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1. These terms of use constitute a contract (“Agreement“) between you (referred to as “you” or “your” or “User”) and Qi Xiang Technology Pte. Ltd. (referred to as “Qi Xiang” or “XINDOTS” or “we” or “us” or “our”), owner and operator of XINDOTS, and applies to your use of our services (the “Services“) on the XINDOTS App (the “App”) or otherwise.

2. By accessing the XINDOTS website and/or registering as a User on the App, you agree that you have read, and accept all of the terms and conditions in this Agreement as well as our Privacy Policy (“Privacy Policy”). We may amend this Agreement at any time by posting a revised version on our XINDOTS website or the App. The revised version shall be effective at the time we post it. If you do not accept the terms of this Agreement, please do not use the App or access the XINDOTS website or any of the Services offered or provided therein.

3. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services.

4. We reserve the right to close, suspend, or limit your access to your User Account, the Services or New Services, and/or limit access to your funds if you violate this Agreement or any other agreement you may enter into with us.

5. You must be at least eighteen (18) years of age (or the minimum legal contracting age in your country, whichever is the higher) and a resident of one of the countries in which the Services are offered to use the Services. If you are under eighteen (18) or the minimum legal contracting age in your country, you may use the Services only with the involvement of a parent or guardian. Only individuals can register as a User and each individual is entitled to only one User Account. No corporations, trusts, partnerships or other legal entities can be enrolled as a User.

CONSUMER ADVISORY

6. You may purchase credits (“XINPAY Credits”) which may be used to pay for products and services offered by merchants approved by us (“Merchants”). Qi Xiang may also in its sole and absolute discretion allocate XINPAY Credits to you at no cost to you. The maximum amount of XINPAY Credits that you can hold at any time is S$999.00.

7. You may choose to purchase XINPAY Credits through any of the methods as may be made available in the Application or as may be notified to you from time to time. Selecting a particular payment method means you are agreeing to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.

8. The Company may at its sole and absolute discretion reject your request to purchase XINPAY Credits for any reason whatsoever, including without limitation, where your proposed XINPAY
Credits purchase:

(a) would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed S$30 million; or

(b) would cause the amount of XINPAY Credits held by you (or in the case of transfers of XINPAY Credits, the recipient of the transfer) to equal S$1,000.00 or more.

9. The XINPAY Credits will only be valid for one (1) year from the date of their last purchase or spend, whichever later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your XINPAY Credits. The Company shall have the right to deal with the expired XINPAY Credits in such manner as it deems fit in its absolute discretion. You hereby agree that you will have no claim whatsoever against the Company for any expired XINPAY credits.

10. The XINPAY Credits are not redeemable for cash nor are they refundable under any circumstances. They cannot be resold or exchanged for value under any circumstances. The XINPAY Credits shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

11. You may only transfer XINPAY Credits to, and receive XINPAY Credits from, other XINPAY Credit users subject to the Company’s permission and in accordance with such terms as prescribed by the Company. The Company may decide to reverse or refuse transfers of XINPAY Credits at any time and at its sole discretion.

12. You will not receive interest or other earnings on your XINPAY Credits. The Company may receive interest on amounts that the Company holds on your behalf. You agree to absolutely assign your rights to the Company for any interest derived from your XINPAY Credits in consideration of the Company providing you with XINDOTS services.

13. You should ensure that you have sufficient XINPAY Credits to pay for the services. If you have insufficient credit balance to pay for the services, you may purchase additional XINPAY Credits so that you may complete your payment for the services.

14. You may check your XINPAY Credits balance in the Application. The XINPAY Credits balance set out in the Application shall serve as conclusive evidence of your XINPAY Credits.

SERVICES AND ELIGIBILITY

15. XINDOTS facilitates payments by providing our services to you via the App (the “Services”). Our Services allow you to send payments, and, where applicable, to receive payments. The availability of our Services may vary from country to country. We do not have any control over, and are not responsible or liable for, the goods or services that are paid for via our App. We cannot ensure that a Merchant you are dealing with using XINDOTS will actually complete the transaction. We have the right to introduce New Services to the App and/or XINDOTS website from time to time and from country to country.

16. In order to open and maintain a User Account, you must provide us with correct and updated information. Your registration must be followed with the submission of such supporting documentation and information as we may require from time to time in order to identify you and perform checks and verification of information required by law. You agree that all documentation and information provided to us is truthful, accurate and complete as at the time of registration and throughout such time that you remain a User. We retain the sole and absolute discretion to approve or reject any registration in whole or in part.

