This Agreement is made, entered into and executed at Mudkhed, Maharashtra, India on Current Date (hereinafter referred to as the “23/10/2017”)
Coupondunia Web Services Pvt. Ltd. (hereinafter referred to as “Foxregistry“) AND you (hereinafter referred to as “Member”). If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the term “Member” shall refer to such entity.
WHEREAS the Foxregistry provides a platform for sale and purchase of Apps, Domains, Website and other related products and services;
AND WHEREAS the Member wishes to make use of Foxregistry online Services;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Foxregistry and the Member, intending to be legally bound, hereby agree as follows:
- Basic Terms
(b) “Addressee” means a person who is intended by the originator to receive the electronic mail but does not include any intermediary;
(c) “Content” means all information, data, text, sound, pictures, graphics, video, messages, advertisements, or other materials hosted on Foxregistry website;
(d) “Basic Services” means the free services available which allows up to limited number of listings to sellers of Domain or App or a website upon Foxregistry website;
(e) “Current Date” means the date on which any services are hired or availed at Foxregistry by the Member including the date which in some cases may have been recorded in our database either at the time of registration or on the date of the transaction;
(f) “Foxregistry“, “we”, “us” and “our” refer to the website www.Foxregistry.com;
(g) “Guest” refers to a normal visitor, who has not yet registered at the website;
(h) “Information” includes data, message, text, images, sound, voice, codes, computer programs, software and databases or microfilm or computer generated micro fiche;
(i) “Premium Features/Services” means the access to any paid service as and when they get introduced;
(j) “Registered User/Member” means a user who is registered at the website;
(k) “Registration data” refers to the information to be provided in the registration form, which includes your Name, Email, Contact No, etc;
(l) “Sensitive Information” or personal data of a person means such personal information which consists of information relating to password, financial information, etc as defined under Information Technology Act and Rules thereunder;
(m) “Site”, “Website” and Foxregistry refers to the website www.Foxregistry.com;
(o) “User”, “you” and “your” refer to the individual or entity who uses the Foxregistry services at Foxregistry;
(p) “We”, “us” and “our” refer to the management/owners at Foxregistry.com;
Other terms would have meaning as defined under Information Technology Act, 2000 and rules made thereunder or otherwise as per the dictionary meaning.
In order to make use of the Foxregistry.com website completely, you must be a registered member of the Site. You agree that, by the actual use of the Foxregistry services at any point either as a Guest and/or by completing the account registration process and clicking the “Submit” button, you will be bound by the following User Agreement. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Further,
- a) Foxregistry services owned and operated by Coupondunia Web Services Pvt. Ltd, Maharashtra is provided to you under the terms and conditions of this User Agreement and any other operating rules or policies that may be published by us on the website from time to time.
- b) All the terms set here are presented in English language and it is the sole responsibility of user to understand these terms accurately in the language he understands. You must read, understand and agree with and accept all of the terms and conditions contained in these Terms, which include those terms and conditions expressly set out below and those incorporated by reference, before you use services or register at this website.
- c) We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a registered user at this site.
- d) We reserve the right to modify the User Agreement at anytime by posting a new agreement on our site, you should always review them prior to using the Site. In case, any modification to the agreement is unacceptable to you, your only recourse will be to terminate this agreement. In case you continue to access any of our services after that time you will be deemed to have accepted any change.
- Foxregistry Services
Foxregistry acts as a platform where Buyers and Sellers meet and enter into agreements. We are not involved in the actual transaction between Buyers and Sellers. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. Kindly read disclaimer for further information. The features are as follows and additional information has been provided upon the appropriate sections of the website, wherever applicable:
The services provided by Foxregistry are available to you as a buyer or seller, which helps connect you with hundreds of other Buyers/Sellers or vice versa. Basically, there are three modes for trade – Buy, Sell and Store.
- a) Buy feature: You can Offer / Buy It Now directly.
- b) Sell feature: You can List Your Domains and Websites.
- c) Store feature: Your own branded portfolio page will be created, wherein you can list your Domains and Websites.
Note: For Listing, Listed On your Branded Portfolio show as well on Site you need to select both (site and store).
The main features are as follows:
- Buyer and Seller can create free account on the website.
- Seller can list the Domain, Website, etc either as a Product.
- Member can provide further detail under Member’s Area and become a verified user.
- Offer received on listed products will be forwarded to the Seller.
- Buyer need to do due diligence as to the products listed and the Seller at their end also.
The basic services are available for free to you as a Buyer or Seller for the time being. But listing fees and commission are applicable as provided under clause 5. But Foxregistry does not guarantee that any of the above services would be free for all times or the applicable fees will remain unchanged.
