TERMS AND CONDITIONS OF USE FOR FIXIT INCLUDING GDPR INFORMATION
OUR TERMS
1. THESE TERMS
1.1
What these terms cover. These are the terms and conditions on which we supply this service to you and on our information sharing practices.
1.2
Why you should read them. Please read these terms carefully before you use FIXIT website to report your housing issue. These terms tell you who we are and how we will provide this services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or they require any changes, please contact us to discuss. (see 2.2)
1.3
Trademarks: “Barnardo’s” and the “Barnardo’s” logo are trademarks. All other trademarks and logos used in this website are the trademarks or logos of their respective owners.
2.1
Who we are. This FIXIT site is operated by or on behalf of Barnardo’s
We are primarily a children’s charity and work with the entire family unit
Our registered charity number is: 216250 / SC037605
We are a registered Company limited by guarantee in Northern Ireland. Our company number is 61625. Our registered office is at Tanners Lane, Barkingside IG6 1QG
2.2
How to contact us. You can contact us by telephoning us at 02890 672366 or by writing to us at receptionni@barnardos.org.uk
2.3
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4
”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1
How we will accept your request to receive our reporting service. Our acceptance of your request will take place when we have received your submission through FIXIT and you have agreed to the terms and conditions of use.
3.2
If we cannot accept your request. If we are unable to accept your request to use FIXIT, we will inform you of this [in writing]. This might be because of unexpected limits on our resources which we could not reasonably plan for or because your accommodation is not part of the participating landlords and housing associations list.
3.3
Important Information about our FIXIT service: We are not a repair service nor are we a substitute for your formal routes to reporting your housing issues as set out within your tenancy agreement. We do not assess damage; we do not investigate causation or seek to allocate blame; we do not have any decision making powers in relation to assessment of works; we do not decide how to prioritise issues or response times. FIXIT is to ensure you have reported your issue to your landlord or letting agent successfully when standard reporting mechanisms are difficult due to the language barrier. You understand that none of our Barnardo’s staff act in the capacity of a housing officer, landlord or other licensed or registered housing professional. If you are under tenancy of a housing association or landlord not participating in FIXIT, you should discuss any concerns with your letting agent / landlord directly, and should not start using FIXIT. If you move from one property participating in FIXIT to another that does not, you must discontinue your use of FIXIT immediately.
4. SERVICES and GDPR
4.1
This service is provided in line with Barnardo’s GDPR policy. A copy of this policy is available by written request to ReceptionNI@barnardos.org.uk
4.2
The service we shall provide to you is one of reporting only, your landlord / letting agent on receiving your report shall contact you directly and determine what works if any shall be carried out, and within what timescale. The FIXIT service does not store your data, but rather acts as a conduit by sending your data to your landlord for action.
4.3
When you register with FIXIT you are stating that you are over 18 years of age and understand the terms and conditions of use.
4.4
When uploading photographs or video of your housing issue do not include images of children, young people or adults.
4.5
You are responsible for any data you enter and in doing so, agree to this being shared with the receiver at the other end.
4.6
You are responsible for ensuring your data is sent to the correct landlord/letting agent. FIXIT does not share any responsibility for misdirected data sent by you to the wrong landlord, nor control how this data is deleted, however in this event, Landlords / letting agents should dispose of that data in line with GDPR regulations; inform the tenant of the misdirected information and not act on any information received in error to the detriment of another letting agent.
5. Donations
5.1
If you would like to make a donation to Barnardo’s, please note, you can do so through our website https://donate.barnardos.org.uk/
5.2
Barnardo’s work hard to ensure the process of making a donation is streamlined and trouble free. However we realise that sometimes mistakes can happen. Under charity law, charities are not permitted to refund donations, other than in specific circumstances specified by the Charities Act 2011, if a mistake has occurred or you would like to discuss your donation please contact our Supporter Relations team at supporterrelations@barnardos.org.uk or give us a call on 0800 0087005
5.3
We are committed to the highest standards of legal compliance and we treat all requests for refunds with the utmost importance. Your concerns are important to us and we want to reassure you that we’ll update you every step of the way. Before we are able to consider your request, we will need some paperwork from you as can’t proceed without it. Once we receive everything, we can then advise you on how long things will take – usually 7-10 working day
6. YOUR AND OUR RIGHTS TO MAKE CHANGES
6.1
If you wish to stop your use of this service you can do so at any time. For further reporting mechanisms you should then refer back to contacting your landlord / letting agent directly.
6.2
If we need to make minor changes to the FIXIT service: We may change the service to reflect changes in relevant laws and regulatory requirements or we may make other minor changes to reflect, for example, new techniques which we have developed or other such changes which shall not have any adverse affect on the efficacy of the service we agreed to provide.
6.3
More significant changes to the FIXIT services and these terms. In addition, we may make the following changes to the services, but if we do so we will notify you.
7. PROVIDING THE SERVICES
7.1
When we will provide the service. FIXIT reporting service is available 24 hours a day seven days per week and will only be offline for essential works and updates.
