YOX – Terms of Service

If you do not wish to accept the new Terms you should not continue to use our Platform. If you continue to use our Platform after the date on which the change comes into effect, your use of our Platform indicates your agreement to be bound by the new Terms.

We may update these Terms from time to time. Any changes will be notified via a suitable announcement on our Platform. The changes will apply to your use of our Platform after we have given notice.

By agreeing to these Terms, you also agree to our Privacy Policy which sets out what data we collect from you and when, and how this data is subsequently handled by us. The Privacy Policy forms part of these Terms.

1. you are legally entitled to own the device you are using to access the Platform and if you pay for Virtual Items (whether as a purchase or licence or otherwise), you are legally entitled to make such purchases using the payment functionality the Platform provides;

2. you are not located in a country that is:

   1. subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; and
   2. you are not listed on any US Government list of prohibited or restricted parties;
3. the information you provide to us is true and accurate and you will update such information when necessary;
4. you have not previously been banned or blocked from using our Platform or any third-party platform (including Apple’s App Store and the Google Play store);
5. if you are downloading or purchasing the app from Apple’s App Store or the Google Play store you must have an Apple account or a Google account, as appropriate; and

6. you will not:

   1. copy, licence, sell, trade, alter, create derivative works or otherwise deal with any Virtual Items other than as specifically authorised and allowed on the Platform;
   2. use any Virtual Items for any illegal activities;
   3. use any bot, robot, spider or other automatic crawling device (or any manual process) to monitor or copy any Virtual Item;
   4. use any Virtual Items to disseminate any information or materials that are obscene, violent, threatening, libellous, discriminatory or otherwise, in YOX’s opinion, offensive;

If you have an account on the Platform you are deemed to accept these Terms. You acknowledge that these Terms:

1. apply from the date on which you first create such an account;
2. apply to your use of Virtual Items (including any trading of such Virtual Items on the Platform); and
3. form a legally binding contract between you and YOX.

Other terms and conditions also apply to your use of the Platform and Virtual Items, depending on how you access them. For example, if you access our Platform through Facebook using its ‘Facebook Connect’ functionality, Facebook’s terms of service may apply and, as noted above, when you access our Platform these Terms and Privacy Policy apply. From time to time we, or one of our business partners or a third party, may operate a competition or promotion that is subject to additional further terms. The terms of other platforms may also apply to you. Each of these are “Special Terms”. If there is any conflict between these Terms and the Special Terms, the Special Terms shall prevail.

In consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, revocable licence permitting you to:

1. download or access for your personal, non-commercial purposes on suitable products and devices the Virtual Items, or fractions thereof, you have purchased; and
2. sell such Virtual Items solely within the Platform to other users of the Platform, for which you will earn [real world currency and/or virtual currency that is usable solely within the Platform].

YOX owns (or has a licence to use) all intellectual property in the Platform and Virtual Items. By using our Platform under licence you acknowledge and agree that you do not acquire any intellectual property in the Platform or Virtual Items.

YOX uses its reasonable endeavours to clear all content included on the Platform. However, if you feel that, in your position as a rightsholder, we haven’t done so, please contact us at hello@yox.club. If appropriate, we will be happy to credit you accordingly.

Our Platform may offer a chat facility where you can communicate with other users of the Platform. By using the chat facility you agree to the provisions of this paragraph:

1. whilst our moderators can review messages and will attempt to keep all unsuitable communications off this facility, it is impossible for us to review all messages – messages express the views of the persons who sent them and such persons will be held responsible for the content of such messages;
2. we reserve the right to remove, edit, move or close any of your messages for any reason and we reserve the right to cancel or suspend your use of the chat facility at any time for any reason; and.

3. messages sent using the chat facility are also subject to the following restrictions. Messages shall not:

   1. be vulgar, sexual, violent, threatening, harassing, defamatory, hurtful or in any other way objectionable or inappropriate;
   2. promote or discuss any illegal activities;
   3. harass, degrade, intimidate or be hateful towards any individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
   4. relate to any commercial services, goods or event nor constitute any form of advertising or solicitation (including any form of spamming);
   5. infringe any third parties’ intellectual property rights, including any copyright or trade marks or misuse confidential information – for example by providing quotes from texts, photos or any other music or video files; or
   6. impersonate any other person or entity, misrepresent an association with a business or organisation (including YOX and any third platform providers) or otherwise be deceptive or misleading.

