"Thank you for the quick repair you did on my iPad screen, I am very pleased with the service and will certainly recommend you."
1.1. iTechnician is a portal connecting Members and Customers and as such, services are not made directly from iTechnician but from the unaffiliated Member.
1.2. Members are not validated by iTechnician, except to ensure that they are an authentic individual or company with Member activity elsewhere.
1.3. iTechnician approves Members but only on a basic level and as such, iTechnician encourages Customers to take into account Member feedback and ratings prior to making purchases, as well as encouraging Customers to ask relevant questions before committing to purchase a service.
1.4. iTechnician does not endorse or guarantee any items or services sold by Members and do not provide any testing or standards against which items or services sold, are held.
1.5. Purchases are at the complete discretion of the Customer.
2.1. As iTechnician do not validate or test goods or services, it is your responsibility to ensure that the product(s)/service(s) you purchase are suitable. iTechnician cannot be held liable or responsible for any injury caused by use of a product or service. If you are unsure if a product or service is suitable, you are encouraged to contact the Member.
2.2. You understand and accept that upon purchasing any product or services from a Member you are bound by the terms and conditions of that Member, where applicable. iTechnician do not provide terms and conditions for refunds or exchanges other than the statutory provisions required by law.
2.3. Customers found to be purchasing illegal or immoral goods shall be reported, along with the Member to the relevant authorities, and shall be forbidden from using the Portal in the future.
3.1. Payments shall be made directly to the Member, and shall be taken in the form which they request at the time of engagement.
3.2. Disputes regarding payments should be directed to the Member.
4.1. Purchases are made through iTechnician, but not from iTechnician. As such, requests for cancellations, refunds or disputes relating to items or services purchased, should be directed directly to the Member.
4.2. Under the laws of England and Wales, unopened, unused items or faulty goods may be returned to the Member for a full refund within 14 (fourteen) days of purchase in accordance with the Distance Selling Regulations 2015, applicable where goods have been purchased from Members online via their own websites.
4.3. Upon cancelling an order or service, within the time frame given in clause 4.2, the Member shall provide you with confirmation, in writing of the cancelled order.
4.4. Most services shall be carried out in person and you shall be required to attend the Members base, iTechnician do not have any liability or responsibility for any engagements between you and the Member.
4.5. The Members terms and conditions shall provide you with the cost implications of returning goods if applicable, and as such, iTechnician encourages you to read the Members terms and conditions prior to any purchase.
4.6. Returned goods should be sent directly to the Member. iTechnician shall not accept any returned items, nor any liability for such items.
4.7. Refunds for returned items shall come directly from the Member and as such any disputes related to refunds or returns should be directly directed to the Member.
5.1. ITECHNICIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ITECHNICIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ITECHNICIAN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ITECHNICIAN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ITECHNICIAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF PLEASURE MYSTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ITECHNICIAN AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ITECHNICIAN PURSUANT TO THIS AGREEMENT
5.2. You shall indemnify and hold harmless iTechnician and its personnel against all Liability and Losses (1) asserted against or suffered by You or any other person and arising out of or in connection with services, materials or information provided by iTechnician or the Members; and/or asserted against or suffered by iTechnician or any other person (including You) and arising out of or in connection with services, materials or information provided by or on behalf of You, and including without limitation losses and expenses incurred by iTechnician directly.
5.3. The Provisions of this clause 5 shall not apply in circumstances where they may not apply by virtue of applicable law, including where applicable, and without limitation: -
5.3.1. by virtue of Section 7 of the Consumer Protection Act 1987; and
5.3.2. by virtue of Section 2(i) of the Unfair Contract Terms Act 1977 in respect of liability for negligence.
5.4. In these terms the expression "Services" shall include without limitation the making of any statements by ITechnician or on its behalf in connection with these terms. For the purpose of this clause 5 ITechnician contracts on its own behalf and on behalf of, and as trustees for, it’s personnel.
5.5. For the purposes of this clause 5:
5.5.1. "Liability" means liability in contract, tort (including without limitation negligence and defamation), breach of statutory duty or otherwise
5.5.2. "Losses" means demands, claims, awards and other losses and expenses (including legal fees) in respect of death, personal injury, loss or damage
5.5.3. "Personnel" includes partners, officers, employees, agents and representatives.
5.6. Should any claim arise in contract or in tort (including negligence) or otherwise, ITechnician’s maximum aggregate liability shall in no circumstances exceed an amount equal to the ITechnician’s Professional Indemnity cover.
6.1. iTechnician provides a portal for Members and Customers to transact. iTechnician does not hold itself out to have any relationship with any users of the Site and You as a Customer shall not hold yourself out to having any relationship with iTechnician other than a user of the portal service.
6.2. iTechnician are not liable for any interaction between parties using the Site, between Member and Customer or any other user. iTechnician take no liability or responsibility for disputes which may arise out of using the Site or from purchasing or selling goods.
7.1. If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8.1. iTechnician shall not be deemed in breach of these terms if they are unable to complete the Services or any portion thereof by reason of fire, earthquake, employment dispute, act of God or public enemy, death, illness or incapacity of iTechnician or any national or international law, governmental order or regulation or any other event beyond iTechnicians’ control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, iTechnician shall give notice to You of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
9.1. The formation, construction, performance and enforcement of these terms shall be in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts as regards any claim or matter arising in relation to these terms. You acknowledge that iTechnician will have no adequate remedy at law in the event You use the deliverables in any way not permitted hereunder, and hereby agree that iTechnician shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein.
10.1. iTechnician may, from time to time amend or change these terms. Any amendments shall be made to you in writing.