TERMS OF USE

General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.sofyx.com

This Website by the URL [www.sofyx.com] and all the Web – pages, hyperlinks, tools, and Services provided thereunder is owned and operated by [Sofyx Systems Private Limited] (hereafter referred to as “Sofyx”), a company incorporated under The Companies Act 2013 with its registered office at [B-153. Dlf The Summit, Dlf Phase 5, Gurgaon, Haryana].

Sofyx’s (“Our”, “Us”, “We”, “Website”, “Site”) Website and mobile application (“Application”) come as a medium for (“Services”).

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website or Application or agree to avail Our Services through this Website or Application, or otherwise access Our Website or Application.

These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services however accessed, as well as any and all information of whatever kind and nature appearing on the Website or Application or otherwise available through the Services. Please read these Terms of Service carefully before using the Site and/or Application; your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms of Use. By downloading and installing the Application, accessing the Site or using the Services in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Site or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to you. Each time changes are made to these Terms of Use, a revised version of these Terms of Use will be posted in the Application and Website. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

Privacy Policy

We respect the privacy of others. Any information that you provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes your consent to the collection and use of your certain information, as described in our Privacy Policy

Member Registration

Users, as may be approved by Sofyx, shall have the right to use the Service provided by Sofyx via its Website and/or Application.

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website or Application and can avail Our Services. Persons who are competent to contract would mean and include every person who, (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.

You would be required to sign up on Applications by providing certain personal details such as name, e-mail address, telephone number, basic employment details and basic information with respect to Your business. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If You provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then Sofyx may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website or Application and the Services (or any portion thereof) permanently.

When You sign up on the Website, Your personal information will be registered automatically in Our database which will be maintained and used by the Website in accordance with the Privacy Policy.

Subscription

You agree to pay an amount of INR 20,000 (INR Twenty Thousand), as subscription fees to use the Services provided through Our Website and/or Application (“Fees”). The payment of the Fee shall entitle You to avail the Services for a period of 60 (Sixty) days.

Third Party Account Information.

By using the account access service in the Website and/or Application, You authorize Sofyx and its agents to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.

While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Sofyx immediately in writing of any unauthorized use of their password or account or any other breach of security. Sofyx will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.

Usage conditions

Users agree to use the Services only for purposes that are permitted by a) the User Terms and b) any applicable laws as amended from time to time for the time being in force.

By using the Website and/or Application You agree not to:

1. authorize others to use your account;
2. assign or otherwise transfer Your account to any third person or legal entity;
3. use the Service or Website or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
4. use the Service or Website or Application to cause nuisance, annoyance or inconvenience;
5. use the Service or Website or Application with an incompatible or unauthorized device;
6. impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Website or Service or Application;
7. reverse engineer or access the Service or Website or Application in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Website or Application or copy any ideas, features, functions or graphics of the Website or Application,
8. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website or Service or Application;
9. try to harm the Service or Website or Application in any way whatsoever;
10. disclose information designated as confidential by Sofyx, without Sofyx’s prior written consent; and
11. copy or distribute the Service or Website or Application or other Sofyx content without written permission from Sofyx.

You are solely responsible for any breach of your obligations under this agreement (including financial obligations) and for the consequences (including any loss or damage which Sofyx may suffer) of any such breach.

Content

A variety of information, text, graphics, software, graphics, photos, data, video, audio-visual combinations, interactive features, and other materials You may view on, or access through the Service (“Content”) is available on the Website and Application. The Content available on the Website and Application shall be used solely for Your non-commercial use and/or to benefit from the products, Services intimated on the Website and Application. No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, You may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service. 

All rights, title and interest in and to the Service (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, are owned by Sofyx. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Application and the Service. All Content on the Website and Application is either owned or licensed to Us and is subject to copyright, trademark rights, and other intellectual property rights of the Website and Application.

Sofyx uses third-party user-generated content including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and branding, and Sofyx has no control over such third-party user-generated content as Sofyx is merely a fair user for the purposes of this Terms of Use. You may use such third-party user-generated information on the products and services purposely made available on the Website, provided that You use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information. Your use of these third party user generated content may be subject to the separate policies, terms of use, and fees of these third parties.

Sofyx owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service, Website and all the Applications. Notwithstanding any provision to the contrary herein, You agree that you have no right or title in or to any Content that appears in the Service, Website and all the Applications, including without limitation the virtual goods or currency appearing or originating in any Application game, whether earned in a game or purchased from the in-game Application.