- Service Level Agreement
During the Term of the applicable Foxregistry Agreement, the Foxregistry Services will be operational and available to you as a member at least 99.5% of the time in any calendar year in normal circumstances. And in case of any downtime or website access issues, you should email customer care at support@Foxregistry.com. Further, though we try best to provide the best possible uptime but in case of extreme circumstances, downtime beyond this SLA may happen, which may or may not control. But for any such downtime, you agree that Foxregistry cannot be held responsible.
- Pricing & Refund Policy
The services are free for the Sellers to do basic listing, but the following charges are applicable on special listing:
- Category Pages Featuring :- $9
- Home Page Featuring :- $15
- Listing Setup :- $5
- Commission on every successful sale will be 9% of the listed sale price.
The payment may be collected through secured Escrow, information of which would be available over the website as and when they are approved by respective Payment Gateway provider.
The amount once paid is not refundable in any circumstance. But if you still have the proper grounds, you can email to the customer care at support@Foxregistry.com with proper details.
- Retention & Backup Policy
The user data and logs would be retained as a backup in Foxregistry server for atleast 1 (one) years from the date of its creation. And otherwise also, we may retain such information in our systems but for a limited period, which may help not only in complying with the laws of India but also to make sure that we maintain enough backup of user accounts, which may either be required to be restored to the website server in unforeseen circumstances or to make available the information to the enforcement agencies, in case of any specific requests received in accordance with the law of the land.
In case of any technical difficulty in the system, we will have backup available with us to restore the Data to the main Server. But in case of exceptional circumstances, it cannot be assured that we will always have at all times backup available with us. Further, you as a Foxregistry user agree that in no case, Foxregistry can be held responsible for loss of data in any circumstances.
- User’s Account
- User Eligibility
- a) To be able to use any services offered by Foxregistry, you need to be of competent age as per the laws of your country, i.e. competent to contract.
- b) Further you confirm that any court, tribunal or any adept authority does not prohibit or impose any kind of restriction/conditions/order to enter this agreement or online services of nature and function similar to ours.
- c) You also confirm that your are not violating any applicable law by entering this agreement. We reserve the right to terminate your services and refuse to provide access to the Site in case of any such violation.
- Account Obligations
As a registered user you are responsible for maintaining the confidentiality of your registered Account Username and Password maintained at Foxregistry and for restricting access to your computer, and you agree to accept responsibility for all activities that occur due to your use or under your account or Password.
Further, you agree:
- a) To provide true, accurate, current and complete Registration Data about yourself in the registration form at Foxregistry.com and regularly maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
- b) To use the Foxregistry services only for the purpose that are permitted by the aforesaid Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.
- c) To acknowledge that we at our sole discretion and at any time, may set limitations on the number of transmission you may send or receive through the Services or on the amount of storage space that can be used for the provision of this Service and as a result some features may be blocked or information deleted.
- d) That you will be solely responsible for any breach of your obligations under the terms and for the consequence of any such breach, including any loss or damage, which Foxregistry may suffer as a result and that we cannot be held responsible to you or to any third party.
- f) That your Foxregistry account and the activity under it are subject to review from time to time by the webmaster. On the basis of the webmaster’s report, your account may be blocked or may become subject of deletion if found to be transmitting objectionable, obscene or offensive material or links to the same or otherwise found to be indulging in violation of the Code of Conduct, without any prior notice to you.
- g) That if your Foxregistry account is blocked in any circumstances including as provided under the terms, you may be prevented from accessing all the services available under this website. Further, you agree that you may not try to register under an anonymous name to get access to the site otherwise for any purpose whatsoever.
- h) That in case you do not login to your Foxregistry Account for a continuous period of 6 (six) months, Foxregistry reserves the right to remove and delete such inactive accounts. And such ID would be freely made available for registration by any other user.
You must promptly notify Foxregistry of any breach of security related to the Services, including but not limited to unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
- Code of Conduct
- a) That you would not to host, display, upload, modify, publish, transmit, update or share any information that —
i belongs to another person and to which the user does not have any right to, unless you have written consent from the owner of the copyrighted material;
ii is grossly harmful, harassing, blasphemous defamatory, obscene, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
iii harm minors in any way;
iv infringes any patent, trademark, copyright or other proprietary rights;
v violates any law for the time being in force;
vi deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii impersonate another person;
viii contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
ix threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
x is false, defamatory or libelous, inaccurate, abusive, vulgar, bigotry, hateful, harassing, offensive, obscene, profane, threatening, promoting racism, promoting illegal activities, promoting physical harm of any kind against any group or individual, invasive of a person’s privacy, adult material including pronography, or otherwise in violation of any Indian or International Laws.
- b) That you as a member will not list any domain names and website, which are either restricted or prohibited according to the applicable law of the land, for example, a website or even a domain name, which may be dealing with some terrorist organizations or any other purpose against the law or the security & integrity of any nation.
