xapply User Agreement / Terms of Service Use
Definition of Terms
“xapply” is an online-based shopping system that allows the users to buy, sell and advertise their products and service. The users must be fully aware of its meaning of existence and hence abide by its rules and regulations.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot sell, purchase or advertise for any items on the Site.
xapply reserves the right to terminate your membership and refuse to provide any further access to the site if xapply discovers that you are a minor i.e. under 18 yrs. The Site is not available to persons whose membership has been suspended or terminated by xapply. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Conditions of Use Users are assumed to acknowledge that: i) xapply are not insured by any government agency ii) It is not subject to banking regulations 3.1 Your account and registration obligations You must: i) Provide true, accurate, current and valid information about yourself. ii) You must not include any of your contact details such as email addresses etc in your username; and iii) Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete then xapply has reasonable grounds to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Fees and Services
Membership on this site is free. It does not charge any fee for browsing, selling and buying on the Site. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges etc. levied thereon. xapply also reserves the right to take legal action in case of non-payment of fees by you to xapply.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. We need these rights to host and display your contents.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party
We can terminate you membership or access to your account if:
1. If you breach the User Agreement or the documents it incorporates by reference;
2. If xapply is unable to verify or authenticate any information you provide; or
3. If it is believed that your actions may cause legal liability for you, other Users or xapply
xapply may at any time at its sole discretion reinstate suspended Users.
Selling and Buying
xapply strongly advises you not to test the site with false sales/purchases, as it will put you at substantial personal legal risk. It is a crime to use a false name, other false personal information or a known invalid Credit Card to buy. Willfully entering erroneous or fictitious bids may result in prosecution by xapply.
Please be aware that even if you do not give xapply your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
As buyers on the Site we encourage you to post feedback on the seller after the purchase is closed.
Buyer Protection Program
Currently we do not offer any buyer protection programs. We will update this section once our buyer protection program is in place. However, we always try to provide you the most applicable security and privacy to your account and transaction you make in xapply.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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.
You expressly agree that your use of the Site is at your sole risk. xapply and its suppliers provide the Site and services “as is” and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement
If any dispute arises between you and xapply during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by xapply.
The User Agreement shall be governed and construed in accordance with the laws of Nepal