Welcome to Xappee.com, a free and fee based service website, owned and operated by Xappee Ltd (hereinafter referred to as “Xappee”). The following document explains the terms and conditions applicable to your use of Xappee Ltd, including but not limited to accessing Xappee Ltd for whatever purpose, using the information, services and products provided by Xappee Ltd, promoting business between users of Xappee Ltd at home and abroad (also referred to as “Service”). Your use of Xappee Ltd is subject to these terms and conditions (also referred to as “Agreement”), including any other legal notices and regulations applicable to the Service, between you and XAPPEE.
1.1 By using Xappee Ltd, you acknowledge the terms and conditions hereof and agree that you will be bound by the terms and conditions contained in this Agreement.
1.2 In addition, this Agreement may be changed or updated by XAPPEE from time to time without any prior notice to you. Changed terms and conditions will become valid upon being posted on Xappee Ltd. Your continuous use of our Service signifies your acceptance of the changed Agreement.
1.3 Unless explicitly stated otherwise, any further upgrade, modification, addition or change to the Service, or any new function that augments or enhances our Service shall be subject to this Agreement. You may stop using the Service at any time.
1.4 This Agreement may not be otherwise modified except in writing signed by an authorized officer from XAPPEE.
2.1 Xappee Ltd provides services to individuals and companies who can form legally binding contracts under applicable law. If you do not qualify, please do not use the Service.
2.2 XAPPEE is obligated to advise you that any user, during accessing Xappee Ltd, must behave in accordance with applicable laws. XAPPEE is not responsible for the possible consequence caused by your behaviour during use of Xappee Ltd.
2.3 Xappee Ltd may, in its sole discretion, refuse the Service to anyone at any time without any prior notice to you. The Service is not available to temporarily or indefinitely suspended members of Xappee Ltd.
3. Registration Obligations
3.1 In joining or becoming a member of Xappee Ltd, you hereby agree to: (a) provide true, accurate, current and complete information about yourself (such as identification, contact details, etc.) in the “JOIN FREE” application form (such information being the “Registration Content”), or as part of your continued use of the Service and (b) maintain and promptly update the Registration Content to keep it true, accurate, current and complete.
3.2 If you represent a business entity registered on Xappee Ltd, you agree that you have the authority to bind the entity to this Agreement.
3.3 If you provide any information that is untrue, inaccurate, not current or incomplete, or XAPPEE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, XAPPEE reserves the right at its sole discretion to suspend or terminate your Service without any prior notice to you.
3.4 During the registration process, you will create a Member ID and Password. By becoming a registered member of Xappee Ltd (also referred to as “Member”), you gain access to your own account by your Member ID and Password.
4.1 You are solely responsible for maintaining the confidentiality of your Member ID and Password, and are fully responsible for all activities that occur under your Member ID and Password. You agree to (a) immediately notify XAPPEE of any unauthorized use of your Member ID or Password or any other breach of its security, and (b) ensure that you properly exit the website at the end of each session. XAPPEE cannot and will not be liable for any loss or damage arising from your failure to comply with this Agreement. XAPPEE does not have the duty for your damages causing by force majeure, such as attacks, any interrupts, or malfunction.
4.2 You agree to use the Service only for purposes that are permitted by (a) the Agreement and (b) any applicable law, regulation or guideline in the relevant jurisdictions.
4.3 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by Xappee Ltd.
4.4 You agree that you are solely responsible for (and that XAPPEE has no responsibility to you or to any third party for) any breach of your obligations under the Agreement and for the consequences (including any loss or damage which XAPPEE may suffer) of any such breach.
4.5 Xappee Ltd will send or serve any notice or document to your email address (and you agree that when you modify the original email address submitted during the registration process and it is accepted by Xappee Ltd, the new email address will prevail). If the notice or document arrives at your email system (or the circumstances justify the assumption that the service has been made), the service will be deemed completed.
4.6 Xappee Ltd is entitled to send all kinds of business information relating to Xappee services by the contact information you have provided (e-mail, mobile phone messages, etc.). You must send a written notice to us if you refuse to continue to receive the business information.
5. Information collection
5.1 Only registered members can provide, post, send, publish or submit (also referred to as “provide”) information (such as files, photographs, videos or other images about person and/or entity, products, services, offers, etc.) on Xappee Ltd. XAPPEE reserves the right (but shall have no obligation) to filter, modify, select and/or delete any or all information it deems inappropriate. Every member is solely & legally responsible for (and that XAPPEE has no responsibility to you or to any third party for) the accuracy, completeness, integrity, timeliness, correctness and non-infringement of the information that you create, display, transmit or provide while using the Service and for the consequences of your actions (including any loss or damage which XAPPEE may suffer) by doing so.
