XPAY (“XPAY,” “We,” “Us,” or “Our”) is owned and operated by QUADX, INC. (QUADX). When You (“You,” “User,” or “Your”) use and access the website’s or app’s content and services (“Services”), you are expected and assumed to have read, understood and accepted the Terms of Service, Our Acceptable Use Policy, and Privacy Policy—this constitutes an “Agreement.” Access to and use of this website is subject to these Terms and all applicable laws and regulations.
We reserve the right to change these Terms at any time to reflect changes to the law or our services; your continued use constitutes agreement to all such changes. As these Terms are subject to change, you should, on occasion, visit this page to review these Terms. At our discretion, we will attempt to notify you of these changes via email, in the app, on our website, or any available channels. Note that changes will not apply retroactively and are effective on the date specified in the Terms.
Accounts, Security and Passwords
Features or content offered on the website will require you to open an account and ask you to provide information. If you elect not to provide such information, you may not be able to access the services, contents or features.
You agree to notify us immediately of any unauthorized use of your XPAY account. You are responsible for maintaining the confidentiality of any of your usernames or passwords associated with our websites and content. You may be held liable for losses or damages incurred by us or any other user of or visitor to the website due to someone else using your user name, ID, password, or other information which provides access to the website. We are not liable for any loss or damage that you may incur as a result of your failure to comply with these requirements.
You agree that we may collect and use technical and usage data and related information, including but not limited to, technical information about your device, date and time of website access, system and website software, and peripherals, that is gathered periodically to facilitate the provision of product support and other services to you (if any) related to the website, app, and the XPAY service specifically. You grant us the permission to use this information to improve its products or to provide services or technologies to you, including working with third parties who provide additional support, as well as associated services and content. For more information on how and what we collect, use and share your online data and how you can manage your online privacy choices, please see our Privacy Policy.
Registration
By registering for and using XPAY, you warrant that you are at least 18 years old or older, and have the capacity to enter into valid contracts under Philippine law and that you are a resident or citizen of the Philippines. If you are registering as a business entity, you warrant that you have the authority to bind the business entity to these Terms.
You attest that all the information you provide when you register for and/or use the Services is accurate, truthful, valid, and verifiable. If there are any changes to your registration information, you are responsible for updating this information.
If any portion of your user-submitted information is at any time found inaccurate, invalid, unverifiable, and or unqualified, we reserve the right to suspend or deactivate your account and any transaction may be put on hold until you have provided correct information and have resolved other issues that we have flagged against your account.
Any and all claims and disputes that you file against us during the period that your registration information is invalid, inaccurate, or incomplete shall be considered as null and void and will not be honored or processed by us.
Privacy
Any information you provide during registration and use of the Services will be covered in this segment. Please see our Privacy Policy.
No Warranty
THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES IN THIS WEBSITE ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUSES. QUADX AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES IN THIS WEBSITE.
Limitation of Liability
In no event will we be liable for any lost profits, lost opportunity, lost data, cost of procurement of substitute goods or services, intangible loss, or any direct or indirect, special, incidental, exemplary, punitive, consequential or any damages whatsoever arising out of or in connection with your access to, use of or inability to use this website or any linked product, service or website or the copying or display of, or the interaction or any other form of communications with the website, regardless of whether we were advised of the possibility of such damages, losses, or expenses and regardless of the form of action, whether in contract, tort, warranty or otherwise.
To the extent permitted by law, our total liability for any claims under these Terms, including for any implied warranties, is limited to the amount charged to you.
Indemnity
You agree to indemnify, defend and hold harmless QUADX, its affiliates, and their respective officers, directors, employees, agents, successors and assigns (“QUADX Entities”) from and against any actual or alleged claims or losses arising from, in connection with, or based on allegations whenever made of any of the following: your breach of these Terms; your use of this service, app, website and content; any claim that your use of this service, app, website and any content violates any law; the use of Your Content by any QUADX Entity; or any claim arising out of, or in connection with, your negligent acts or omissions. This obligation shall survive the termination or expiration of these Terms. You will cooperate fully as reasonably required in the defense of any claim. QUADX reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to the indemnification by you.
