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Terms of Service that you must comply with for fair use of our site

Terms of Use

TERMS AND CONDITION OF USE OF XPANGO LTD (“the Website”) Updated as at [27/02/2018]

INTRODUCTION

  1. Welcome to Xpango Ltd (“the Company”).
  1. The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“the Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
  1. The Company at ‘com’ provides various services, including but not limited to reward services.

PRIVACY

  1. Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

  1. Visiting the Website, signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.
  1. The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian. However, written permission must be sent to [email protected] or your account is subject to breaking the rules and will be terminated.

XPANGO POINTS PROGRAM (“the Program”)

  1. The Company may receive compensation for referring buyers to the retailers, brands, merchants, and other partners participating in the Program (“Affiliate Stores”). The Company gives a portion of this fee to its Members as Cash Back by way of Credits (Xpango Points). Compensation received by the Company may play a part in whether retailers and products appear on our site, where they are placed, and how we promote them to you. Participation in the Program and the opportunity to earn Credits are offered at the sole discretion of the Company and subject to your compliance with this Agreement.

  BECOMING A MEMBER

  1. To become a Member, you must be at least 18 years old and provide an email address and password in order for the Company to create your account (“Account”). Each individual person is limited to one Account.

 

  1. As a condition of receiving credit, you must also provide a physical address. In order to redeem certain offers and promotions offered by the Program, you may elect to provide us additional information, such as a payment card number and a shipping address to facilitate product purchases through the Company.
  1. Any and all information collected from you shall be subject to our Privacy Policy, which is hereby incorporated by reference.

  PROGRAM LICENSE

  1. Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Company’s Services for your personal use to access the Program. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.

 

  1. The Company reserves the right to change, upgrade, or discontinue the Program or any feature of the Program, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by the Company or its licensors.

  PROGRAM RESTRICTIONS

  1. You agree that you will not, and will not permit others to: –

 

  • damage, interfere with or unreasonably overload the Company’s Program;
  • introduce into the Company’s Program any code intended to disrupt the Program;

 

  • alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Company’s program (collectively, “Content”);

 

  • access the Program by expert system, electronic agent, “bot” or other automated means;

 

  • use scripts or disguised redirects to derive financial benefit from the Company;
  • modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of any Company’s program for any reason;

 

  • rent, sell or sublicense any of the Company’s program;
  • provide any unauthorized third party with access to the Program;
  • access confidential Content through the Company’s program;
  • interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
  • post any material in any form whatsoever on the Company’s program or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity;
  • infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program; and
  • engage in any activity that does not comply applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program.

  AFFILIATE STORE POLICIES

  1. A product purchased from any Affiliate Store through the Program, whether online or in store, is governed by and subject to the applicable Affiliate Store’s policies, including applicable exchange and shipping policies.

 

  1. You agree that we are not agents of any Affiliate Store and that the Affiliate Stores operate independently and are not under our control with respect to the Program or otherwise.
  1. Accordingly, your participation in offers or promotions of, or correspondence with, any Affiliate Store is solely between you and that Affiliate Store. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion.
  1. The Company is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal.

  BONUS & OTHER REWARDS

  1. The Company periodically offers bonuses or rewards for referring new Members to the Program or for other specific actions.

 

  1. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties.
  1. You are prohibited from bidding on keywords containing “the Company” or other similar words or marks for the purpose of driving traffic to your pages. You shall not send any paid traffic directly to your referral link.

  UPDATING & MAINTAINING YOUR ACCOUNT

  1. Updating Your Account: You agree to keep your Account information current, complete, and accurate by periodically updating the information through the Company.

 

  1. You must be logged into the Company and enter your password to change your Account information and payment preferences.
  1. You will maintain the confidentiality of your Account information, including username and password by which you access the Program. Any use of your username and password will be deemed to be your use, and the Company is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password. If there is a breach of security through your Account, you will immediately change your password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your username and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

 

  1. Maintaining Your Active Account: An Active Account means you must engage in one of the following activities within the past twelve (12) months: (i) updated your Account information, (ii) have shopped or started a shopping trip via the Company, (iii) linked a payment card to an in-store offer, (iv) have accrued Cash Back, or (v) have logged into your Account.
  1. If your account is inactive for more than twelve (12) consecutive months, the Company reserves the right to freeze your account. After additional time has elapsed your account may be terminated due to inactivity.

   

  1. Fraudulent Activity: We reserve the right to investigate any purchase transactions, referral activity, or interaction with any of the Company that we believe, in our sole discretion, is abusing or has abused the Program. We reserve the right to rescind any Cash Back, bar further Cash Back awards and/or bonuses to, and/or terminate the Program membership of, any Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding Cash Back has been credited or making fraudulent referrals by creating multiple Accounts. Any failure to comply with this Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back or other rewards and bonuses, or any misrepresentation of any information furnished to the Company by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards. If the Company has any reason to suspect fraudulent activity is associated with your Account, the Company reserves the right to delay or withhold payment of Cash Back. Any suspected or actual cases of fraud activity will be escalated and reviewed in accordance with our fraud policy.

  NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY

  1. You are granted a non-exclusive, non-transferable, recoverable license to access and use of the Website strictly in accordance with these terms of use. As condition of your use of the Website, you warrant to the Company that you will not use the Website for any purpose that is unlawful or prohibited by these Terms.
  1. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Website.
  1. All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
  1. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
  1. The Company content is not for resale.
  1. Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

  INTERNATIONAL USERS

  1. All information and content on the Website are controlled, operated and administered by the Company from our offices in United Kingdom. If you access the information and content from a location outside United Kingdom, you are responsible for compliance with all local laws.
  1. Your agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

  INDEMNIFICATION

  1. You agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
  1. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

LIABILITY DISCLAIMER

  1. The information, software, products and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
  1. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
  1. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of any failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Suppliers has been advised of the possibility of damages.
  1. The above limitation may not apply to you. If you are dissatisfied with any portion of the Website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the Website.

  WARRANTY DISCLAIMER

  1. THE PROGRAM, CONTENT, AND THE COMPANY’S PROGRAM ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY OR VALIDITY OF THE PROGRAM, CONTENT, OR THE COMPANY’S PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED IN CONNECTION WITH THE PROGRAM. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE COMPANY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS AFFILIATE STORES IN CONJUNCTION WITH THE PROGRAM.

    TERMINATION / ACCESS RESTRICTION

  1. The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice.

JURISDICTION

  1. To the maximum extent permitted by law, this Agreement is governed by the laws in Austria and all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.

  SEVERABILITY

  1. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

ENTIRE AGREEMENT

  1. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written between the user and the Company with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  It is the express wish to the parties that this Agreement and all related documents be written in English.

CHANGES TO TERMS

  1. The Company reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT

  1. The Company welcomes your questions or comments regarding the foregoing Terms.

You may contact us at [email protected].   Effective as of 27/02/2018