5.2 Each Member acknowledges and warrants that information provided to Xappee Ltd shall not (a) be obscene, contain, infer any pornography, sex-related merchandising, any other content, otherwise promotes explicit sexual materials or is otherwise harmful to people, (b) be defamatory, libellous, unlawfully threatening or unlawfully harassing, (c) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (d) infringe or otherwise abet, encourage the infringement ,be in violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary rights, rights of publicity or privacy, or any other Third Party Rights, and (e) be restricted or prohibited by law.
5.3 Though XAPPEE makes great effort to confirm the information provided, XAPPEE does not guarantee & is not legally responsible for the accuracy, integrity, quality & non-infringement of such information.
5.4 XAPPEE collects information about persons/companies, products & offers, and builds its own database. XAPPEE holds copyright over all related information and web designs. Any unauthorized copying or commercial use of content obtained from Xappee Ltd is strictly prohibited, and XAPPEE reserves the right to take legal action in the case of such activity.
Xappee Ltd may contain links to other websites, but XAPPEE does not have control over such websites and resources provided by those websites. Please be cautious about such sites’ terms and conditions and/or privacy before using such sites. XAPPEE does not endorse and is not responsible for the validity of any content, advertising, service, products or information from said linking websites. You acknowledge that XAPPEE is not liable, or responsible, directly or indirectly, for any damage or loss caused by any content, advertising, service, product or information from the linking websites.
7.1 Access to and the use of Xappee Ltd as well as registration as a Free Member are free of charge. XAPPEE reserves the right to modify the charging clause without prior notice and would post the changed clause on Xappee Ltd immediately.
7.2 XAPPEE provides certain services to users who have undergone a specific registration process and/or verification process and agreed to pay for such services (“Premium Services” such as advertising, trade or membership services). Use of certain services or features of Xappee Ltd that are part of a Premium Service are governed by additional terms and conditions under separate agreements, in addition to this Terms & Conditions.
7.3 Please note that we are not responsible for any hardware, software, service and other costs you incur while accessing our website and Internet based data on our servers. XAPPEE reserves the right to change or discontinue, temporarily or permanently, some or all of the services and/or features at any time without notice.
8. Dispute Resolution
8.1 In the event that any user has a complaint, dissension, or dispute with any party to a transaction or other users, such user acknowledges and agrees that XAPPEE has the right (but not the obligation) to accept and deal with the complaint, dissension, or dispute with your authorization. You must provide sufficient evidence which could be used as a deterrent against the complaint, dissension, or dispute at a specified time, when you receive the notice sent by email or any other means from Xappee Ltd, otherwise XAPPEE will handle the complaint, dissension, or dispute at its sole discretion with its independent judgment, where the resolution maybe unfavourable to you. XAPPEE may impose the limitations on, suspend or terminate the use of Service or refuse your access to Xappee Ltd if there is a breach of the items of this Agreement and other terms, regulations and policies for the uses of any Service.
8.2 You acknowledge and promise that (a) the ability of making a judgment and/or dealing with a complaint, dissension, or dispute is limited, (b) no warrant shall be made that the results would meet your requirements, anticipation, or hope, (c) and in no event shall XAPPEE be liable for the judgment or results. It is XAPPEE’s right to decide whether or not to participate in the handling of the complaint, dissension, or dispute.
8.3 You agree to immediately notify XAPPEE of any infringement or breach of your legal rights by using of Service and provide necessary evidences. You are liable for the authenticity and legitimacy of your deed.
8.4 If a Member is in breach of any items of this Agreement or other terms, regulations and policies for the uses of any Service, according to the legally effective judgments or orders of the people’s court verify or XAPPEE’ suspicion at its sole discretion, XAPPEE reserves the right to publish the records of such breach on the website, and make other appropriate treatments, including but not limited to termination of Service, prohibition of the use of Xappee Ltd permanently.
9.1 XAPPEE withholds the right to temporarily or permanently terminate your use of Service or refuse your access to Xappee Ltd for any of the following reasons where you:
(a) Utilize Xappee Ltd for fraudulent or illegal activities, or violate any applicable law, regulation or guideline, or are engaged in activities that may damage the rights of XAPPEE or others.
(b) Utilize Xappee Ltd to send or provide false information in connection with your member account or spam messages or repeatedly publish the same product information.
(c) Post any material to members that are not related to international trade or business cooperation.
(d) Impersonate or unlawfully use another person’s or companies’ name to post information or conduct business of any form.