17. You are solely responsible for keeping your username and password to the Services and your User Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform us immediately.

18. It is your responsibility to keep your email address and mobile number up to date to facilitate electronic communication. In the event that we send you an electronic communication but you do not receive it because your email address or mobile number in our records is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive it, we will be deemed to have provided the communication to you effectively.

19. You may update your contact information through the app or by sending us an email at help@xindots.com. If your email address becomes invalid such that electronic communications sent to you by us are returned, we may deem your User Account to be inactive, and you will not be able to use our Services until we receive a valid, working email address from you.

20. You authorize XINDOTS, directly or through third parties, to make any inquiries we consider necessary to validate your identity as a User. This may include asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address, mobile
number or credit/debit/charge cards or to verify your information against third party databases or through other sources.

21. You are required to use the latest versions of our App in order to use our Services. The App may only be downloaded from official channels provided and approved by us. All terms that have been included in this Agreement are applicable to all versions, past and present, of the App. You acknowledge that we have entered into agreements with, and owe certain obligations to, owners and operators of app store providers in connection with the distribution of the App. We make no
warranty or representation concerning the utility or safety of any downloads or official channels of downloads of the App whatsoever and accept no liability for any loss or damage arising directly or indirectly from any downloading of the App or any act or omission of any app store provider, or otherwise from the relationship between XINDOTS and such app store providers (if any).

22. You may use the App and User Account only for your personal, non-commercial purposes and shall not use the App for any unlawful or improper purpose, including without limitation the sending of unsolicited messages or spam, sending or storage of infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs, interfering with or disrupting the integrity or performance of the App, attempting to gain unauthorized access to the App or its related systems or networks, and/or impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity. You may not disclose any information pertaining to the App or User Account to any third party nor allow any third party to use your User Account.

23. The Company and its licensors, where applicable, own all right, title and interest, including all related intellectual property rights, in and to the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

24. You shall maintain in confidence all information and data relating to the Company, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of the Company (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from the Company, or any of its affiliated companies, or created in the course of this Agreement and not disclose such to any other person. The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information was at the time of receipt already in your possession, is, or becomes in the future, public knowledge through no fault or omission of you, was received from a third-party having the right to disclose it, or is required to be disclosed by law.

25. You acknowledge and agree that your use of any mobile services such as data when using our App may entail additional charges with your respective mobile service providers and you shall be responsible for such charges.

26. You agree that access to password protected areas of the Services are restricted to Users with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of the Services, or to any other protected information via the Services, through any means not intentionally made available by us for your specific use.

27. Notwithstanding anything herein, we may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, the App, the Services and your User Account and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the App, the Services and your User Account.

PAYMENT SERVICE

28. We may, at our discretion or if required by law, impose limits on the amount of payments you can make through our Services or the amount that you can hold in the app, or top-up. If you have a Verified Account or if you meet certain requirements that we may impose from time to time or as required by law, we may in our sole discretion increase your limits.

29. You may register your credit/debit/charge card or bank account with our Services to facilitate the processing of payment transactions using the App. The payment method must be associated with a billing address in a country where our Services are made available. By registering your credit/debit/charge card with us, you authorize us to confirm that your credit/debit/charge card is in good standing with the issuing financial institution, including, but not limited to, us submitting a request for a payment authorization and/or a low dollar credit and/or debit to the relevant credit/debit/charge card, in accordance with the relevant card association rules as applicable. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Services.

30. You may select a preferred payment method each time you make a payment. By adding a credit/debit/charge card as a payment method on the App, you are providing us with continuous authority to charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement.

31. Your bank, credit/debit/charge card company may charge you fees for sending or receiving funds through the App. You may be charged fees even when your transaction is domestic, and does not require a currency conversion. XINDOTS is not liable for any fees charged to you by your bank, credit/debit/charge card company or other financial institution.

32. We shall not be obliged to return or refund any balance amount in your User account except when you close your User Account (subject to our administrative fees). We may also from time to time work with a Merchant, financial institution or any other third party, to allow pre-paid cards that are issued and operated by such Merchant, financial institution or third party to be downloaded and used as an electronic pre-paid card for payments on our XINDOTS App (referred to as “Third Party Prepaid Cards”). Such Third Party Prepaid Cards are subject to the terms and conditions of the relevant issuer and although they may be used for payments via the XINDOTS App, they are not managed or operated by XINDOTS. As such, we do not assume any responsibility or liability for any matters relating to your use of these Third Party Prepaid Cards. If you have any queries relating to the use or balance amount in, or any transaction made using, the Third Party Prepaid Cards, please contact the issuers directly.

33. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned or refunded to your relevant mode of payment for that particular transaction, less any applicable fees or charges that may be imposed.

34. When you send a payment to certain Merchants using XINDOTS, you are providing authorization to the Merchant to process your payment and complete the transaction with XINDOTS. The payment will be held as pending until the Merchant processes your payment.

35. You may choose to pay for the Merchant’s products or services by cash and where available, by credit card and or debit card (“Card”).

36. In the event that you choose to pay for the Merchant’s products or services by Card, you will need to register a valid Card which belongs to you in accordance with the instructions within the Application.

37. If the Card belongs to another person, such as your parents, you hereby warrant and agree that you have obtained their permission to use the Card for the payment of the Merchant’s products or services.

38. You agree that we may verify and authorize your Card details when you first register the Card with us as well as when you use the Service.

39. You agree that we may issue a reasonable authorization hold, which is not an actual charge against your Card, in order to verify your payment method via your Card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your Card.

40. In the event your payment by your Card is processed overseas, you will be liable for any additional charges in relation thereto.

41. Once you have completed a transaction using the Service, you are required to make payment in full to the Merchant and your payment will be deducted automatically and is non-refundable. If you have any complaints in relation to the Merchant’s products or services provided, then that dispute must be taken up with the Merchant directly.

42. The Company reserves the right to suspend the processing of any transaction or disable or limit the use of the Card in the event of any error in transaction which results in decline or chargeback from the financial institution or where the Company reasonably believes that the Card has been used for a transaction that may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

43. You agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

44. You shall be responsible to resolve any disputes with your Card company on your own.

45. When you send a payment to certain Merchants using XINDOTS, you are providing authorization to the Merchant to process your payment and complete the transaction with XINDOTS. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your authorization may remain valid for up to 30 days.

46. In no event will you receive interest or other earnings on the amounts in your User account. XINDOTS may receive interest on amounts that XINDOTS holds on your behalf. You agree to assign your rights to XINDOTS for any interest derived from your funds.

47. If you have a past due amount owed to us, we may debit your User Account to pay any amounts that are past due.

Cancelling a Transaction

48. For any product or service purchased using the Service or through your User Account, you acknowledge that all product prices are determined by the Merchants and not by us. Prices and discounts may change during a sale period, as determined by the Merchants. No refunds will be given or claims entertained due to any change in prices or discounts.

49. Upon confirmation of your order or purchase, no refunds will be made under any circumstances and are not transferable.

50. You acknowledge that when you send a payment using the Service, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned or refunded to your relevant mode of payment for that particular transaction, less any applicable fees or charges that may be imposed.

51. For reservations, you may make up to two (2) cancellations on the App’s queue and reservation functions within a 7-day consecutive period without charge. However, you will be charged a cancellation fee of S$5.00 or such other amount we determine on the third cancellation, and for each subsequent cancellation, made within such 7-day consecutive  period. The Company may in its sole and absolute discretion vary, modify or amend the cancellation fee, the number of cancellations which shall result in the cancellation fee being incurred.Each time before you make a cancellation, you will receive a notification on the Application for you to confirm that you wish to proceed to make the cancellation, and where applicable on the third cancellation, and for each subsequent cancellation, made within a 7-day consecutive period, to be charged the cancellation fee. The cancellation fee will be automatically deducted from your XINPAY Credits or charged to your Card registered on the Application in accordance with the mode of payment you have selected on the Application. If you have insufficient XINPAY Credits or have not registered a Card, then your access to the Application may be blocked after the second cancellation you make within a 7-day consecutive period, until and unless you have purchased XINPAY Credits or register a Card on the Application.

52. If you feel you were incorrectly charged a Cancellation Fee, you may contact the Company athelp@xindots.com for assistance.

CLOSING YOUR USER ACCOUNT

53. You may close your User Account at any time by writing to us with your request at help@xindots.com.

54. If you close your User Account, excluding any funds that were given to you free pursuant to any marketing or promotional activity, we may (but shall not be obliged to) return any remaining funds less administrative and processing fees. We may hold the balance amount and require you to provide further information or documentation for verification purposes, or as may be required by relevant laws and regulations, before we make any refunds or transfers of the balance amount to you.

