Foxity Web

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS OF APP USE

These terms of use (together with the documents referred to in it) (“Terms”) are the terms on which you may make use of Foxity Mobile App (“App”). Use of the App includes accessing, browsing, or registering to use the App. Please read these Terms carefully before you start to use the App. We recommend that you print a copy of this for future reference.

By using the App, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree to these Terms, you must not use the App. If you do not agree with any amendments made by to these Terms at any time in future, you must stop using the App with immediate effect.

OTHER APPLICABLE TERMS

These Terms refer to, incorporate, and include the following additional terms, which also apply to user of the App and to the third party service provider:

ABOUT US

The App provides a technology platform to facilitate and provide various services such as events listing, venue listing, events gallery, social networking services, and other related services, as offered, uploaded and updated by curated third party service providers (the “Services”). The App is an online platform where users can find the Services, which includes without limitation setting out their preferences in relation to the activities they wish to partake in, and Customers can book these Services or learn about these Services. The App list various Service Providers, freelancer artists and enable them to showcase their profile. The App also has a provision for the users to provide their ratings and reviews about the quality of services. The App is operated by Phoxity Entertainment Private Limited (the “Company”) incorporated under Indian Companies Act, 2013 with registered office at 120, 5th Floor, Shahpur Jat, Delhi – 110049.

Any reference to “you” or “your” or “user” or “customer” (if applicable) refers to you as a user of the App and the Services; and any reference to “Foxity”, “we”, “our” and “us” shall refer to the Company and the “service provider” shall mean the provider of the Services on the App.

CHANGES TO THESE TERMS AND SERVICES

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may, without prior notice, change the Services; add or remove functionalities or features; stop providing the Services or features of the Services, to you or to users generally; or create usage limits for the Services.

CHANGES TO THE APP

We may update the App from time to time, and may change the Content at any time. In these Terms, the term (“Content”) means any information, text, graphics, or other materials uploaded by the users of the App, third party service providers or by us. However, please note that any of the Content on the App may be out of date at any given time and we are under no obligation to update it.

We do not guarantee that the App, or any Content on it, will be free from errors or omissions.

ACCESSING THE APP

We do not guarantee that your use of the App, or any Content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period.

You are also responsible for ensuring that all persons who access the App through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose to register with us, an account will be created for your use (“Account”) on the App and you will be provided with required Account Information to enable your access to the Account. The term “Account Information” refers to a user identification code, password or any other piece of information which may be provided to you as part of our security procedures. If you access the App after logging into any third party App like Facebook, Twitter or Gmail, the login information of such third party account, as the case may be, shall be considered as the Account Information. You must always treat Account Information as confidential and must not disclose it to any third party. Any access to the App through your Account shall be considered an access by you or on your behalf and you shall be solely responsible for any activity carried out in, by or through your Account either on the App or any other App accessed by you through the App.

You represent and warrant that if you are an individual, (i) you are over eighteen years of age, or (ii) that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms and register for the Services, in accordance with the laws of India. Any person under the age of eighteen (18) years accessing the App should do so only under parental guidance. If we change the eligibility criteria to be registered with the App and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion, you accept that we may close your Account without any liability for us. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms or use of the Services is prohibited and, in such circumstances, you agree not to use or access the App or Services in any way.

We have the right to disable your use of the Account Information or any part of it, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at [email protected] We are not liable for any losses or other consequences of unauthorised use of your account.

TERMS FOR ACCESS TO THE LIQUOR STORES DISCOVERY AND RELATED SERVICES OF THE APP

The Company provides to its users a limited local search and discovery services for liquor stores based on their location. The Company acts merely as an online directory and collates and curate information from different mediums regarding the location of liquor stores. Foxity does not in any manner promotes or endorse consumption of liquor/alcohol nor it advertise for the alcohol or liquor. Users are requested to drink responsibly. You shall access this section of the App only if you comply with drinking age limit prescribed by the laws of your state.

USER RESPONSIBILITIES

These Terms govern your behaviour on the App and set forth your obligations. The user and the third party service provider agree and confirm to the following responsibilities:

PAYMENT TERMS

The App is made available free of charge.

INTERACTIVE SERVICES

We may from time to time provide interactive services on the App, including, without limitation:

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them. The Company also provide

INTELLECTUAL PROPERTY RIGHTS

We are the owner of the App. However, the ownership of Content is with the creator of that specific Content. The Company does not have any ownership rights on the Content available on the App.

We are the licensee of all copyrights, trademarks, service marks or any other intellectual property in the Content published on the App. All such rights are reserved. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the Content on the App for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The Content on the App is provided for general information only. It is not intended to amount to advice on which you should rely.