(e) Undertake any scheme to undermine the integrity of the computer or networks used by Xappee Ltd and/or any other users and attempt to gain unauthorized access, use, modification or control of such computer systems or networks.
(f) Post or transfer documents or materials that contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
(g) Obtain by any means another Xappee Ltd member’s username and/or password.
(h) Transfer the service of Xappee Ltd (including but not limited to the member’s username and password) or relevant business information obtained from Xappee Ltd in any form.
9.2 XAPPEE reserves the right to terminate your Service, refuse your use of Service or refuse your access to Xappee Ltd at any time for any reason, at its sole discretion, with or without notice. When your use of the Service is charged, we’re entitled to doing so based on reasonable suspicion and notification by email, and not responsible for the consequences (including any loss or damage) of the actions by doing so.
9.3 You will not be able to (a) use the website or the Service, (b) post, provide, send or publish information on the website, (c) allow others to post, provide, send or publish information on the website on your behalf. Your registration information or any other information you provided will be deleted or discard. We reserve the right to pursue your legal responsibilities for your breach of law or Agreement.
10. Liability Disclaimer
10.1 Xappee Ltd will not be liable for interruption to Service directly or indirectly as a result of acts of god, hardware malfunction, software related problems, telecommunications, electrical failures, strikes, labour disputes, riots, war, governmental actions, human error or other obstacles. The services available to you on Xappee Ltd may contain errors and our service is subject to periods of interruption. While XAPPEE does its best to maintain the services available on Xappee Ltd, XAPPEE cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this website.
10.2 XAPPEE provides the services on Xappee Ltd “as is,” with no warranties whatsoever. All express warranties and all implied warranties, including warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights are hereby disclaimed to the fullest extent permitted by law.
10.3 In no event shall XAPPEE be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the performance of Xappee Ltd or from any members’ use of services provided through this website, even if Xappee Ltd has been advised of the possibility of such damages.
10.4 Xappee Ltd has been translated into Japanese, French, Spanish, German, Portuguese, Italian, Russian, Korean, Arabic and Indian versions by translation software. Xappee is not responsible for any the differences between the English version and aforementioned other language versions of the website. If there is any conflict, the English version will prevail.
10.5 If you are dissatisfied with Xappee Ltd, or any portion, your exclusive solution may be to cease using the website.
10.6 XAPPEE owns all legal rights, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
10.7 In order to comply with laws, regulations and policies of other countries, which are always different, the content may be slightly different when users access from different countries. XAPPEE does not accept any responsibility for blocking the display of information which are in violation of laws, regulations and policies of other countries.
11. Disclaimer of Warranties for Products Database
You expressly agree that the use of our database contained on Xappee Ltd is at your own risk. XAPPEE shall not be responsible for any content found on this database. XAPPEE expressly disclaims all warranties of any kind, whether implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. XAPPEE makes no warranty that our database will be uninterrupted, timely, securely or error free.
You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the database on Xappee Ltd is done at your own discretion and risk. You will be solely responsible for any damages to your computer system or loss of data that result from the download of such material and/or data.
Xappee Ltd, XAPPEE, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any loss or injury resulting from using our Offer Board or Products Directory on Xappee Ltd, or for any decision made or action taken by you in reliance on content contained in Offer Board or Products Director. Xappee Ltd, XAPPEE, its officers, directors, owners, agents and employees, shall not be liable to you or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if you are advised of the possibility of such damages, resulting from the use or the inability to use the service.
Some jurisdictions do not allow the exclusive of certain warranties, so several of the exclusions stated above may not apply to you.
Xappee adopts strict security policies. If any member should interfere with our security policies, they will be temporarily or in some cases, permanently banned from using Xappee Ltd and its related services. What’s more, information published by other members will not be available to those members whose access to Xappee Ltd has been terminated.
You agree to indemnify and hold Xappee Ltd, XAPPEE, its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Offer Board or Product Directory on Xappee Ltd. The violation of these terms and conditions by you, or the infringement by you, or other user of Offer Board or Product Directory using your computer, of any intellectual property or other right of any person or entity. XAPPEE reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
The interpretation and application of this Agreement, as well as disputes relating to this Agreement, shall be dealt with in accordance with the laws of UK. Each party shall apply Her Majestys Court which holds the jurisdiction on the disputes.
All contents in these websites are Copyright © 2014 by Xappee Ltd.
Reproduction in whole or in part in any form without the prior written permission of Xappee Technology Co. Ltd. is prohibited. All rights reserved.
For more information regarding Xappee Ltd, please click here.