Virtual Items can be ‘purchased’ or ‘earned’ on our Platform. YOX may make available the following Virtual Items:

1. ‘virtual currency’ being virtual currency (whether in the form of virtual tokens, coins, cash, points, bonuses or otherwise) that can be earnt or purchased to purchase ‘virtual goods on the Platform’;
2. ‘virtual goods’ being virtual ‘assets’ which are a digital representation of a real word good that is owned by YOX, and for which users of the Platform can purchase digital fractions of such virtual goods.

If you purchase or earn Virtual Items your use of them is subject to the following licence together with any third-party platform specific terms:

1. Virtual Items are not redeemable or refundable. Once you have purchased or earned Virtual Items you will not get the ‘real’ money you paid back as Virtual Items have no monetary value;
2. Virtual Items are tradeable by you solely within the Platform;
3. your right to use Virtual Items ends as a result of YOX, or any third-party platform provider (including Apple and Google) or any online wallet provider having to suspend or close your account with them pursuant to these Terms or pursuant to any relevant terms of such platforms or wallets;

4. from time to time YOX may offer you Virtual Items which are subject to specific terms. For example:

   1. YOX may put in place offers to purchase Virtual Items at a discount;
   2. put in place a limited time period in which any Virtual Items may be purchased or earnt; or
   3. put in place specific specified or unspecified conditions relating to when such Virtual Items may be purchased or earnt. YOX may also sell access to restricted and sometimes time limited promotions either temporarily or permanently. Thus, in certain instances Virtual Items may only be available for a limited time or subject to specific conditions and you shall comply with and adhere to such conditions accordingly;
5. you are responsible for your use of Virtual Items within the Platform and we have no responsibility or liability to you regarding how you use such Virtual Items;
6. in order to avoid retaining data that is no longer needed and to be able to improve our Platform, your licence to use Virtual Items may expire if your account is inactive; and
7. YOX may, from time to time, decide or be required to stop providing a Virtual Item and/or any part of it. If such an event occurs YOX shall provide you with as much advance notice as is commercially possible in the circumstances informing you that it will no longer be able to provide the Virtual Item and/or any part of it. In certain circumstances (for example for legal or regulatory reasons) YOX may have to stop providing a Virtual Item with no advance notice and, in such circumstances, YOX shall be under no obligation to provide you with a refund although it may choose to provide such refund in its sole discretion.

YOX uses its reasonable endeavours to ensure that errors and mistakes do not occur in the Platform in relation to pricing and your purchase and use of the Virtual Items. However:

1. YOX reserves the right to void any such obvious error or mistake however it arises or results including, for example, errors or mistakes due to human error or technical fault resulting in, for example, the cost of a virtual good or virtual currency being mispriced giving you an opportunity to profiteer from such mispricing. You hereby forfeit any Virtual Items you obtain as a result of such an error or mistake; and

2. if the price or specification for any Virtual Item is materially incorrect when you place an order for that Virtual Item and you contact YOX to inform it of this incorrect information, we will:

   1. provide you with the correct Price or specification; and
   2. ask you to confirm whether you would like to purchase the applicable Virtual Item at the correct Price or specification. If applicable, YOX will also state the period for which the offer or Price remains valid. If you choose not to complete your purchase at the corrected Price or product specification, YOX will provide you with a full refund for any amounts already paid by you; and YOX reserves the right to edit Virtual Items at any time for any reason, including, for example, to correct inaccuracies or to update or modify the features, characteristics, colours or other aspects of such Virtual Items.

YOX may cancel a payment and make a chargeback to you, including any transaction fees incurred with payment providers, if it has reason to believe:

1. any purchase is incomplete; or
2. any purchase is made, or YOX suspects it is made, fraudulently or in an otherwise non-bona fide manner.

If you purchase Virtual Items, then you have the right to withdraw from your purchase within 14 days, commencing on the day after the date of your purchase (a “Cooling-Off Period”). However, please note that if you purchase Virtual Items from YOX and choose to download the Virtual Items immediately, the Cooling-Off Period ends once the download of any Virtual Items is complete, due to the nature of these goods.

This means that if you download the Virtual Items straightaway you acknowledge that you will therefore no longer have the right to cancel them.

If you would like to exercise your rights under the cooling off period please send an email to hello@yox.club and the Virtual Item will be removed from your account and any monies paid for such Virtual Item shall be refunded.