Further, you declare that you are the rightful owner of the Domain Name, Website, or have written authority in your favor by the rightful owner and wherever applicable, also possess necessary permission/licence as to the virtual property. Kindly email at support@Foxregistry.com in case of any clarifications but anything listed without proper authority/permission/licence would be dealt with strictly and you would be liable to compensate Foxregistry for any loss incurred as a result.
- c) That you will not indulge in any kind of shill bidding or persuade, directly or indirectly, anyone to do so, for the purpose of manipulating the amount under bid.
- d) That you will not use the Foxregistry website for any kind of promotion or spam or chain letters, unsolicited messages or any other related activity through the use of Foxregistry services.
- e) That you will not develop or use any automated processes or any kind of scripts to view content on or communicate with the Foxregistry site or its users in any way.
- f) That you agree to not (and permit anyone else to) copy, modify or extract the source code of the service or any part thereof. You further agree that you may not indulge in any kind of process, which may be termed as work of Reverse Engineer unless this is expressly permitted or required by law or unless you have been specifically told that you may do so by us, in writing.
- g) That you will not use the Service to distribute or upload any virus, trojan horses or do anything else that might cause harm to the Service, our systems or to other users’ systems in any way.
- h) That you will not indulge in any act of data mining in a bid to find any information of the registered users at Foxregistry and will not solicit passwords or personal identifying information for any purposes from other users or try to crack the password of other users, which would be termed as hacking attempt.
- i) That you agree that you will not engage in any activity that interferes with or disrupts the Foxregistry Services (or the servers and networks, which are connected to the Services).
- Abuse Policy
The Services provided to the User by Foxregistry may only be used for lawful purposes. That is, when you sign up for Foxregistry, you agree not to use the account to send spam, distribute viruses, or otherwise abuse the service, which is provided above as above.
Otherwise also transmission, storage, distribution or presentation of any Content in violation of any and all applicable laws is prohibited. In case any violation of either terms or Law of the land is discovered, we may suspend the account and immediately initiate an investigation either internally or through any Government Agency, depending upon the circumstances of the case.
You agree to grant the rights to us to reveal your identity (or any other related information collected on this service) if required by law or in case of any legal action or complaint arising from any situation caused by your use of this site. In exercising this right, we may ask you to provide any documentary or other form of evidence supporting the Content you have stored/transmitted through Foxregistry. If you fail to produce such evidence, we may, in our sole discretion, block/terminate your access without notice.
Foxregistry may also randomly monitor the user accounts. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner and may also help to detect any violations as stated above.
- b) You further agree that we, in our sole discretion, may terminate your Foxregistry account or password or use of any or all of the services, for any legal reason or complexities, including, without limitation, for improper use of any service or if we believe that you are not eligible to become a registered user. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.
- c) Further, at the time of registration at Foxregistry, if you provide any information that is untrue, inaccurate, not current or incomplete or we have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. We have the right to indefinitely suspend or terminate your access and refuse to provide you with access to the Website.
- d) Furthermore, you agree that Foxregistry shall not be liable to you or any third-party for any termination of your access to the Service in any of the above circumstances. Also, in case Foxregistry need to cease any specific service or rights to a specific Domain Name due to legal complexities.
- e) You may terminate your service at any point with or without cause by writing to us at support@Foxregistry.com.
- Monitoring and Support
To ensure users receive the highest possible level of service, Foxregistry may randomly monitor the Foxregistry services. Any such monitoring is done for evaluation purposes by supervisors and all the information is kept confidential. This is solely done to guarantee the highest level of service and to ensure accurate information is provided in a professional manner.
In case of any Grievance with respect of any Foxregistry services, you can contact the grievance officer, whose details have been published over Contact Page for proper resolution.
You can obtain assistance with any technical difficulty that may arise in connection with user’s utilization of the Foxregistry Services by requesting assistance via email to support@Foxregistry.com. We reserve the right to establish limitations on the extent of such support, and the hours at which it is available.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Foxregistry Services and users shall be responsible for all charges related thereto.
- Legal Statements
- Copyright and Trademarks:-
- a) Unless otherwise stated, all intellectual property rights including Trademarks, Logos and Copyrights in all material presented on the Foxregistry site are the property of Foxregistry, its affiliates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
- b) Without limiting the foregoing, copying or reproduction, for redistribution or other purpose, of the web site or any part thereof to any other server or location, including caching of any kind is expressly prohibited.
- c) Unless you have been specifically permitted to do so or have a separate agreement with us in writing, you agree that you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
- Linking to the Web Site
You may provide links only to the Foxregistry.com homepage, provided:
- a) You do not remove or obscure, by framing or otherwise, any portion of the homepage;
- b) You give Provider notice of such link by sending an Email to Foxregistry and you discontinue providing links to this Web Site if requested by Provider.
- Governing Laws
- b) If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of the User Agreement remain in full force and effect.
