Terms of Service

Last Modified: 2023-01-06

These terms of service (this "Agreement") is a binding contract between you ("Customer", "you" or "your") and FoxEcom (collectively, "FoxEcom, "we" or "us").

This Agreement governs your access to and use of the products and services provided by FoxEcom under this Agreement (the "Services") that are detailed on FoxEcom's website available at https://foxecom.com (the "Site").

By downloading, installing, or using the Services, you signify your assent to this Agreement.

IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

Communications

By using the Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Fees and Payment

We may offer the Services (or some of its features) on a trial-basis, free-of-charge, which may be time-limited. Beyond this trial-basis, the Services may be offered subject to your payment of applicable fees (the “Fees”), in accordance with the packages, schemes and amounts presented to you upon subscribing to the Services or at a later time (the "Plan(s)" or "Subscription(s)"). You will be billed in advance on a recurring and periodic basis (the "Billing Cycle"). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FoxEcom cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting us at happytohelp@foxecom.com

We may transform a free of charge section of the Application to a fee-based service and will seek your consent to the payment of those Fees. If you do not consent, we may terminate Your Subscription.

The Fees you pay are non-refundable. You are responsible for paying all applicable Fees whether or not you actually used or otherwise benefited from the Application.  

All Fees shall be processed via Shopify and quoted in US Dollars unless expressly stated otherwise.

Free Trial

FoxEcom may, at its sole discretion, offer a Plan with a free trial for a limited period of time (the "Free Trial").

You don't need to approve the charge before signing up for the Free Trial. You may be required to choose a Plan with a Fee after the Free Trial expired.

At any time and without notice, FoxEcom reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

FoxEcom, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will only affect Subscriptions that come into effect after the subscription change.

FoxEcom will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Refunds

FoxEcom refund policy for Subscriptions is stated and explained prior to a Subscription purchase. Additional refund requests may be considered by FoxEcom on a case-by-case basis and granted in sole discretion of FoxEcom.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.

By posting Content on or through the Services, You represent and warrant that:

  • the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in this Agreement;
  • that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
  • the Content is relevant to the Merchant and/or products being reviewed and provides value to shoppers;
  • the Content does not contain the following:
  • Illegal, copyrighted, or plagiarized content
  • Impersonated, dishonest and biased content
  • spam, sexually explicit material, hate speech, profane or offensive language
  • personal and confidential information such as full names, phone numbers, email addresses
  • cross-promotion of other products/websites, off-topic and duplicated content

We reserve the right to terminate the account of anyone found to be infringing on a copyright and/or breaching any of the representations and warranties set out above.

By posting Content on or through the Services, you agree to defend and indemnify FoxEcom, its affiliates, directors, officers, employees, and Users against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding (including regulatory proceedings) to the extent claiming that use of Licensed Content infringes or violates the third party's intellectual property or other rights including applicable privacy or data protection legislation.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Services. However, by posting or submitting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

You agree that this license includes the right for us to automatically publish the Content on the Services and otherwise make your Content available to other users of the Services, who may also use your Content subject to this Agreement. As a reviewer, you may amend or withdraw any review submitted by you by logging into your user profile.

FoxEcom has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through the Services is the property of FoxEcom or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Acceptable Use Policy

Without limiting anything else in this Agreement, you must not use (or cause or permit to be used) the Site or the Services:
  • in any way that causes, or may cause, damage to our website or the Services, or impairment of the availability or accessibility of our website or the Services;
  • in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • to post, transmit, or otherwise make available any material that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) non-compliant with applicable privacy legislation or an infringement of another person’s privacy, including without limitation by disclosing the personal data of another individual without their knowledge and consent;
  • to post, transmit, or otherwise make available, any material that may violate: a) our proprietary rights; or b) the proprietary rights of any third party, including, without limitation, copyrighted software, photographs, texts, videos or artwork or any moral rights associated therewith;
  • for any commercial purposes other than those which are expressly set out in this Agreement;
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • to conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this website without our prior express written consent;
  • to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • to engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “ screen scraping”, “database scraping”, or any other activity with the purpose of obtaining lists of users or other information (including any activity which involves accessing or using the Services for purposes which are unrelated to the Services);
  • to attempt to gain (or gain) unauthorized access to other computer systems through the Services, or to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services; or
  • in a manner that is otherwise contrary to this Agreement.
Any use of the Services which is contrary to the terms of this Agreement may result in the immediate termination of this Agreement and your use of the Services, by us.