Copyrights
Trademarks, logos, and service marks displayed in this website are the trademarks of QUADX, its affiliates or their respective third party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written and express permission from us. All right, title and interest in this website, app and any content contained herein is the exclusive property of QUADX, except as otherwise stated.
Links
This website contains links to third party websites. QUADX hereby disclaims liability for any information, materials, products, or services posted or offered at any of the third party sites linked to this website. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by QUADX of any information contained in any third party website. In no event shall QUADX be responsible for the information contained on that site or your use of or inability to use such site. You also should be aware that the terms and conditions and privacy policy of such site may be different from those applicable to your use of this website and Services.
Confidentiality
You agree not to disclose or make Confidential Information available in any form to any third party not authorized by us, or to use Confidential Information for any purpose other than as specified in these Terms.
Confidential Information shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, receipts, communications, or financial information disclosed by us to you.
You agree that in the event of use or disclosure of Confidential Information other than as specifically provided for in the Terms, we are entitled to equitable relief. Notwithstanding termination or expiration of your use of the Services, you acknowledge and agree to perform the obligations of confidentiality with respect to Confidential Information.
Acceptable Use
Please see our Acceptable Use Policy.
Service Restrictions
You understand that violation of the Terms will cause substantial and irreparable harm and damage to Us, Our reputation, goodwill, systems, servers, resources, and other assets, and to our other users and the public. As such:
- In the event that any of the provisions in the Terms is violated, you shall immediately be liable to pay us in the amount of Five Million Philippine Pesos (Php5,000,000.00) by way of liquidated damages. Payment shall be made within five (5) calendar days after receipt of a written demand therefore made by or on behalf of us. Actual receipt by you of such written demand will be conclusively deemed properly accomplished by us mailing the same to your address as set forth above, or, in the alternative, sending such notice via electronic mail to you, whichever comes first.
- It is hereby expressly agreed upon and understood that the payment by you of any amount as liquidated damages pursuant to this provision shall be in addition and without prejudice to any and all possible liability (for any manner of damages) it may or will incur in law and in equity. Neither shall the receipt by us of such liquidated damages prejudice, preclude or diminish any other right, remedy, relief, amount, compensation or course of action available to us under the law and equity.
- You understand and agree that XPAY has the right and authority to, at any time, offset against any payment or other remuneration due or become due to you, or anyone claiming through you, any debt or debts due or to become due from you to XPAY because of your use of the Services or through other services owned or operated by QUADX Inc. (collectively, “Other QUADX Services”).
You agree and acknowledge that any breach of these Terms shall be grounds for the suspension and/or termination of your access to XPAY as well as Other QUADX Services, as we deem necessary.
Dispute Resolution
All disputes arising out of, relating to, or in connection with the interpretation or application or the Terms or your use of the Services that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and we are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. Arbitration will be initiated solely through the Philippine Dispute Resolution Center, Inc. (“PDRCI”). Notwithstanding the foregoing, we may choose to bring an individual action in court. This arbitration agreement will survive the termination of your relationship with us.
The arbitration shall be held in Makati City, Philippines. A party wishing to have recourse to arbitration shall submit its Request for Arbitration (the “Request”) to the PDRCI Secretariat, which shall notify the Claimant and Respondent of the receipt of the Request and the date of such receipt. Within thirty (30) days from the receipt of the Request from the Secretariat, the Respondent shall file an Answer (the “Answer”) to the PDRCI Secretariat, which shall be communicated to the Claimant.
These Terms shall be exclusively governed and interpreted under the laws of the Republic of the Philippines without regard to its conflict of laws provisions.
These Terms of Use were last updated xxxxxxx, 2020. Please check back regularly for updates and changes.
If you have any questions regarding these Terms of Use, the website, the app, or the Service, please contact us.