Terms of Use

Terms of Use

1. Acceptance of the Terms

These Terms of Use (the “Terms”) constitute a binding and enforceable legal contract between xPhiz Digital Technologies Limited, its affiliated companies (together, the “Administrator”, “we”, “us”) and you. Please read these Terms carefully. Your access and use of the xphiz.com website and mobile applications, as well as any service, content, and data available via them (together, the “Service” or the “Platform”) are governed by these Terms. If you do not agree with any part of these Terms, or if you are not eligible or authorized to be bound by the Terms, then do not access or use the Service. Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, rules, policies, or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason with or without prior notice.

2. Disclaimer

  1. ALL SERVICES RENDERED BY THE ADMINISTRATOR ARE RENDERED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND THE ADMINISTRATOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY GUARANTEES REGARDING CONDITION, QUALITY, LIFE DURATION, PERFORMANCE, ACCURACY, RELIABILITY, COMMERCIAL VALUE AND SUITABILITY FOR SPECIFIC PURPOSES. ALL SUCH WARRANTIES AND LIABILITIES ARE HEREBY EXCLUDED. ADMINISTRATOR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE EXISTENCE, QUALITY, SAFETY OR LEGALITY OF CONTENT, GOODS AND SERVICES PUBLISHED BY USERS ON THE PLATFORM; THE TRUSTWORTHINESS OR ACCURACY OF INFORMATION PROVIDED BY USERS IN THE ANNOUNCEMENTS; THE ABILITY OF USERS TO COMMUNICATE OR SELL GOODS OR TO PROVIDE SERVICES; THE ABILITY OF BUYERS TO PAY FOR GOODS OR SERVICES; OR THAT A USER WILL ACTUALLY COMPLETE A TRANSACTION. ADMINISTRATOR MAKES NO GUARANTEES CONCERNING THAT MANUFACTURING, IMPORT, EXPORT, OFFER, DISPLAYING, PURCHASE, SALE, ADVERTISING AND/OR USE OF COMMUNICATION PRODUCTS OR SERVICES, WHICH ARE OFFERED OR DISPLAYED ON THE PLATFORM DO NOT INFRINGE ANY THIRD PARTIES’ RIGHTS. THEREFORE, ADMINISTRATOR EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION TO MATERIALS AND INFORMATION POSTED BY USERS ON THE PLATFORM. YOU ARE ENCOURAGED TO CHECK THE VERIFIED IDENTITY OF WHO YOU INTERACTE WITH OR CHECK THE GOODS BEFORE PAYMENT AND TO REQUEST THE SELLER TO PROVIDE DOCUMENTS CONFIRMING COMPLIANCE OF THE GOODS WITH APPLICABLE REQUIREMENTS OF LAWS, REGULATIONS, RULES, GUIDELINES, STANDARDS. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY AND YOU UNDERSTAND THAT YOU SHOULD MEET WITH OTHER INDIVIDUALS FOR COMPLETION OF A TRANSACTION ONLY IN SAFE PUBLIC PLACES IN DAYLIGHT HOURS. YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING DUE DILIGENCE OF ANY INDIVIDUAL OR ORGANIZATION REQUESTING A MEETING TO CONDUCT A JOB INTERVIEW OR TO COMPLETE A TRANSACTION. ADMINISTRATOR DISCLAIMS ANY RESPONSIBILITY FOR USER’S INTERACTION WITH ANY INDIVIDUAL OR ORGANIZATION.

3. Account Registration

    You hereby represent and warrant to us that you have reached the age of majority or are accessing the Service under the supervision of a parent or legal guardian. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Service. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Service. We reserve the right to suspend or terminate your Account, or your access to the Service, with or without notice to you, in the event that you breach these Terms. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Fees

  1. The Platform is generally free; however, it may contain payable services. For instance, we may set limits for publishing content in certain categories or offer advertising options for announcements on the Platform. The fees we charge for using payable services and payment methods accepted by us are disclosed on the Platform. We reserve the right, in our sole discretion, to change the fees and acceptable payment methods from time to time and for any reason. Unless otherwise explicitly provided by mandatory rules of the applicable law, the fees are non-refundable due to the nature of online services.

5. Indemnify

    You agree to indemnify and hold the Administrator, its successors, subsidiaries, affiliates, related companies, its suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of: (i) your use of the Platform; (ii) your User Content; (iii) your violation of any representation, warranty, covenant, or obligation stipulated in these Terms; (iv) your violation of any applicable law, industry-standard, regulation, guideline, rule; (v) any transaction entered into by you via the Platform or your violation of terms of such transaction. The Administrator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

6. Limitations

In no event shall xPhiz or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on xPhiz's Internet site, even if xPhiz or a xPhiz authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on xPhiz's web site could include technical, typographical, or photographic errors. xPhiz does not warrant that any of the materials on its web site are accurate, complete, or current. xPhiz may make changes to the materials contained on its web site at any time without notice. xPhiz does not, however, make any commitment to update the materials.

7. Intellectual Propert Rights

Information you submit to us as part of your registration, and any data, text, pictures and other materials that you may submit or post on the Platform (the “User Content”) remain your intellectual property, and the Administrator does not claim any ownership of the copyright or other proprietary intellectual property rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Administrator may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy. You grant the Administrator the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. Materials on the Platform, except those posted by the user, including but not limited to texts, software, scripts, graphics, photos, sounds, music, videos, interactive functions, etc. ("Materials") and trademarks, service marks and logos included in it ("Marks") belong to or are licensed by the Administrator representing items of copyright and of any other intellectual property rights. Any use of such Materials and Marks without prior notice of the Administrator is not allowed. Notice for Claims of Intellectual Property Violations and Copyright Infringement If you are a holder of intellectual property rights or a person authorized to act in the name of a holder of intellectual property rights and you reasonably believe that information which is posted to the Platform someway infringes your intellectual property rights or intellectual property rights of a person, in which name you act, you may provide notification to the Administrator requiring to delete such material. In this regard, you shall warrant that your appeal has a legal basis, and you act in good faith according to law. When providing relevant notification concerning infringement of rights you shall ensure that your request corresponds to the form below and includes the following: an appeal should include the physical or electronic signature of a person empowered for acting in the name of a holder of the right, which is believed to be infringed; the objects of intellectual property right, rights on which were supposedly infringed, shall be specified. If several objects exist, the entire list of such items shall be provided; you shall specify materials (with an indication of specific URL-pages), which are stated to infringe rights or themselves are the objects of infringement; you shall provide contact information so that the Administrator would be able to contact you, for example, address, phone number, and email address; signed application with regard to your faithful and reasonable belief in those materials being the objects of complaint concerning infringement of intellectual property rights are used without a right holder’s or its representative’s consent, and also that this is not allowed by law; signed application with regard to that a holder of intellectual property rights releases the Administrator from any third parties' claims related to deletion of relevant materials by the Administrator; signed application with regard to that information contained in a notification is accurate under penalty of perjury, and you are authorized to act in the name of a holder of the exclusive right, which has been supposedly infringed; statutory regulations which you believe to be violated in connection to using of disputable content; state, in which territory you believe the rights to be infringed; copies of documents establishing rights for an object of intellectual property right, which is subject to security, as well as a document that confirms powers for acting in the holder’s name, in attachments to your appeal. The relevant notification shall be sent to email support@xphiz.com.

8. Site Terms of Use Modifications

xPhiz may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Contact

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at: support@xphiz.com. Last updated: 10 August 2020