Your License to Sofyx

You hereby grant to Sofyx an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, Your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions of the Service. You also hereby grant to Us the right to authorize others to exercise any of the rights granted to Us under these Terms of Use. You further hereby grant to Us the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to You. Except as prohibited by applicable law, You waive any rights of attribution and/or any moral rights You may have in your User Content, regardless of whether Your User Content is altered or changed in any manner. Sofyx does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit your User Content. We have no obligation to monitor or enforce your intellectual property rights in or to Your User Content.

Use of Message Boards, Chat Rooms and Other Communication Forums

This Site and Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, You agree that when using a Posts or Forum, You shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Conduct or forward surveys, contests, or chain letters. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by Sofyx, and such communications shall not be considered reviewed, screened, or approved by Sofyx. Sofyx reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.

In no event shall the Site and/or Application be held responsible for any Posts nor does Sofyx, Site or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall Sofyx be liable for any loss or damages resulting from their use and/or appearance on the Site.

By providing a Post to the Site and/or Application, you undertake, represent and warrant to Sofyx that you have all necessary rights in and to that Post and all information it contains and that no such Post shall infringe any rights, of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.

By submitting any Post, you grant Sofyx and its associated companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.

Sofyx, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that Sofyx may determine, in its sole discretion, at any time. Although Sofyx endeavors to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.

You agree that you will not use any Post and/or any part or all of our Site and/or Application to:

• collect, store and/or identify private or personal information of any user or person;
• facilitate personal attacks on other individuals or groups of people;
• upload, post or e-mail any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;
• harm children in any way including without limitation any offenses in relation to grooming children online under law;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
• stalk or otherwise harass another person or User;
• upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post or e-mail any content that infringes any intellectual property rights or other third-party rights of any party;
• upload, post or e-mail any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
• upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
• disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
• violate any applicable national or international laws or regulations.

You further agree that you may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third-party business activity.

Compatible Devices

In order to be able to view and use Content on the Service, You will need to use a personal computer, smartphone, or other device that meets the system and compatibility requirements that We establish from time to time and is otherwise capable of interacting with the Service (each such device, a “Compatible Device“). We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

This Application is available to handheld mobile devices running Apple iOS and Android OS Operating Systems. We will use reasonable efforts to make the Application available at all times. However, You acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Sofyx’s reasonable control.

Sofyx does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access Content or any other communication system failure which may result in the Application being unavailable. Sofyx will not be responsible for any support or maintenance for the Application.

System Requirements

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’). The Software Requirements are as follows: Apple iOS devices running iOS 4 or iOS 5, and Android OS devices running Android OS 2.3 onwards; Language: English. The version of the Application software may be upgraded from time to time to add support for new functions and services.

Restrictions on Use

As a condition of use, You agree to use the Services solely for lawful purposes and not to use the Services for any purpose that is prohibited by these Terms of Use. You are solely responsible for all of your activity in connection with the Services. Without derogating from your responsibility under any applicable law, and solely by way of example, you shall not (and shall not permit any third party to) either (a) take any action or (b) download, upload, submit, post, or otherwise distribute or facilitate distribution of any Content that:

• is illegal, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as We may determine in Our sole discretion;
• violates any right of publicity, or other right of any person or entity, or any law or contractual obligation;
• infringes any patent, copyright, trademark or other intellectual property rights of any person or entity;
• constitutes unauthorized or unsolicited advertising;
• involves commercial activity not expressly permitted by Us; or
• contains any harmful or malicious computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functioning of any software or hardware, or that enables to obtain unauthorized access to any system, data or other information.
• disrupts, interferes with or restricts the use of our site by other Users;
• reverse engineers, decompiles, copy or adapts any software or other code or scripts forming part of our Website;
• changes, modifies, deletes, interferes with or misuses data contained on our site and entered by or relating to any third-party user of our Website.

Right to Cancellation in case of invalid information from User.

The User expressly undertakes to provide to Sofyx only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Us.

In case Sofyx discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Sofyx in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, We shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

The User unequivocally indemnifies Sofyx of any such claim or liability and shall not hold Us responsible for any loss or damage arising out of measures taken by Us for safeguarding its own interest and that of its genuine customers. This would also include Us denying/cancelling any bookings on account of suspected fraud transactions.

Third Party Account Information.

By using the account access service in Sofyx Website and Application, the User authorizes Sofyx and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving the requested information.

While registering, the User will choose a personal identification number (“PIN”) and password and is responsible for maintaining the confidentiality of the PIN and/or password and the account.

The User is fully responsible for all activities that occur while using their PIN and/or password or account. It is the duty of the User to notify Sofyx immediately in writing of any unauthorized use of their PIN and/or password or account or any other breach of security. Sofyx will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his PIN and/or password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.

