Welcome to eFOX Solution website (the “Company Website”). This document explains the terms and conditions for using the Company Website (the “Terms & Conditions”).
By using the Company Website, you consent to be legally bound by these Terms & Conditions and any new version of such posted since your last visit, which shall be enforceable in the same way as if you had signed the Terms & Conditions. If you do not agree to these Terms & Conditions, you are not granted permission to use the Company Website and must exit immediately.
These Terms & Conditions apply to any person or entity using and/or browsing the Company Website (“User”).
Copyright © 2015-2019 eFOX. All rights reserved. The trademarks and service marks are registered and unregistered trademarks of eFOX or others. Your use of any eFOX trademarks and service marks, without the written permission of the trademark or service mark owner, is strictly prohibited. Nothing contained on the Company Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of eFOX trade names, trademarks or service marks without our express prior written consent.
By using the Company Website, you certify that you are 18 years of age or older. If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete. A user name and password will be assigned by us. You are responsible for maintaining the secrecy of your password and for activities occurring on the basis thereof.
Each User must register separately, although corporate entities may possess only one user name and password. Thus, only one registration is required for such corporate entities. You may not disclose your user name and password to non-authorized individuals within your organization or to outside third parties. You may not use another Users user name and password without their explicit authorization. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
Using Company Content & Services
Company Proprietary Rights. The Company Website may contain information, data, software (including updates), images, video clips, music, links, logos and other material (collectively, the “Content”) that are the copyright, trademark or other intellectual property of the Company, and/or its affiliates, subsidiaries, partners and/or third-party suppliers. The Content in the Company Website is copyrighted individually and as a collective work. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible.
Linking to the Company Website. If you operate a website, then you may not display the Content within a frame or border, or “deep link” or harvest Content located below the upper-most URL. You will not link to the Company Website or Content in a manner that suggests an endorsement or affiliation between the sites absent the written consent of the Company. You will remove any link to the Company Website that the Company finds objectionable promptly upon request.
Reservation of Rights; Certain Prohibitions. By offering the Company Website for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information on the Company Website, strictly subject to and in accordance with these Terms & Conditions. The Company reserves all rights, including but not limited to use of the Company Website and related intellectual property rights, not specifically granted to you. Except as specifically authorized in these Terms & Conditions, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Company Website. To the fullest extent permitted by law, you may not decompile, disassemble or otherwise reverse engineer any products and/or software obtained through the Company Website.
You agree not to: (a) use the Company Website in any manner that could disable, overburden, damage, or impair the Company Website, or interfere with any other use of the Company Website, including, any user’s ability to engage in real-time activities through the Company Website; (b) use any robot, spider or other automatic device, process or means to access the Company Website for any purpose, including to scrape, data mine, monitor or copy any of the material on the Company Website; (c) use any manual process to monitor or copy any of the material on the Company Website, or to engage in any other unauthorized purpose without the express prior written consent of the Company; (d) otherwise use any device, software or routine that interferes with the proper working of the Company Website; or (e) otherwise attempt to interfere with the proper working of the Company Website.
Third Party Links & Advertisers
Content, goods or services may be offered by affiliates, partners and/or third parties through the Company Website. These are offered as a convenience to you. The Company has no control over and does not endorse this content, goods or services. The Company is a distributor and not a re-publisher of third-party content and is an advertising channel for third-party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING CONTENT, GOODS OR SERVICES THAT YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
The Company endeavors to protect the security of personal information. It uses a variety of security technologies and procedures to try to protect personal information from unauthorized access, use, or disclosure.
Warranties & Liabilities
Warranty Disclaimer. THE COMPANY WEBSITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE COMPANY IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH OR THROUGH THE COMPANY WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THESE TERMS AND CONDITIONS, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THESE TERMS AND CONDITIONS AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN THAT CASE THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms & Conditions.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THESE TERMS AND CONDITIONS PROTECT THE OWNER OF THE COMPANY WEBSITE, THE COMPANY, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
Copyright Infringement Complaint Procedures
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please notify the Company via one of the methods identified below with a comprehensive detailed message setting forth the following information:
- a) A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed and a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- b) A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled;
c) A description of where the alleged infringing material(s) is located on the Company Website (include a URL if possible);
- d) Sufficient contact information regarding the copyright owner or agent, such as your physical address, e-mail address, website, telephone number, and fax number; and
- e) The following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
eFOX’s Copyright Agent for Notices of Infringing Materials can be reached as follows:
eFOX Solution Ltd
21B, No.10 Street
Binh Thuan, District 7
Ho Chi Minh City, Vietnam
+84-974 434 204
The Company is not responsible for any delay or failure in performance of the Company Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms & Conditions.
If you violate or exceed the scope of these Terms & Conditions or infringe any proprietary rights in connection therewith, then you agree the Company would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.
Governing Law And Forum
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN THE STATE OR FEDERAL COURTS OF PHILADELPHIA, PENNSYLVANIA, AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN.
YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE. Should you bring legal action against the Company, then you irrevocably agree that it will be brought and maintained within one (1) year after the claim arises or be barred. You further agree to compensate the Company for all costs and fees associated with any such legal action, including, without limitation, any and all attorneys fees. If the Company must enforce these Terms & Conditions, then you agree to accept electronic service at your stated e-mail address.
Technology & Data Transfer
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and by certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Company Website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the Terms & Conditions.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Company Website is governed by the European Union Data Protection Directive or nationals laws implementing that Directive, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Company Website.
Relationship Of Parties
There are no third-party beneficiaries of these Terms & Conditions. The parties are independent to one another and are not related by agency, franchise, partnership, employment, joint venture or otherwise. The Company and this Company Website are not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information.
Right To Rely On Instructions
The Company may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Company Websites automated criteria or which is believed by the Company Websites personnel to be genuine. For any password protected areas, the Company may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Company may assume the latest email addresses and registration information on file with the Company Website are accurate and current. When programmed to do so, the Company Website may take prescribed actions in the absence of receiving proper and complete contrary instructions.
Changes to Service
The Company reserves the right to modify, change or discontinue the Company Website or any feature at any time without notice. You agree that the Company is not liable to you or to any third party as a result of any such action. The Company invites Users to make suggestions for ways that the Company Website can be improved. If you make a suggestion, then you authorize the Company to use the idea and to publish your name in connection with the submission. The Company does not compensate for the use or publication of such submissions.
Pricing Information. The Company does not currently charge separate fees to use this Company Website. The Company reserves the right to change fees, surcharges or to institute new fees at any time, as provided in these Terms & Conditions.
Complaints. The Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs may be contacted by email firstname.lastname@example.org.
This document reflects the entire and exclusive agreement between the parties concerning your use of the Company Website and supersedes all other agreements in relation thereto, whether written or verbal. Customers of the Company who use the Customer Portal are subject to the additional Customer Portal Terms & Conditions governing such use. The Company reserves the right to change these Terms & Conditions at any time by posting a new version on the Company Website. Your continued use of the Company Website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the authenticity of the documents is genuinely placed in question. The Company reserves the right to assign these Terms & Conditions or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of the Company. All licenses or permissions granted to you by these Terms & Conditions are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent the Company’s written consent. Any provision of these Terms & Conditions found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Any waiver by the Company of a provision in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.