Terms and Conditions

Last update January 23, 2017

Who are we?

Welcome on Misterfox's website, a free plateform created by Foxintelligence. Foxintelligence is a start-up which develops free applications : Misterfox www.misterfox.co, and Cleanfox www.cleanfox.io/en. Foxintelligence's goal is, through its apps, to automatize some tasks in order to help its users save time and money : claims for late deliveries, unsubscription and deletion of newsletters and so on. Foxintelligence also publishes and sells statistics on e-commerce and Internet-related pollution based on anonymized data contained in the order confirmations (e-receipts) available in the email accounts of Cleanfox's and Misterfox's users. Foxintelligence will never share or sell any personal data to a third party. We value and respect our users' privacy and trust.

Acceptance of the Terms of Use

The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of Misterfox, including any content, functionality and services offered on or through Misterfox (the "Website"). Please read the Terms of Use carefully before you start to use the site. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice. By using this website you have agreed to abide by these Terms of Use and our Privacy Notice.

Définitions

In the present Terms of Use, the terms bellow have the following meaning :
« User(s) » : any individual having a random use of the website and therefore, having agreed to the Terms of Use.
« Claim for compensation » : any claim against an e-commerce company aiming at getting a financial compensation in accordance with the policy of the firm.
« Compensation » : total amount owed by an e-commerce company to a customer on accordance to its Policy on delay delivery.
« Website » : whole of the content, the fonctionalities and services provided by the website, which URL is « misterfox.co » (and its mobile applications).

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

General presentation of the service

Misterfox is a free service which aims at automatizating the process of claiming for compensation for users of e-commerce website who experienced late deliveries.
This service is, at the moment, being tested. It is therefore bound to be upgraded.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Company of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Terms of connexion to our site

To use our service, it is necessary to be connected to the Site. To do so, it comes upon each user to connect through their email account, whether it is Gmail™, Hotmail/Outlook™, or any other provider. Once connected through their email account, the user can use the services presented bellow.
Every user has to make sure their login and passwords remain confidential and commits to informing Misterfox if they notice that their account has been fraudulently used by a third party. Every user can, at any time, end the synchronization with our service.

Scope of our services

Misterfox is a free service which aims at automatizating the process of claiming for compensation for users of e-commerce website who experienced late deliveries.
This service is, at the moment, being tested. It is therefore bound to be upgraded.
By allowing the secure connexion to their mailbox, the user gives Misterfox the authorization to automatically search for all the e-receipts it contains, especially those related to online purchases.
If the inbox contains e-receipts from e-commerce companies (in particular Amazon), Misterfox gathers all the information concerning the orders. If a late delivery is detected, Misterfox then offers the user to claim for compensation to try and get refund for the inconvenience.

limitation on liability

In no event will the company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

Misterfox is a free service. It is subject to the technical hazards of the communication networks and to the proper functioning of the user's device.

Limitation of liabilities regarding e-commerce claims

The user acknowledges that Misterfox can only assist them in the process of claims for compensation they could be granted, especially for all the late deliveries they have experienced. Therefore the user agrees not to ask Misterfox for a compensation for a nonexistent, unfounded or not documented enough claim or for the funding of a legal action against any particular third. Misterfox reserves the right to reject a claim for compensation which would seem abusive, irrelevant or unfounded. The use by a user of the services offered by Misterfox doesn't preclude their possibility to make the claim on their own. The users therefore use the fonctionalities of the site with a complete freedom. In this regard and considering that the service is free, the right of withdrawal and refund from the French "Code de la consommation" doesn't apply.
Misterfox is only an intermediary between the user and the e-commerce company alledgedly owing them money for late delivery. As an intermediary, Misterfox cannot be held responsible for the lack of compensation experienced by the user. Indeed, only the e-commerce company involved in the claim is able to grant a refund. Thus Misterfox can't be obligated to deliver a compensation by its users. Misterox's service is provided as part of a means-driven engagement without any compensation in case malfunction disrupting the claim process.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by French and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You are permitted to use the Website for non-commercial use only. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site, except to: Store copies of such materials temporarily in RAM. Store files that are automatically cached by your Web browser for display enhancement purposes. Print a reasonable number of pages of the Website for a permitted use. You must not: Modify copies of any materials from this site. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Company Trademarks

The Company name, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners. Prohibited Uses You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from France or other countries). To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability. Additionally, you agree not to: Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website. Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Notice . By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it. Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. The company hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

The French laws will apply to any disputes arising out of or relating to these terms or the Website. All claims arising out of or relating to these terms or the Website will be litigated exclusively in the courts of Paris and you and we consent to personal jurisdiction in those courts.

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and Cleanfox with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Protection of personal data

The terms of protection of personal and non-peronal data are detailed in our Privacy Notice.

Your Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to contact@cleanfox.io.