We display some Content that is not ours. This Content is the sole responsibility of the person/entity who makes it. The Content of the App, including without limitation, text, copy, audio, video, is for informational purposes only. Reliance on any information appearing on the App, whether provided by the Company, its Content providers, the third party service providers, visitors to the App or others, is solely at your own risk, and the Company shall not bear any liability for any loss/ injury that may arise due to your reliance on any information published on the App. You acknowledge and agree that should any claim/ damage/ liability arise as a result of any reliance placed by you on any information published on the App, the person from whom said Content is obtained and made available on the App shall be solely responsible, and the Company shall have no liability in relation to the same.We may review Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review Content, so please don’t assume that we do. We assume no responsibility for the Content of Apps linked on the App. Such links should not be interpreted as endorsement by us of those linked Apps. We will not be liable for any loss or damage that may arise from your use of them.

Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied, that the Content on the App is accurate, complete or up-to-date.

DISCLAIMER OF WARRANTIES

You expressly acknowledge and agree that use of the Services and the App is at your sole risk. The Services and the App are provided on an "as is" and "as available" basis. Although we make best efforts to procure high quality Services to all our users, to the fullest extent allowed by law, we expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the warranties of merchantability or fitness for a particular purpose. The contents of the Services or the App may contain bugs, errors, problems or other limitations. We assume no liability or responsibility for any errors or omissions in Content.

We are not responsible for the Content uploaded by you on the App. We are not responsible for any direct or indirect damages or losses caused to you, including without limitation, lost profits, business interruption or other loss resulting from use of or reliance in any way on anything available on the App. It is solely your responsibility to evaluate the accuracy, reliability, completeness and usefulness of Content available on the App that is used by you. We make no warranty that the Services or App will meet your requirements or that the Services or your access to the App will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data All commercial/contractual terms are offered by and agreed to between user and third party service providers alone. Foxity disclaims all liability to either the user or the service provider or any person claiming for any breach of the terms of the Agreement including claims based on the ratings, reviews or the work profile of the service providers mentioned on the App.

The Company/App makes no representations as to the reliability, capability, or qualifications of any service provider or the quality, security or legality of any Services and Foxity disclaims any and all liability relating thereto. The Company/App does not implicitly or explicitly support or endorse the procurement of any Service on the App. Foxity shall not be responsible for te quality of Services provided by the service providers through the App. Descriptions of the service providers and offers advertised on the App are provided by the service providers or other referenced third parties. Foxity is not responsible for any claims associated with the description of the service providers or the Services. Pricing relating to certain Service Provider’s offerings, Services, and other available programs on the App may change at any time in Foxity’s sole discretion without notice. Foxity takes no responsibility for the services and/or products for which Foxity digital vouchers may be redeemed. Further, Foxity makes no warranty to the users for the quality, safety, usability, or other aspect of the product or service for which the Foxity voucher may be redeemed. The vouchers are redeemable in their entirety only and may not be redeemed partially or incrementally.

A service provider may advertise goods, services or experiences on the App, that require the service provider to have an up-to-date regulatory authorization, license, or certification. Foxity does not verify, validate, or collect evidence of any regulatory authorization, license or certification from any service provider.

THE APP IS AN INTERMEDIARY WHICH MERELY PROVIDES A PLATFORM WHERE USERS MAY ACT AS CUSTOMER OR SERVICE PROVIDER. FOXITY IS NOT A PARTY TO ANY SERVICE CONTRACT BETWEEN CUSTOMERS AND SERVICE PROVIDERS, AND FOXITY SHALL HAVE NO LIABILITY OR OBLIGATION UNDER OR RELATED TO ANY SUCH SERVICE CONTRACT OR ANY ACTS OR OMISSIONS BY USERS. FOXITY HAS NO CONTROL OVER THE SERVICE PROVIDERS OR OVER THE SERVICES PROMISED OR RENDERED BY THE SERVICE PROVIDERS.

No advice or information, whether oral or written, obtained by you from the Services or App or through the Service(s) or App shall create any warranty not expressly made herein.

USER REVIEWS/RATINGS

User reviews and/or ratings do not reflect the opinion of Foxity. Foxity receives multiple reviews and/or ratings by users, which reflect the opinions of the users. Each and every review/rating posted on Foxity is the personal opinion of the user/reviewer only. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review or provides a rating that isn’t true about the service provider, such service provider may contact the user/reviewer. If any rating/review is in breach of the policy of Foxity, Foxity may in its sole discretion remove such rating/review.

VIRUSES

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

We will not be liable for any loss or damage caused by a virus, denial-of-service attack, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or your downloading of any Content on it, or on any App linked to it. You should use your own virus protection software. We cannot and do not guarantee or warrant that files available for downloading from the App will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.

LIMITATION OF OUR LIABILITY

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App or any Content on it, whether express or implied. We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: If you are a business user, please note that in particular, we will not be liable for: Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes without obtaining a legally valid license to do so in accordance with these Terms.

If any suit/claims arises from the Services offered through the App, such suit/claim shall lie against the concerned third party service provider as the case will be.