Subject to paragraph 19, YOX provides the Platform and Virtual Items to you on an ‘as is’ basis. YOX does not represent or warrant that access to the Platform or Virtual Items will be uninterrupted, reliable or fault free. YOX does not represent or warrant to you that the Platform or Virtual Items will be accurate, complete or reliable. While YOX shall endeavour to ensure the Platform and Virtual Items are available to you 24 hours a day, YOX will not be liable to you if for any reason the Platform or any Virtual Item is unavailable at any time or for any period.

Access to the Platform and/or Virtual Items may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond YOX’s control. YOX may also need to modify or maintain the Platform, Virtual Items, or any part of them, at any time. If this need arises, YOX may suspend access to the Platform, Virtual Items or any part of them or stop providing the Platform, Virtual Item or any part thereof, indefinitely. For example, YOX may occasionally be required to make edits to Virtual Items in order to correct inaccuracies. Such edits may result in removal of a particular Virtual Item or component thereof.

Subject to paragraph 19, YOX will not be liable to you (whether in contract, tort or otherwise and whether or not due to its negligence) for:

1. any losses arising out of or in connection with, whether direct, indirect or consequential, the Platform or Virtual Items or arising out of or in connection with the use of the Platform or Virtual Items;
2. any technical, factual, textual or typographical inaccuracies, errors or omissions (human or computer-generated) on or relating to the Platform or Virtual Items or any information provided in relation to the Platform or Virtual Items;
3. the unavailability of the Platform or a Virtual Item (or any part of them);
4. any misrepresentation on or relating to the Platform;
5. any loss of content or data (including any loss of content or data as a result of any unavailability of the Platform or a Virtual Item);
6. loss or damage caused by viruses, bugs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or the downloading, access to or uploading of any content via the Platform;
7. loss of goodwill, business opportunities, loss of profits or contracts, loss of anticipated savings, wasted management time or office time;
8. any loss incurred as a result of any legal claim or regulatory action arising from the activities of any user of the Platform infringing third party intellectual property or breaching applicable law;
9. any statements or conduct by any other user of the Platform;
10. any loss that you may incur as a result of someone else using your identity, log-in details, password or account, with or without your knowledge, including if a device used to activate your account is stolen;
11. any other indirect or consequential loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

YOX may generate revenue from your access to the Platform by advertising goods and/or services of third parties including:

1. by serving ads that you might see and respond to when using the Platform;
2. by allowing Virtual Items to be endorsed by third parties; and
3. by offering you the chance to ‘earn’ Virtual Items for use within the Platform if you respond to third party advertising in a pre-defined manner.

YOX may in its absolute discretion:

1. with immediate effect and for any reason, at any time, terminate or suspend your use of the Platform (and any Virtual Item), including if your account is inactive;
2. verify your information by requesting certain documents and refuse your requests to use the Platform and/or purchase or trade in any Virtual Items if we believe there is reason to do so;
3. take any steps (for example, technical or legal steps) to terminate or suspend your use of the Platform and any Virtual Items if we believe you have failed to comply with any of the provisions of these Terms; and
4. if we decide to terminate, suspend or refuse to accept your account, we may share or publish your name and email address and notify third parties (including Apple or Google).

All notices which are required to be given under these Terms shall be in writing and shall be sent to the postal address or email address of the party as follows:

1. to YOX, as set out in paragraph 35 below, and
2. to you, as provided in your account; or, with respect to either of us, such other address as the recipient may designate by notice given in writing. Any such notice may be delivered personally or by first class pre-paid letter (or by air-mail if overseas) or by email, and shall be deemed to have been served, if by hand, when delivered; if by first class post, 48 hours after posting; (if by air-mail, 5 days from the date of posting), if by email, when successfully despatched in full.

Please contact us immediately using our contact details at paragraph 35 below if you:

1. have any questions, complaints, claims or concerns about content which appears on our Platform, in relation to our Virtual Items or in relation to YOX generally; or
2. believe that any act or omission by YOX or one of our Platform users is in breach of applicable law.

YOX will then consider your concerns and decide whether to take action and whether or not any other user has, in YOX's opinion, breached any of these Terms. YOX will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. Where you have purchased Virtual Items through an Apple or Google Account, we both acknowledge that Apple or Google (as appropriate) has no obligation whatsoever to investigate, settle, defend or discharge any disputes in relation to the intellectual property in the Virtual Items.

Please contact us by email at hello@yox.club.