Welcome to Outfox our website at www.outfox.club and/or our iOS and Android Mobile Application (our “Platform”). These Terms and Conditions (the “Terms”) constitute a legal agreement between you and Outfox, outfox.club, Outfox, Sharad Technologies Private Limited, 20th Floor, Oberoi Commerz II, Goregaon (E), Mumbai – 63, India (hereinafter “outfox”, “we”, “us” or “our”) governing the use of our Platform and our Services.

You should print a copy of these Terms for future reference.

 

  1. TERMS OF USE
    • The provisions set out in these Terms govern your access to and your use of our Platform and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Platform.
    • Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Platform on these Terms.
    • By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our Platform, you agree and acknowledge that:
      • you have read the terms set out in these Terms and agree to be bound by and comply with them; and
      • you shall ensure that all Users of your Account abide by these Terms.
    • You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
    • We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to our Platform or your Account at any time, or remove or edit content (including content submitted by you) on our Platform or on any of our affiliated websites (including social media pages).
    • We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Platform or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
    • Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
  1. APPLE AND ANDROID DEVICES LICENSE AGREEMENT
    • The following terms apply when you use our APP obtained from either the Apple’s, or Android’s store (each an “App Distributor”) to access our APP:
      • the License granted to you for our App is limited to a non-transferable License to use our APP on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
      • we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this License contained in this License Agreement or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
      • in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App;
      • you must comply with applicable third-party terms of agreement when using the App,
      • you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this License contained in this License Agreement, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this License contained in this License Agreement against you as a third-party beneficiary thereof.
  1. UPLOADING CONTENT TO OUR PLATFORM
    • You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Platform complies with our Privacy Policy, Acceptable Use Policy, the GDPR and any other applicable laws.
    • You are fully responsible for your content uploaded to our Platform. We will not be responsible, or liable to any third party, for:
    • the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Platform; or
    • the loss of any content or data provided to us by you. You should keep a record of all such content and data.
    • We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
    • We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the Platform.
    • We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Platform constitutes a violation of their rights under applicable law.
    • We have the right to delete any content uploaded to our Platform if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
  1. ACCEPTABLE USE POLICY
    • You may use our Platform only for lawful purposes. You may not use our Platform:
      • in any way that breaches any applicable local or international laws or regulations;
      • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
      • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
      • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    • You also agree:
      • not to reproduce, duplicate, copy or re-sell any part of our Platform in contravention of the provisions of our Terms; and
      • not to access without authority, interfere with, damage or disrupt:
      • any part of our Platform;
      • any equipment or network on which our Platform is stored;
      • any software used in the provision of our Platform; or
      • any equipment or network or software owned or used by any third party.
    • Restrictions
      • Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
      • not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Platform or any of the contents therein for any commercial or other purposes;
      • not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Platform nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Platform or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
      • not to provide or otherwise make available our Platform in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
      • to include our copyright notice on all entire and partial copies you make of our Platform on any medium;
      • to comply with all applicable technology control or export laws and regulations; and
      • not to disrupt, disable, or otherwise impair the proper working of the Services, our Platform or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
  1. SUSPENSION AND TERMINATION
    • We will determine, in our discretion, whether there has been a breach of our acceptable use policy through your use of our Platform. When a breach of this policy has occurred, we may take such action as we deem appropriate.
    • Failure to comply with our acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:
      • immediate temporary or permanent withdrawal of your right to use our Platform;
      • immediate temporary or permanent removal of any Contribution;
      • issuance of a warning to you;
      • legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach;
      • further legal action against you; and/or
      • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    • We exclude liability for actions taken in response to breaches of our acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
  1. INTELLECTUAL PROPERTY RIGHTS
    • You acknowledge that all intellectual property rights in our Platform anywhere in the world belong to us, that rights in our Platform are licensed (not sold) to you, and that you have no rights in, or to, our Platform other than the right to use them in accordance with these Terms.
    • Any intellectual property rights in content uploaded by you to our Platform shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive license to use, reproduce, publish, and display such intellectual property rights for the purposes of performing the Services, promotional purposes, internal administrative purposes and any other purposes set out in these Terms, including for the purpose of improving the Services and our responses to users of the Platform.
    • You acknowledge that you have no right to have access to our Platform in source code form.
  1. WARRANTIES
    • While we make all efforts to maintain the accuracy of the information on our Platform, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
    • To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Platform or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Platform, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
  1. LIMITATION OF LIABILITY
    • We are not liable for the completeness, accuracy or correctness of any information uploaded on our Platform and any Related Content. You expressly agree that your use of the Services and our Platform, is at your sole risk.
    • You agree not to use the Services, our Platform and the Related Content for any illegal and illicit purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our Platform or any other website or software) for:
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss or corruption of data or information;
      • loss of business opportunity, goodwill or reputation; or
      • any other indirect or consequential loss or damage.
    • Nothing in these Terms shall limit or exclude our liability for:
      • death or personal injury resulting from our negligence;
      • fraud; and/or
      • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
    • Our Platform is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
    • These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our Platform. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Platform which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  1. INDEMNITY

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Platform, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

  1. YOUR PROVISION OF INFORMATION
    • When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current.
    • If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
    • You agree that, if you have provided us with personal data relating to a third party (a) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to us and (b) that you have brought to the attention of any such third party our Privacy Policy. You agree to indemnify us in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
  2. EVENTS BEYOND REASONABLE CONTROL

We will be not held responsible for any delay or failure to perform or comply with our obligations under these Terms and Conditions when the delay or failure arises from any cause which is beyond Outfox’ reasonable control.

 

  1. PLATFORM MANAGEMENT
    • We reserve the right, but not the obligation, to:
      • monitor the Platform for violations of these Terms and Conditions;
      • take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
      • in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
      • in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
      • otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.

 

  1. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
    • Outfox may modify these terms or any additional terms that apply to the Service to, for example, reflect changes to the law or changes to the Service. You should look at the terms regularly. Outfox will post notice of modifications to these terms, or other policies referenced in these terms at the applicable URL for such policies.
    • Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If You do not agree to the modified terms for the Service, you should discontinue Your use of our Platform.
    • No amendment to or modification of this Agreement will be binding unless
      • in writing and signed by a duly authorised representative of Outfox,
      • You accept updated terms online, or
      • You continue to use the Service after Outfox has posted updates to the Agreement or to any policy governing the Service.

 

  1. CORRECTIONS

There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Platform, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

 

  1. AVAILABILITY OF THE PLATFORM
    • The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
    • Outfox accepts no liability for any disruption or non-availability of the Platform resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  1. OTHER IMPORTANT TERMS
    • We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
    • You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    • No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
    • These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
    • If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
    • These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of India. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Mumbai.

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