Intellectual Property Rights

This Website and its mobile Applications are owned by [Sofyx Systems Private Limited]. All rights to, title and interest in the Content available on/ via the Website and Application, the Website’s and Application’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Website and Application, and the Website and Application URLs, are the property of [Sofyx Systems Private Limited] or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

The Website and its mobile Applications and the Content are protected by copyright laws and belong to Us or its partners, affiliates or contributors. The copyrights in the Content are owned by Us or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.

We respect the intellectual property rights of others and expect you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to Us. We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a User’s account if the User is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Website is: [email protected]

Disclaimer of Warranties

The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties, either express or implied, including without limitation, warranties of merchantability, and fitness for a particular purpose, non-infringement, and quality of Service. We make no warranty that the Service will meet your expectations, be free from viruses, or that data and content obtained through the service will be accurate, reliable or current, or that the service will be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that the use of the Service is at your own discretion and sole risk and that the entire risk as to the results and performance of the Service, including, without limitation, any damages to your computer
system, tablet, mobile device or data stored on it, is solely Yours.

Survey

User may participate in a survey, questionnaire etc. (“Survey”) organized by Us. User acknowledges and agrees that the contents of Survey are the property of Sofyx and User is restricted to utilize the contents of such Survey for any other purpose outside the scope it is originally established for. User acknowledges and agrees Sofyx uses the Survey for its internal uses and improving the User’s experience of the Application and/or Website.  

Promotional Scheme

The promotion and/or scheme provided by Us to the User may be subject to additional terms and conditions and shall be made available to the User along with any such promotion and/or scheme of Sofyx. Any and/ or all the schemes initiated by Us cannot be combined with any other scheme. You agree that Promotional Scheme: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Us; (iii) may be disabled by Us at any time for any reason without liability to Sofyx; (iv)  may be subject to addition, subject or any other modification on Our sole discretion.     

Events

In these terms of use “event” is used to refer to all events, workshops, and conferences offered by Us or any third party appointed by Us. You are responsible for your own physical, mental, emotional and sexual well-being and safety during the event. User acknowledges and agrees that the events are organized on Our sole discretion and are subject to be modified solely by Sofyx. Further, User acknowledges and agrees that any such event organized by Us or any third party appointed by Us are subject to terms and conditions as decided by Sofyx.

 Loyalty Program

• You as a User, shall be entitled to participate in Sofyx’s Loyalty program (“Loyalty Program”), on the Application and/or Website. Sofyx may, in its sole-discretion may run a Loyalty Program through Sofyx and/or through its retailer partners.

• You shall be entitled to receive prizes, which may include scratch coupons, accessories, etc. (“Prize”) through the Loyalty Program.

• Your eligibility to receive the Prizes shall be basis the total spend at a Sofyx partner store, Sofyx generated promotional codes or basis such other and/or additional criterions as Sofyx may determine, in its sole discretion, from time to time.

• You shall be entitled to claim only 1 (One) for every transaction and shall not be entitled to club Prizes, to the extent applicable.

• The Loyalty Program may use images for visual representation of the Prizes and you acknowledge that any such images shall only for visual and/or indicative purposes only, and the actual Prizes may vary.

• Sofyx may in its sole-discretion, add, modify and remove any and/or all Prizes without any prior information to You. Sofyx may in its sole discretion add, modify or remove any Loyalty Program(s).

• You acknowledge and accept that Loyalty Program(s) is a program organized and operated by Sofyx solely, and Apple Inc. and/or its affiliate entities exercise no control over the functioning of the Scratch and Win Program, and You agree to not hold Apple Inc. and/or its affiliate entities liable for any losses that may be caused due to your participation in the Loyalty Program.

 Sofyx reserves the right to withdraw Loyalty program at any time and/or modify the terms and conditions for the program, without any prior intimation to You. In case Sofyx withdraws Loyalty program, the loyalty points accumulated in Your account shall lapse and You will be unable to utilize it.

Sofyx Points

We may extend program driven bonus credit (“Points”) to certain active User and/ or groups of User, basis the activity of the User on the Application and/or Website. User acknowledges and accepts that this is only a means of a credit to be made available and exercised through the Application or Website, that can be redeemed by the User towards the gifts, offerings available via Application and/ or Website, which may be subject to additional terms and conditions, as may be communicated to You. Further, User acknowledges that the Points so earned are non-transferable, has no cash value and cannot be redeemed for goods or services outside of the Sofyx Application. The User is directly responsible to pay for any amount exceeding the applicable redemption value of the Points. All unused Points will expire and be unavailable after the end of every such cycle of Points or as may be brought down by Us.

