Conditions of Use
Welcome to xChange and My xPay wallet services, xChange is a subsidiary of X Group Exchange LLC., with offices in Hualing Kutaisi FIZ Georgia, and a member of the xGroup Community. xChange provide website features and other products and services to you when you visit or shop at xchangemarketplace.net, use xChange products or services, use xChange applications for mobile service, 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, xChange markets, xChange My xPay 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.
Please review our xChange PRIVACY NOTICE, which also governs your use of xChange Services, to understand our practices.
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.
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 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 international copyright laws.
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.
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 xChange 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 the 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” utilising 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.
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 said 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 must sell 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. NOTE: 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 to recover the contents of your wallet. They will be lost forever. NOTE: xChange will NOT be able to retrieve the contents of your wallet. It will be lost forever. The security of your wallet is entirely the users responsibility. Thus, we urge you to maintain your private key and Mnemonic 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 (Gift) 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. xChange 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.
xChange respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please go to https://xgroupcommunity.com for support. Please include all your information.
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 Titles
xChange does not receive returned items. Returns and refunds are dealt with directly by all Vendor Merchants. For more information about returns and refunds, please refer to the specific Vendor Merchants information pages.
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.
“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.
When you use apps created by xChange, such as the xChange App, you may grant certain permissions to us for your device. Mobile devices provide you with information about these permissions. This information can be found directly within the app menu.
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 Limitations 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.
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 Arbitration law of the the Republic of Georgia 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 please go to https://xgroupcommunity.com/ and submit a ticket. Note: Payment of all filing, administration and arbitrator fees will be governed by rules set by the Georgian International Arbitration Centre. We will reimburse those fees for claims totaling less than $3,000 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.
By using any xChange Service, you agree that the laws of the Republic of Georgia, 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
Additional xChange Software Terms