Data Protection

FoxEcom complies with its privacy policy available at https://foxecom.com/pages/privacy-policy ("Privacy Policy"), in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (the "Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to happytohelp@foxecom.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at happytohelp@foxecom.com

Links To Other Web Sites

Our Services may contain links to third-party websites or services that are not owned or controlled by FoxEcom.

FoxEcom has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that FoxEcom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of this Agreement.

If you want to terminate your account, you may simply discontinue using the Services.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

  1. Warranty Disclaimer. The services are provided "as is" and FoxEcom specifically disclaims all warranties, whether express, implied, statutory, or otherwise. FoxEcom specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice. FoxEcom makes no warranty of any kind that the services, or any products or results of the use thereof, will meet your or any other person's or entity's requirements, operate without interruption, achieve any intended result, be compatible or work with any of your or any third party's software, system, or other services, or be secure, accurate, complete, free of harmful code, or error-free, or that any errors or defects can or will be corrected.
  2. Other Disclaimers. FoxEcom does not produce or publish contributions on the Site and cannot be held accountable for the reviews and comments made on the Site. FoxEcom accepts no responsibility for the accuracy or completeness of contributions published by registered users on the Site, including contributions of technical, external or any other cause may be changed or deleted in connection with the publication on the Site or the following. FoxEcom does not read through or edit contribution added to the Site of registered users, and can in no way be held responsible for the content of these contributions. Should the contributions contain links to third parties, FoxEcom will accept no responsibility for the contents of the link in question. FoxEcom recommendations and reference to specific companies, e-shops etc. is only guiding and FoxEcom can in no way be held responsible if the guiding recommendation turns out to be incorrect, misleading or similar. FoxEcom reserves the right to revise these terms at any time, as well as the right to close the website as a result of own assessment and without warning. If you would like to remove or discuss an issue with the Site, please email happytohelp@foxecom.com. 

Limitation Of Liability

In no event will FoxEcom be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise, for any: (a) consequential, incidental, indirect, exemplary, special, enhanced, or punitive damages; (b) increased costs, diminution in value or lost business, production, revenues, or profits; (c) loss of goodwill or reputation; (d) use, inability to use, loss, interruption, delay or recovery of any data, or breach of data or system security; or (e) cost of replacement goods or services, in each case regardless of whether FoxEcom was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable. In no event will FoxEcom's aggregate liability arising out of or related to this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, or otherwise exceed the total amounts paid to FoxEcom under this agreement in the twelve (12) month period preceding the event giving rise to the claim.

Indemnification

You agree to defend, indemnify and hold harmless FoxEcom and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of this Agreement, or c) Content posted on the Services (including without limitation any claim that such Content infringes the intellectual property rights of any other person).

Governing Law

This Agreement shall be governed and construed in accordance with the laws of Vietnam, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect. This Agreement constitutes the entire agreement between us regarding our Services, and supersedes and replaces any prior agreements we might have had between us regarding the Services.

Changes to This Agreement

We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

Service Commitment

We undertake to use reasonable endeavors to make the Services available with a monthly uptime percentage of at least 99.9% during any calendar month (the ‘Service Commitment').

The Service Commitment does not apply to any unavailability that is directly and exclusively caused by (i) factors outside of our reasonable control, including any force majeure event, (ii) your breach of this Agreement(iii) any defect in the equipment, software or other technology operated by you or any third party and/or (iv) any emergency or scheduled maintenance.

Services are monitored 24/7 and 365 days a year and we aim to respond to critical service issues within 4 hours and to provide regular updates until any issue is resolved and will commit all reasonable resources to ensure the speediest resolution to critical issues. We will aim to resolve critical bugs within 5 working days.

Contact us

If you have any questions or feedback about this Agreement or our services, please do get in touch with us at happytohelp@foxecom.com.