55. You may not evade an investigation by closing your User Account. If you close your User Account while we are conducting an investigation, we reserve the right to hold your funds. You will remain liable for all obligations related to your User Account even after the User Account is closed.

56. You remain liable for all obligations related to your User Account for a period of one hundred and eighty (180) days after the closure. Closure of your User Account does not relieve you of any liability pertaining to your User Account during this period.

ERRONEOUS AND UNAUTHORISED TRANSACTIONS

57. An Unauthorized Transaction occurs when a payment is sent from your User Account that you did not authorize and that did not benefit you. For example, if someone steals your password or mobile and uses the App to access your User Account, and sends a payment, an Unauthorized Transaction has occurred. If you give someone access to your User Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

58. You should immediately notify us if you believe that:

(a) there has been an Unauthorized Transaction or

(b) unauthorized access to your User Account;

(c) there is an error in your User Account history statement (you can access your User Account history statement by logging into your User Account on the App or website and clicking on a link to “History”);

(d) your password has been compromised;

(e) your XINDOTS mobile-activated phone has been lost, stolen or deactivated;

(f) you need more information about a transaction listed on the statement or transaction confirmation; and/or

(g) you have reasonable grounds to believe there is a risk of an Unauthorized Transaction and/or matters which could compromise the security of the App or your User Account.

59. When you notify us, please provide us with all of the following information:

(a) Your name, email address and mobile number registered to your User Account;

(b) A description of any suspected Unauthorized Transaction and any relevant details;

(c) the amount of any suspected Unauthorized Transaction; and

(d) any information which may be material to the Unauthorized Transaction.

60. We may (but shall not be obliged) to conduct an investigation upon receipt of your notification but in no event will be responsible for investigating any Unauthorized Transaction nor liable for any losses arising from any Unauthorized Transaction, insofar as permitted by law.

61. If you wish to dispute or invalidate a payment that was made on your credit/debit/charge card, you should contact your credit/debit/charge card company directly.

62. If you erroneously send a payment to the wrong party, or send a payment with the wrong amount, your only recourse will be to contact the party to whom you sent the payment and ask them to contact us or refund you directly.

VOID TRANSACTIONS AND REFUNDS

63. If a Merchant makes a request to void any payment transaction made by you, we may, in certain circumstances agree between us and the Merchant, refund the relevant amount to you by crediting such amount to your User account.

64. In respect of any complaints concerning any transaction, you hereby acknowledge that: (a) you shall provide such documentary proof as we may require as relevant evidence toward our investigation; (b) you acknowledge that we shall be not be responsible or liable to you in respect of any issues with any transaction that you fail to notify us in writing within 30 days from the date of that transaction; and (c) we retain the sole discretion to conduct independent investigations into each and every transaction you made, and reserve the right to make any determination we deem fit. (d) We reserve the right to charge an administration fee for any transaction refund.

RESTRICTED ACTIVITIES

65. In connection with your use of our website, your User Account, our Services, the App or in the course of your interaction with XINDOTS, other Users, or third parties, you acknowledge and agree that you will not:

(a) breach any term of this Agreement

(b) violate any law, statute, ordinance, or regulation;

(c) infringe XINDOTS’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

(d) act in a manner that is defamatory, threatening or harassing to our employees, agents or other users;

(e) provide false, inaccurate or misleading information;

(f) engage in any illegal, potentially fraudulent or suspicious activity and/or transactions;

(g) refuse to cooperate in our investigations

(h) use our Services in a manner that results in or may result in complaints, disputes, claims, chargebacks, fees, fines, penalties and other liability to XINDOTS, other Users, third parties or you;

(i) have a credit score from a credit reporting agency that we may appoint that indicates a high level of risk associated with your use of our Services;

(j) use your User Account or our Services in a manner that XINDOTS, any card scheme, financial institution or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;

(k) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

(l) monitor or copy the App or our website without our prior written permission;

(m) interfere or attempt to interfere with our website, the App or our Services; or

(n) take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.

LIABILITY

66. We shall not in no event be liable to you for any loss, cost, expense (including legal fees and expenses), damage, penalties or settlement sums whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with:

(a) any access, use and/or inability to use the App, the Services or your User Account;

(b) reliance on any data or information made available through the App, the Services or your User Account. You should not act on such data or information without first independently verifying its contents;

(c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and

(d) any use of or access to any other website or webpage linked to the App or the Services, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

67. You understand and acknowledge that in all booking and reservation transactions and at all times, XINDOTS is merely a service provider for the purposes of providing a platform to facilitate a booking or reservation by yourself and has no involvement in the contract, agreement or arrangement between you and the Merchant nor is XINDOTS party to the same or the Merchant’s agent or representative for any purpose. In particular but without prejudice to the generality of anything herein, you understand and acknowledge that XINDOTS  has no liability or responsibility in respect of the quality, standard, fitness or condition of the Merchant’s goods and services as may be provided to you and will not be involved in any dispute, claim or matter arising in relation to such matters.

