Terms and Conditions
Please read these terms and conditions carefully. By accessing the foxoms.com website (the "website") or the FoxOMS online scheduling service (the "service") you agree to be bound by the terms and conditions below. These terms and conditions are subject to change. Any changes will be incorporated into the terms and conditions posted to this website from time to time. If you do not agree with these terms and conditions, please do not access this website or use the service. We reserve the right to change at anytime and without notice the terms and conditions below.
Limitation of Liability
The website and the service are provided “as is” and “as available”. The company (Nevario Pty Ltd) does not provide any warranties and representations regarding the website and services. The company disclaims all warranties and representations of any kind with regard to use or inability to use the website and services, including any implied warranties of merchantability, non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for any particular purpose. The company will not be liable for any delay, difficulty in use, inaccuracy of information, computer viruses, malicious code or other defect in this website and the services. No license to the user is implied in these disclaimers.
Under no circumstances will the company be liable for any lost profits, lost opportunity or any indirect, consequential, incidental, special, punitive, or exemplary damages arising out of any reliance on the website, the service or any portion thereof, regardless of whether the company has been apprised of the likelihood of such damages occurring and regardless of the form of action, whether in contract, warranty, tort, (including negligence), strict liability, or otherwise. The company may discontinue or make changes in the information, products or services described herein or made available on the website at any time without prior notice to you and without any liability.
To the extent that to create or maintain a free or subscription account, you assume full responsibility for any loss or damage you may incur due to failure to safeguard your account details or passwords.
The website may be interfered with by numerous factors outside the company’s control, including but not limited to internet disruptions, and failures of any data or telecommunications equipment, system or network used in connection with the website. The company assumes no liability for disruptions of the website or the service.
You acknowledge that the entire risk arising out of the use and performance of the website and the service, remains with you to the maximum extent permitted by law.
The company does not guarantee that the website is secure or impregnable. The company will not be responsible in the event of security breach or infiltration of its security systems.
Since some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, portions of the above limitation or exclusion may not apply to you.
Use of FoxOMS during the free trial is in accordance with our general FoxOMS terms. The trial is full featured and is only limited by the usage limits of our 'Trial' account. For more details, please see the pricing page on our website.
We reserve the right to terminate your trial prematurely and without notice if any of our terms and conditions are breached or if we deem your installation to be consuming an unreasonable amount of our resources. After your trial has expired, your data will be retained for a further minimum 14 days before being removed from our systems.
The subdomain you chose when you signed up will also be released back into the pool of available subdomains which can be registered by other users. Subdomains are on released on a ‘first come, first serve’ basis. In situations where two or more users request a particular domain, the user who first registered it last has automatic rights to that domain.
We take the privacy of your data very seriously and we will not rent or sell your information into third parties outside FoxOMS and its group companies (including any parent, subsidiaries and affiliates) without your consent. We do however reserve the right to use your information in our internal client management systems operated by Nevario Pty Ltd.
You agree that your information and data will be stored on our cloud within local and wider networks including the internet as a whole. Whist we take every reasonable effort to secure our infrastructure and your data, we accept no responsibility or liability for the loss of any data via any means, including theft.
When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time.
A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Availability of Services
We make every attempt to provide a reliable service, however we in no way guarantee the service reliability and availability of FoxOMS. We accept no responsibility or liability for unavailability of the FoxOMS services, including loss of data, under any circumstance, or for example, where the outage is beyond the control of systems controlled by Nevario Pty Ltd.
Please be aware that outages do occur and FoxOMS and its parent company will do everything in its power to restore your services and data as quickly as possible. Nevario Pty Ltd. cannot not be held liable for any losses incurred by your business due to service unavailability.
Sub Domain Rights
By registering an account with FoxOMS you will receive a sub domain assigned and dynamically linked to your account. This domain is owned and registered to FoxOMS parent company of Nevario Pty Ltd and can never be transferred or redirected. We reserve the right to withdraw any subdomain from our system if we deem it to be inappropriate. Offensive words (of any nature) are not permitted in domain names and will be deleted without notice.
Suspension of Services
Nevario Pty Ltd. reserve the right to suspend your FoxOMS install without notice. We may suspend your service if:
- We deem your account is using an unreasonable amount of system resources
- Non payment on due invoices
- We detect malicious hacking activity from your account
Payment of Products and Services
Nevario Pty Ltd. will issue invoices with payment due within 14 Days. Payment must be made by the due date to avoid suspension of the service. Credit Card payments through paypal as well as direct bank transfers are our accepted forms of payment.