Conditions of Use

Welcome to xChange.lu. xChange is a subsidiary of X Group Corporations, LTD. xChange provide website features and other products and services to you when you visit or shop at xChange.lu, use xChange products or services, use xChange applications for mobile, or use software provided by xChange in connection with any of the foregoing (collectively, xChange Services”). xChange provides the Services subject to the following conditions. By using xChange Services, you agree to these conditions. Please read them carefully. We offer a wide range of xChange Services, and sometimes additional terms may apply. When you use an xChange Service (for example, Your Profile, xChange, Your Media Forum, xChange devices, or “xChange Applications” you also will be subject to the guidelines, terms and agreements applicable to that xChange Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our xChange PRIVACY NOTICE, which also governs your use of xChange Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use xChange Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other xChange Services, such as our Message Centre, and, you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any xChange Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of xChange or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any xChange Service is the exclusive property of xChange and protected by U.S. and international copyright laws.

TRADEMARKS

Trademarks consist of, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any xChange Service are trademarks or trade dress of xChange in all locations where xChange Services operate. xChange’s trademarks and trade dress may not be used in connection with any product or service that is not xChange’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits xChange. All other trademarks not owned by xChange that appear in any xChange Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by xChange.

PATENTS

One or more patents owned by xChange apply to the xChange Services and to the features and services accessible via the xChange Services.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, xChange or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the xChange Services. This license does not include any resale or commercial use of any XxChange Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any xChange Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by xChange or its licensors, suppliers, publishers, rights-holders, or other content providers. No xChange Service, nor any part of any xChange Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of xChange. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of xChange without express written consent. You may not use any meta tags or any other “hidden text” utilizing xChange’s name or trademarks without the express written consent of xChange. You may not misuse the xChange Services. You may use the xChange Services only as permitted by law. The licenses granted by xChange terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

An account (approved access to services with xchange) is as follows: An account is attached to a person or company with a verified individual email account, and a verified distinct individual phone number. Additionally, an account holder may apply for an xchange wallet and download wallet on IOS or Google Play. Each wallet will then be attached to these respective individual accounts. You may need your own xChange account to use certain xChange Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. xChange affiliates may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the xChange Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their xChange Household. Vendors listing Alcohol products on xChange are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. xChange reserves the right to refuse service, terminate accounts, terminate your rights to use xChange Services, remove or edit content, or cancel orders in its sole discretion.

SECURITY OF WALLET

NOTICE: Concerning the security of your wallet and the contents. Your wallet has Mnemonic key words and an unencrypted Private key. Anyone who knows your Mnemonic key words or your private key can empty the contents of your wallet. To maintain the contents of your wallet for your use you should keep this information in a secure place. Failure to do so will risk your wallet. Your private key is recoverable ONLY with the Mnemonic key words. If you lose your Mnemonic key words you will NOT be able recover the contents of your wallet. They will be lost forever. Note, XChange will NOT be able to retrieve the contents of your wallet. They will be lost forever. The security of your wallet is entirely the users responsibility. Thus, we urge you to maintain your private key and Mnenomic Key words in a safe and secure place.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. xChange reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant xChange a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant xChange and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify xChange for all claims resulting from content you supply. Amazon has the right but not the obligation to monitor and edit or remove any activity or content. xChange takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

xChange respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send your comments to copyright@xСhange.lu

RISK OF LOSS

All purchases of physical items arrive directly from our Vendor merchants pursuant to a shipment contract. Risk of loss and title for such items are between the carrier and you.

RETURNS, REFUNDS AND TITLE

xChange does not receive returned items. Returns and refunds are dealt with directly with our Vendor Merchants. For more information about returns and refunds, please refer to the specific Vendor Merchants information pages.

PRODUCT DESCRIPTIONS

xChange attempts to be as accurate as possible. However, xChange does not warrant that product descriptions or other content of any xChange Service or Merchant Vendors is accurate, complete, reliable, current, or error-free. If a product offered by xChange or its Merchant Vendors is not as described, your sole remedy is to follow the procedures outlined by the Merchant Vendors on their information pages.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found with other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on xChange site. Note: Merchant Vendors follow their own pricing policies. In the event of a mis-priced item, contact the Merchant Vendor directly.

APP PERMISSIONS

When you use apps created by xChange, such as the xChange App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, LINK HERE FOR INFO: LOCATE END USER PERMISSIONS IN APPS

OTHER BUSINESSES

Our Member Merchant Vendors operate stores, provide services or software, or sell product lines through the xChange Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). xChange does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE XCHANGE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XCHANGE SERVICES ARE PROVIDED BY XCHANGE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. XCHANGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE XCHANGE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XCHANGE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE XCHANGE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, XCHANGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XCHANGE DOES NOT WARRANT THAT THE XCHANGE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE XCHANGE SERVICES, XCHANGE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM XCHANGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, XCHANGE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY XCHANGE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY XCHANGE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any xChange Service, or to any products or services sold or distributed by xChange or through xChange.lu will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Commercial Arbitration Courts ofPanama will apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent XXXXXXX Corporation, 123 Min Street, Panama City Panama. Payment of all filing, administration and arbitrator fees will be governed by rules set by the Commercial Court of Arbitration. We will reimburse those fees for claims totalling less than $5,000 unless the arbitrator determines the claims are frivolous. Likewise, xChange will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any xChange Service, you agree that the laws of the Republic of Panama/Hong Kong/Dubai, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and xChange.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our LINK Privacy Policy posted on this site. These policies also govern your use of xChange Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

xChange Corporate Address

ADDITIONAL xCHANGE SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with xChange Services (the “xChange Software”). 1. Use of the xChange Software. You may use xChange Software solely for purposes of enabling you to use the xChange Services as provided by xChange, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the xChange Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the xChange Software in whole or in part. All software used in any xChange Service is the property of xChange or its software suppliers and is protected by United States and international copyright laws. 2. Use of Third Party Services. When you use the xChange Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. 3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the xChange Software, whether in whole or in part. 4. Updates. We may offer automatic or manual updates to the xChange Software at any time and without notice to you. 5. Government End Users. If you are a Government end user, we are licensing the xChange Software to you as a “Commercial Item”, as defined under the Commercial laws of Panama/Hong Kong/Dubai and the rights we grant you to the xChange Software are the same as the rights we grant to all others under these Conditions of Use. 6. Conflicts. In the event of any conflict between these Conditions of Use and any other xChange or third-party terms applicable to any portion of xChange Software, such as open-source license terms, such other terms will control as to that portion of the xChange Software and to the extent of the conflict.