68. You are responsible for all claims, fees, fines, penalties and other liability incurred by XINDOTS, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of our Services. You agree to reimburse XINDOTS, a User, or a third party for any and all such liability.

69. You may elect to cancel your request for Services at any time prior to the commencement of such Services. You will be charged a cancellation fee if the cancellation is within two (2) hours prior to the commencement of Services.

70. Any instructions given by you on your User Account (whether verbal or in writing) once you have been authenticated will be relied on by XINDOTS. XINDOTS will not be liable for any loss or damage you or anyone else suffers where we act on those instructions in good faith, unless it is proven that we were negligent.

71. If we, in our sole discretion, believe that you may have engaged in any activity in clause 65 above, we may take various actions to protect us, our affiliates, other Users, other third parties from chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the closure, limitation or suspension of your access to your User Account or any of the Services, at any time.

72. You agree that you will indemnify and keep us indemnified at all times against all losses, damages, costs, charges and expenses (including legal costs) which they may sustain or suffer in connection with a breach of any of the terms of this Agreement, including without limitation any loss sustained by us as a result of your acts or omissions which results in impairment of accessibility, operation and/or proper functioning of the App, the Services or your User Account.

DISPUTES

73. If a dispute arises between you and us, please contact us to allow us to learn about and address your concerns and/or to provide you with options to resolving the dispute quickly. Disputes between you and us regarding the Services may be reported to us via help@xindots.com.

74. Any claim (excluding claims for injunctive or other equitable relief), dispute or controversy arising out of or in connection with the terms of this Agreement, including any questions regarding it existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue in Singapore as the parties concerned may agree in writing or in accordance with the SIAC Rules. A tribunal shall consist of a single arbitrator to be appointed by the president of the SIAC. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.

75. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.

GENERAL TERMS

76. This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore, without regard to conflict of law provisions.

77. In no event shall we, our parent, subsidiaries and affiliates, our officers, directors, agents, employees or suppliers be liable for loss of profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with the XINDOTS, our website, our services, or this agreement.

78. We are not a bank and our Services are not banking services. We are not acting as a trustee, fiduciary or escrow with respect to your funds.

79. We do not have control of, nor liability for, the goods or services that are paid for with the App. We do not guarantee the identity of any User or ensure that a Merchant will complete a transaction or that a Merchant, financial institution or relevant third party will honour any balance amount in your Third Party Prepaid Cards registered on the XINDOTS App.

80. The app and our services are provided “as is” and without any representation of warranty, whether express, implied or statutory. XINDOTS, our parent and affiliates, our officers, directors, agents, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

81. We do not guarantee continuous, uninterrupted or secure access to any part of our Services, and operation of our website or the App may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, charge cards and debit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control.

82. Any hypertext link from the App or the website to any third party website exists for information purposes and is for your convenience only. We accept no liability for any loss or damage arising directly or indirectly from any such third party website. The inclusion of hyperlinks on the App does not imply any endorsement of the materials on such hyperlinked websites.

83. You agree to defend, indemnify and hold XINDOTS, its affiliates and the respective officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of the Services.

84. We reserve the right at any time and from time to time to modify, change, suspend, discontinue or restrict, either temporarily or permanently, (a) any User’s access to the App or website (or any part thereof); or (b) the whole or any portion of the App or website and the Services provided therein, with or without notice. XINDOTS shall not be liable to you or any third party for any such modification, change, suspension, discontinuation or restriction.

85. You agree that we may provide you communications and notices about your User Account, our Services and this Agreement electronically, by post, by publication in our website and in such manner we deem fit. We reserve the right to close your User Account if you withdraw your consent to receive electronic communications. Any electronic communication will be considered to be received by you within twenty-four (24) hours of the time we post it to our website or App or email it to you. Any notice sent to you by postal mail will be deemed to be received by you one (1) business day after we send it.

86. Except as otherwise stated in this Agreement, all notices to Qi Xiang must be sent by postal mail to: 2 SHENTON WAY, #15-01, SGX CENTRE I, SINGAPORE 068804.