ELECTRONIC COMMUNICATIONS

When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the App and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email at [email protected]

UPLOADING CONTENT TO THE APP

Whenever the user and/or the service provider make use of a feature that allows them to upload Content to the App, or to make contact with other users of the App, they must comply with the Content standards set out in our Acceptable Use Policy [http://foxity.in/app- policy.php]. The user and/or the service provider warrant that any such Content added by them does comply with those standards, and they will be liable to us and indemnify us for any breach of that warranty. The user and/or the service provider will be responsible for any loss or damage we suffer as a result of the breach of warranty.

Any Content upload to the App will be considered non-confidential and non-proprietary. The person uploading the content may retain all of the ownership rights in your Content, but they are required to grant us and other users of the App a limited licence to use, store and copy that Content and to distribute and make it available to third parties. The rights licence to us by the Content providers are described in the next clause.

We also have the right to disclose identity of the Content Provider to any third party who is claiming that any Content posted or uploaded by such person to the App constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the Content or accuracy of any Content posted by you or any service provider of the App. We have the right to remove any posting made on the App by the user or the service provider if, in our opinion, such post does not comply with the Content standards set out in our Acceptable Use Policy [http://foxity.in/ app-policy.php].

The views expressed by other users on the App do not represent our views or values.

RIGHTS YOU LICENCE

When the user and/or the service provider upload or post Content to the App, they grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). The user and the service provider agree that this license includes the right for us to make your Content available to others for publication, distribution, syndication, or broadcast of such Content on other media and services, subject to these Terms. Such additional uses by us or others may be made with no compensation paid to the Content provider with respect to use as mentioned.

We may modify or adapt the Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to the Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

Additionally, by uploading Content to the App, the Content Provider warrants, represents and agree he/she/it has the right to grant us the licenses described above. If you wish to make any use of Content on the App other than that set out above, please send us an e-mail at [email protected]

LINKING TO THE APP

If you choose to authenticate your account through a third party service, like Twitter or Facebook, you are linking that account to your Account.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the App in any App that is not owned by you. The App must not be framed on any other site, nor may you create a link to any part of the App other than the home page.

We reserve the right to withdraw linking permission without notice. The App in which you are linking must comply in all respects with the Content standards set out in our Acceptable Use Policy [http://foxity.in/app-policy.php].

INDEMNIFICATION

To the maximum extent permitted by Applicable Law, you shall indemnify and hold harmless the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, or your violation of the Applicable Law or the rights (including infringement of intellectual property rights) of a third party.

RELEASE AND WAIVER

To the maximum extent permitted by Applicable Law, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co- branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of our App, its Services or Content . You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law. 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.

APPLICABLE LAW

Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Delhi will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.

TERM & TERMINATION

We reserve the right to refuse to continue providing you with access to this App if we discover that you are incompetent to contract by virtue of your age or otherwise under Applicable Law. This App is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. The Terms shall continue to form a valid and binding contract between the user and the Company, and shall continue to be in full force and effect until users continues to access and use the APP. Provided, however, certain sections of these Terms such as Disclaimer of Warranties, Limitation of Liability, Intellectual Property Rights, Applicable Law, Indemnification, Release and Waiver shall continue to remain in full force and effect indefinitely

APP SECURITY AND GRIEVANCE OFFICER

This App stores all data with the GoDaddy Cloud Platform provided by GoDaddy.com Inc which may store this data on its servers located outside of India. GoDaddy Cloud Platform has security measures in place to protect the loss, misuse and alteration of the information. These measures adopted by the GoDaddy Cloud Platformand certain additional measures adopted by us are detailed in the Manual of Data Security Practices and Procedures [INSERT LINK TO THE MANUAL]. You acknowledge you have reviewed and understood the Manual of Data Security Practices and Procedures and that these are reasonable security practices and procedures that are commensurate with the information assets being protected. You also acknowledge that the standards followed by GoDaddy Cloud Platform are not within control of the Company and are liable to change from time to time. You agree that it is in your interest to review from time to time the security standards, practices and policies adopted by the GoDaddy Cloud Platform to confirm that there are no changes that you are not comfortable with.

GoDaddy.com Inc can be contacted at the following number: Telephone: +91 40 67607600

In accordance with Information Technology Act, 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the name and contact details of the Grievance Officer are provided below:

Phoxity Entertainment Private Limited
125B Shahpur Jat, First Floor, Front Side
+91 9599042855
[email protected]
10am to 7pm

If you come across any abuse or violation of these Terms, please report to [email protected]

GENERAL TERMS

Relationship of the Parties: Notwithstanding any provision hereof, for all purposes of the Terms, you and the Company shall be and act independently and not as partner, joint venturer, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Invalidity of Specific Terms: If any provision of the Terms is found by a court of competent jurisdiction to be invalid, other provisions of such the Terms shall remain in full force and effect.

CONTACT US

For general enquires, complaints and/or giving any feedback, please email to [email protected]

In case you do not want to continue using our Services and want to deactivate your account with us, please contact is at [email protected]

If you do not agree with any provision of these Terms and wish to opt out of such provision, please write to us at th[email protected] (“Opt-out Request”). You agree that you are not entitled to use this App or the Services unless your Opt-out Request is accepted by us in writing.

THANK YOU FOR VISITING US.

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