which you received the Personal Data under and/or in connection with these Terms; and

(c) delete all Customer Personal Data you receive in connection with the Platform and/or these Terms immediately after the respective purpose(s) has/have been fulfilled, except to the extent you are legally required to retain the Personal Data.

13.4Despite anything to the contrary, to the maximum extent permitted by law, you (as a Supplier) are liable for, and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with your breach of this clause 13 or any applicable data protection laws.

14. Limitations on liability

14.1Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

(d) defective products under the Consumer Protection Act 1987.

14.2This clause 14.2 applies if you are a ‘consumer’ as defined in the Consumer Rights Act 2015 and to the extent that the Platform is considered digital content. If the Platform is defective and it damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14.3To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:

(a) the use or results of any identity verification we carry out on a Supplier;

(b) any third party services, or any unavailability of the platform due to a failure of the third party services; and

(c) any aspect of the Customer and Supplier interaction including the services offered by the Supplier, the description of the services requested or offered, any advice provided, the performance of the Services, including the quality, safety or completion of the Services, or any damage to your property caused by a Supplier.

14.4Subject to clause 14.2 (damage caused by defective digital content) and clause 14.1 (liability which cannot legally be limited), but despite anything to the contrary, to the maximum extent permitted by law:

(a) you agree to indemnify us for any Liability we incur due to (i) any claim (including from any tax authority) for any VAT for which you are responsible that you did not correctly declare or remit to the relevant tax authority, (ii) your breach of the Acceptance and Platform Licence clause (clause 2), and (iii) your breach of the Intellectual Property clause (clause 10) of these Terms;

(b) if you are not a ‘consumer’ as defined in the Consumer Rights Act 2015, we will not be liable for any Consequential Loss;

(c) where you are a ‘consumer’ as defined in the Consumer Rights Act 2015, we will have no liability to you for any loss of profit, loss of business, loss of data, business interruption, or loss of business opportunity;

(d) a Party’s liability for any liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the negligent or unlawful acts or omissions of, or breach of these Terms, by the other Party; and

(e) our aggregate liability for any and all Liability arising from or in connection with these Terms will be limited to the Service Fee for the Booking giving rise to liability.

14.5We have given commitments as to the compliance of the Platform with these Terms and applicable Laws in clause 1.1. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.

14.6This clause 14 will survive the termination or expiry of these Terms.

15. Termination

15.1As a Customer, you may cancel your Account at any time, using the ‘cancel Account’ functionality (or similar) in the Account page section of your Account settings. Your cancellation will take effect immediately, subject to any Confirmed Booking already in progress.

15.2We may terminate these Terms at our discretion, effective immediately, including if we no longer intend to operate the Platform (Termination for Convenience).

15.3These Terms may be terminated upon written notice by a Party (Non-Defaulting Party) if:

(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or

(b) the Defaulting Party is bankrupt, goes into liquidation, administration, or receivership, or otherwise suffers a similar insolvency event in any jurisdiction in the world.

15.4Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach, or we may cancel your Account (acting reasonably).

15.5We may, at our discretion and at any time, with or without notice, remove you, your Account, your profile, or any listing or User Content from the Platform, or restrict your access to the Platform.

15.6Upon expiry or termination of these Terms:

(a) we will remove your access to the Platform;

(b) we will immediately cease providing the FyxGo Services;

(c) where you are a Customer, we will cancel any existing Confirmed Bookings and you will be refunded any Service Fees paid for Services not yet performed; and

(d) where we terminate the Terms as a result of your unrectified default, you also agree to pay us our reasonable additional costs directly arising from such termination, including recovery fees.

15.7Where termination is due to our breach of these Terms or due to our Termination for Convenience, we agree to refund you for any prepaid unused Service Fees on a pro-rata basis.

15.8Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.

15.9This clause will survive the termination or expiry of these Terms.

16. Supplier insurance

16.1As a Supplier, we may request that you provide evidence of your insurance. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the services you choose to provide to Customers. If we do not ask you to provide evidence of insurance this does not indicate that we believe you do not require insurance. You acknowledge and agree it is your responsibility to make your own investigations and receive professional advice on the insurance you require.

17. General

17.1Assignment: Subject to the below clause 17.2, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

17.2Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.

17.3Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Customer, or by a Supplier.

17.4Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

17.5Disputes: For business-to-business transactions, a Party may not commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask The Centre for Effective Dispute Resolution to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

For business-to-consumer transactions, alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to The Centre for Effective Dispute Resolution via their website at https://www.cedr.com/. The Centre for Effective Dispute Resolution will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

17.6Entire Terms: Subject to your consumer law rights (if applicable), these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

17.7Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations, and uses reasonable endeavours to minimise the duration and adverse consequences of the Force Majeure Event.

17.8Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.

17.9Governing law: These Terms are governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

17.10Notices: Any notice given under these Terms must be in writing addressed to us at the details set out at the top of these Terms or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

17.11Publicity: You agree that we may advertise or publicise the broad nature of our supply of the FyxGo Services to you, including on our website or in our promotional material.

17.12Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.

17.13Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

18. Definitions

18.1Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. The Parties acknowledge and agree that your obligation to pay us any fees under these Terms will not constitute “Consequential Loss” for the purposes of this definition.

18.2Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control.

18.3Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or Confidential Information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

18.4Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to these Terms or otherwise.

18.5Personal Data has the meaning given in the Data Protection Act 2018.