7.2
We are not responsible for delays outside our control. If the performance of FIXIT reporting service is affected by an event outside our control we will not be liable for delays caused by the event but you may cancel your use of FIXIT at any time.
7.3
If you impede your landlord / letting agent from providing the repair service We would appreciate it if you would give your landlord / letting agent notice to cancel a repair visit and only in exceptional circumstances. Otherwise, if you have asked them to provide a repair service at your property and you do not allow access as arranged or you do not show up or show up late and you do not have a good reason for this you may incur a cost equal to the time and money spent on organizing the repair.
7.4
What will happen if you do not provide required information. Your landlord or letting agent may need certain information from you so that they can provide the services to you. They will contact you to ask for this information. If you do not provide them with this information, or you provide incorrect information, you may incur a cost for any further damage caused due to a prolonged repair period.
7.5
Reasons we may suspend the services. We may have to suspend the services to:
(a) update the services to reflect changes in relevant laws and regulatory requirements;
(b) make changes to the services as requested by you or notified by us to you
7.6
Your rights if we suspend the services. We will contact you through FIXIT to tell you we will be suspending the service. If we have to suspend the service you should seek to contact your landlord or letting agent as set out within your tenancy agreement..
8. YOUR RIGHTS TO END THE USAGE of FIXIT
8.1
You may end your use of FIXIT at any time.
We would appreciate you letting us know through the feedback box why you have made this decision.
9. OUR RIGHTS TO END THE CONTRACT
9.1
We may end the FIXIT service. We may end the service at any time by writing to you if you do not use FIXIT for its intended purpose or use it to harass or derogatory to any individual receiving your messages.
10. IF THERE IS A PROBLEM WITH THE SERVICES
10.1
How to tell us about problems. If you have any questions or complaints about the services, please contact us by telephoning 02890 672366 or by writing to us at ReceptionNI@barnardos.org.uk
10.2
Summary of your legal rights. See the box below for a summary of your key legal rights in relation to the FIXIT service. Nothing in these terms will affect your legal rights.
| Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. The Consumer Rights Act 2015 says: you can ask us to repeat or remedy a service if it’s not carried out with reasonable care and skill |
[11. PRICE AND PAYMENT
11.1
We do not charge for our FIXIT service [but are grateful for any voluntary donation].
12. Intellectual Property
12.1
Barnardo’s owns the copyright of, and other intellectual property rights, in FIXIT and its contents. “Rights” means copyright, database rights, trademarks, design rights and other intellectual and proprietary rights of whatever nature, anywhere in the world. You acknowledge that (i) Barnardo’s is protected by these Rights; (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, these Terms and Conditions and applicable copyright, trademark and other laws govern your use of such Rights.
12.2
You may view, print, download or store extracts from FIXIT for your personal, non-commercial reference without alteration, addition or deletion. You may not otherwise copy, replicate, distribute, publish, commercially exploit or otherwise transfer any FIXIT material or content without prior consent.
12.3
By submitting content through FIXIT to your letting agent / landlord, which shall include your personal data, this will not be made public but be kept within your tenancy information held by your letting agent / landlord. You are solely responsible for any data you enter and in doing so, agree to this being shared with the receiver at the other end. You are solely responsible for ensuring your data is sent to the correct landlord. FIXIT does not share any responsibility for misdirected data sent by you to the wrong landlord.
12.4
Limitation of liability: Barnardo’s does not guarantee that access to this electronic reporting tool will be uninterrupted, that this FIXIT website will be free from viruses or that this FIXIT website cannot be tampered with by third parties. This FIXIT website and the information are provided on an ‘as is’ basis, with no warranties of any kind whatsoever, either express or implied, including, but not limited to, any warranties or any implied warranties of merchantability or fitness for a particular purpose. Use of this FIXIT website and the information is entirely at the users sole risk both tenant and landlord / letting agent. In no event will Barnardo’s be liable for any damages whatsoever arising out of or related to this FIXIT website. Your sole and exclusive remedy for dissatisfaction with this website and/or information is to stop using the site and the information.
12.5
Modification of the Terms and Conditions: Barnardo’s may modify the terms of this agreement on this site. You agree to periodically review this agreement to be aware of any such revisions. Should the revision be unacceptable to you, you agree to stop accessing this site. Your continued use of this website following such notification of any such revision(s) shall be deemed as acceptance of and agreement to abide by all such revisions.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1
How we will use your personal information. We will use the personal information you provide to us in accordance with our Privacy Policy to:
(a) provide the service;
(b) process your payment for any donations; and
(c) if you agreed to this during the order process, to inform you about any fundraising requests but you may stop receiving these communications at any time by contacting us.
14. OTHER IMPORTANT TERMS
14.1
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract at any time.
14.2
You may not share this website with someone else or direct their use of it. This is because not every landlord or letting agent is involved with this service.
14.3
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Northern Irish law and you can bring legal proceedings in respect of the services in the Northern Irish courts.