- c) Users agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
- d) The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
- Third Party Legal Actions
It is Foxregistry policy to respond with reasonable promptness to subpoenas and other legal process served on us that seek information, documents or other business records. Third parties wishing to serve such process may do so in writing to the following address:
Coupondunia Web Services Pvt. Ltd
Plot No 1-5-43, Shivaji Nagar,
Mudkhed – 431806 (INDIA)
Foxregistry will evaluate each such request based upon the applicable law and facts.
- Electronic Communications
When you visit the Foxregistry.com, register or send online messages to us, you are communicating with us electronically. You consent to receive communications from Foxregistry electronically. We will communicate with you by email or by posting notices on the Foxregistry Site. You agree that all agreements, notices, disclosures and other communications that Foxregistry provide to you electronically satisfy any legal requirement that such communications be in writing.
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, or access to the Service.
- Entire Agreement
These User Agreement constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The Agreement shall be governed by the Laws of India.
Generally, Foxregistry acts as a platform where Buyers and Sellers can enter into agreement to buy/sell website, domain or an App. As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.
Foxregistry do not provide any endorsement for you or your services, you acknowledge and agree that we do not provide the services and we are not in any way responsible for assisting you in any manner with your provision of the services. Foxregistry cannot and will not guarantee the ability of members to complete payment for any of the provided services. Foxregistry does not prequalify or validate the claims of Seller. Foxregistry and it’s website function solely as a neutral venue and digital marketplace where two parties may enter into a transaction on mutually agreed terms, after some due diligence at your end.
Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and will not in any manner verify or confirm the identity or ability of members to pay for the provided services. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by Foxregistry and are specifically and solely between you and the other member. Because we are not involved in the actual transaction between the Buyer and the Seller !.
- Risk Factors
- a) Foxregistry assumes no responsibility or liability from any loss incurred by the use of any services rendered through it. Users using the services are solely responsible for their actions. As we do not warrant the accuracy, completeness, or usefulness of any information presented therein. User expressly agrees that use of the service is at user’s sole risk.
- b) Foxregistry shall be not responsible or liable for the authenticity, accuracy, completeness, errors, omission, typographic errors, disruption, delay in operation or transmission, communications line failure, interruption or malfunction (including but not limited to any kind of technical aspects), deletion, defect of any information, reports, service stops functioning due to technical problems, certain features not functioning at any point in the web site or any part thereof.
Further, you agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at user’s own discretion and risk and that user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of such material and/or data.
- c) Foxregistry is not liable for any result that may arise from your contact, communication in any form, coordination, relation or transaction; either with members, advertisers, other websites or any resources that may be hyperlinked or any third party, and you are liable for any contract/term that may or shall be established by you, with these third parties, members, advertisers, other websites or resources that may be hyperlinked in the web site or any part thereof.
- d) Foxregistry has no control over other website or resources which are provided by registered users or other persons and is not liable for any loss or damage which may be incurred by you or by your use of service to any third party as a result of the availability of any information contained on site or external sites or resources or any advertisement or hyperlinks, etc. in the web site or any part thereof.
- Disclaimer of warranties
The service is provided on an “as is” and “as available” basis. Foxregistry expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Further:
- we make no warranty on any results obtained by the use of the service.
- we make no warranty on accuracy or reliability of any information obtained by the use of service.
- we make no warranty that the service will meet your requirements.
- we make no warranty on any technical defects in the website will be corrected.
- we make no warranty that the service will be persistent, timely, secure, error free.
- we are neither responsible nor liable for any result that arises due to the use of service by any user or content posted or transmitted through the site by any user.
- we do not assume any responsibility or liability for any illegal communication or Content posted or transmitted on the Site by any User, or any third party.
All liability, whether civil or criminal arising out of any Content that is Stored or transmitted through Foxregistry (including but not limited to messages / communication of electronic or any other means) will be of that User who has Posted such Content or communicated / transmitted such content or information. We reserve the right to claim damages from such Users, which we may suffer as a result of such storage or transmission.
If you are in Do Not Disturb (DND) subscriber list with any telecom operator / authority / organization you need to intimate us. Further, you agree that you have no objection in receiving any messages by any means. On registration, company reserves the right to validate the registration information provided by either party over the telephone.
Foxregistry is not liable to any third party if it receives any kind of message / information (under any circumstances) by any user using the service; even if you are in Do Not Disturb (DND) subscriber list, the sender / user is solely responsible and liable for the delivery of message / information which is generated by him.
- Limitation of Liability
You expressly understand and agree that Foxregistry, its subsidiaries and affiliates, shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from, arising out of or any way related to:
- the use or the inability to use the service;
- any data, information, or services availed or messages received or transactions entered into through or from the service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the services;
- any other matter relating to the service;
You agree to indemnify and hold Foxregistry and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third party due to or arising out of your breach of the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.