87. We may serve a writ of summons, statement of claim, statutory demand, bankruptcy application or any legal, enforcement or bankruptcy process in respect of any claim, action or proceeding (including legal, enforcement and bankruptcy proceedings) under this Agreement on you by leaving it at, or sending it by ordinary post to, your last known address (whether within or outside Singapore and whether such address is a post office box or is a place of residence or business) as may be provided to us or by way of electronic mail sent to such electronic mail address last known to us. Such legal process or document is deemed to have been duly served on the date of delivery if it is delivered by hand, or on the date immediately after the date of posting if is it is sent by post (notwithstanding that it may be returned undelivered), or at the time of sending (if by electronic mail). Nothing in this clause shall affect our right to serve legal process by any other manner permitted by law.

88. Xindots.com”, “XINDOTS”, “XINPAY”, and all other URLs, logos and trademarks related to our Services are either trademarks or registered trademarks of XINDOTS or its licensors. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of XINDOTS. You may not copy, imitate, or use them without our prior written consent. All rights, title and interest in and to the App, the XINDOTS website, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of XINDOTS and its licensors.

89. By providing XINDOTS with your mobile number, you consent to receiving calls and text messages from us about your use of our Services at that number.

90. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes or biometrics that you use to access the Services.

91. It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for or for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

92. Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services or goods from a foreign entity. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority.

93. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

94. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with regards to the breach or any subsequent or similar breaches.

95. This Agreement constitutes the entire agreement between you and XINDOTS relating to your use of the App and website.

96. If we pay out a claim, reversal or chargeback that you file against a recipient of your payment, you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, at our absolute discretion.

97. You are to keep any account, rewards programme and/or membership information confidential at all times and not disclose them to any third party. You agree that any information provided from the Company to you and this Agreement is confidential and cannot be disclosed to any third party except as expressly consented by the Company. Your obligations under this clause shall survive the termination or expiry of this Agreement. You agree that the Company may disclose any information, including confidential information, pertaining to you and generally for such purposes the Company deems appropriate or necessary and in accordance with the Company’s general policy of disclosure and privacy policy as notified to you from time to time.

98. Save for XINDOTS and its affiliates, no person who is not a party to this Agreement has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any provision of this Agreement.

99. We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations (including the provision of the Services to you), if the delay or failure was due to any event or circumstance (including any network failure or system downtime) the occurrence and the effect of which we are unable to prevent and avoid, notwithstanding the exercise of reasonable foresight, diligence and care on our part.

100. If at any time any provision of this Agreement shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from this Agreement.

101. We reserve the right to change the terms and conditions of any marketing and sales promotions we organize at any time without informing our users.

DEFINITIONS

“Chargeback” means a request that a User files directly with his or her credit/debit/charge card company or credit/debit/charge card issuing bank to invalidate a payment.

“Claim” means a challenge to a payment that a User files directly with XINDOTS.

“Dispute” means a dispute filed by a User directly with XINDOTS.

“Funds” means the credits stored in your User Account where you can reload or top-up as instructed on the XINDOTS App.

“App” means the XINDOTS mobile application that is maintained and provided by us for downloading from official channels approved by us from time to time.

“Merchant” means a participating merchant entity that has entered into an arrangement with XINDOTS to accept payment from you for product(s) or service(s) effected through the App.

“Third Party Service Provider” means a party other than XINDOTS or its related corporations that provides any function or Service accessible through or on the XINDOTS App and/or XINDOTS website.

“Third Party Prepaid Cards” shall have the meaning ascribed to it in clause 5 under Payment Service below.

“User” means you or any individual who has successfully registered (also includes anyone who downloaded the app and/or the website services) with  XINDOTS.

“User Account” means the registered account of a User containing stored value purchased by the User, where such stored value is capable of being used, by such User, to carry out transactions for the payment of goods or services.

“Verified Account” means a User Account status that reflects that XINDOTS has verified or carried out such due diligence checks as may be required to confirm that a User has legal control over one or more of his or her payment methods and satisfies relevant due diligence requirements. A Verified Account status does not constitute an endorsement of a User.

INTERPRETATION

Any reference in these terms of use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

Words (including words defined in these terms of use) denoting the singular number shall also include the plural and vice versa and words denoting any gender shall include any other gender.

Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words ‘month’ or ‘monthly’ and all references to a number of months shall refer to calendar months.

Clause headings are inserted for convenience only and shall not affect the interpretation of these terms of use.

CONTACT US

If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at help@xindots.com.

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