• You represent that you are at least 18 years of age. You further represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Additionally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity.
  
  
• Sofyx Points will be earned as reflected under the ” How to Collect?” section of the program.
  
  
• Sofyx during the life of the program, from time to time, may at its sole discretion, launch bonus points in addition to what is showcased under “How to collect?” through a particular action/activity on Sofyx app.
  
  
• “Sofyx Point(s)” is the unit currency of the program. Sofyx Members are awarded Sofyx Points for completing activities within the Sofyx App.
  
  
• Sofyx Rewards will be awarded at the end of the program and cannot be redeemed in cash or any other form. Redeemed Rewards are not exchangeable for other rewards or refundable by Sofyx.
  
  
• Sofyx may send alerts or promotional messages to the registered mobile phone number or email ID provided by You while onboarding at the Sofyx App or on any contact information subsequently provided by You to Sofyx or via e-mail or social campaign or push notifications.
  
  
• There will be no accrual of Sofyx Points and all points on the expiry of the program shall lapse.
  
  
• Sofyx Points shall be credited to Sofyx Member’s account within 15 minutes of engagement on the app.
  
  
• Sofyx Points from a Sofyx Member’s account cannot be pooled or combined with the Sofyx Points of another Sofyx Member’s account, except in the case of using transfer points functionality available within the app.
  
  
• Apple is not involved in any way with the contest or sweepstakes.
  
  
• Sofyx has the right to change the program and its formulation during the term of the program.
  
  
• Sofyx reserves the right to refuse to process any rewards or terminate the member if seen there is a breach of any agreement by such Sofyx Member.
  
  
• Sofyx reserves the right to change or rescind the offer/program at any time and on its sole
  
  
• User/participant can be disqualified from the program if Sofyx management feels that a user is unfairly collecting Sofyx Points or the content posted or commented upon is legally or ethically incorrect, irrelevant or repetitive in nature. All rights to disqualify a participant lie exclusively with the Sofyx management.
  
  
• All decisions made by Sofyx and its management is final and binding.
  
  
• Sofyx and its management take no liability or responsibility of the fulfillment and redemption of the gift vouchers given by giftsonair. All liabilities lie solely with giftsonair.
  
  
• Sofyx shall use commercially reasonable efforts to make the program available 24 hours a day, 7 days a week till the end of its term, except for: (i) planned downtime and (ii) any unavailability caused by circumstances beyond our reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labour problem, Internet service provider failure or delay, or denial of service attack.
  
  

Limitation of Liability

You acknowledge and agree that in no event will We (including, without limitation, our affiliates and their respective officers, directors, employees and agents) be liable for any direct, indirect, special, punitive, incidental or consequential damages or losses (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information, and the like) arising out of your use of or inability to use the service, or improper use of the Service, even if you have been advised of the possibility thereof and regardless of the form of action, whether in contract, tort, or otherwise. You further acknowledge and agree that we may change the Service in whole or in part in its sole discretion without notice to you and without any liability to you whatsoever in connection therewith.

Governing law

These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law.

Disputes

Any action arising out of or relating to these Terms of Use or Your use of the Services must be commenced in the local or high courts located in New Delhi (and You consent to the jurisdiction of those courts).

Interpretation

Headings are for convenience only and shall not be used to construe the terms of these Terms of Use. If any term of this Terms of Use is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms of Use. No failure or delay by Us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.

Waiver

Any failure on Our part to exercise any provision or right under these Terms of Use, shall not constitute a waiver by Us of that provision or right.

Indemnity

You agree to indemnify, defend and hold harmless Sofyx and its affiliates, agents, respective employees, directors, officers, agents, managers, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred, that arise out of or otherwise relating to Your use of the Website and Application, including without limitation any obligation to be performed by You pursuant to these Terms of Use. Further, You agree to hold Sofyx harmless against any claims made by any third party due to, or arising out of or otherwise relating to Your use of the Website or Application, any claim arising out of damage caused to third party by You, breach of these Terms of Use by You, or Your violation of any rights of another, including any intellectual property rights. Further, You agree to hold Sofyx harmless against any claims made by any third party due to legal suits regarding the originality, copyright issues, Your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use.

Notwithstanding anything to the contrary, Our entire liability towards You under these Terms of Use or otherwise shall only be in connection with refund of the money charged from You for any particular product or service, under which the unlikely liability arises.

Contact Information

If You have any questions or concerns with respect to this Terms of Use or the Website or Application or any information contained on thereon or You come across any activity on the Website and/or Application that breaches any provisions of this Terms of Use, You may contact Us by writing to Us at [email protected]

These Terms of Use supersede any previous versions.