Terms and Conditions
WE VALUE YOUR PRIVACY
WHAT TYPE OF INFORMATION DO WE COLLECT
We collect any information you provide to us when you use the Service. You may provide us with information in various ways on the Service.
Personal Information: When you register with us or one of our customers as a User, you are required to provide us with your name, email address, phone number, physical address, country of residence and cryptocurrency wallet address. You are required to verify your identity by submitting a government-issued ID with your full name, date of birth and tax number (or identification number), an address proof stating your current physical address, and a selfie picture from your webcam or mobile phone provided. In order to participate in certain token offerings and use our Platform as a User, we may also require certain information to confirm your status as an accredited investor. For example, Users hoping to participate in a token offering in an individual capacity, and not on behalf of a corporation or trust, must provide their full name, tax number, phone number, address, date of birth, and if such participation requires the User to be an accredited investor, proof of required assets (such as an asset appraisal) or income (such as tax filings or pay slips), as well. In addition to the information listed above, we may require you to provide additional information as and when we require it. We may also require Users to complete a short questionnaire regarding their interest in specific types of tokens and cryptocurrencies.
Projects that issue a blockchain-based cryptographic token and are launched on our Platform (“Token Projects”) may provide us with information about their Token Project and token offering, certain of which will be provided to potential Users to assist in making a decision about participating in such Token Projects.
Financial Information: We may collect necessary financial information, such as your bank's routing number, your account number, or your wallet address when you use our Service to participate in any Token Projects.
Usage information: We may collect information about how you access and use our Service, your actions on the Service, including your interactions with others on the Service, photos or media you upload to the Service, comments and posts you make in our public discussion forums, and other content you may provide.
Technical Data: We may collect data such as IP (internet protocol) address, ISP (internet service provider), the web browser used to access the Service, the time the Service was accessed, which web pages were visited, operating system and platform, a mobile device-type identifier, and other technology on the devices you use to access our Service. We may also access your photo and camera roll or Face ID through our mobile application with your permission.
Communications: We may receive additional information about you when you contact us directly. For example, we will receive your email address, the contents of a message or attachments that you may send to us, and other information you choose to provide when you contact us through email.
HOW DO WE USE THE INFORMATION WE COLLECT?
- Verifying the identity and accreditation status of Users, which may include conducting a soft pull on your credit history, and to facilitate participation in listed tokens.
- Operating, maintaining, enhancing and providing features of the Service, providing services and information that you request, responding to comments and questions, and otherwise providing support to users.
- Understanding and analyzing the usage trends and preferences of our users, improving the Service, developing new products, services, features, and functionality.
- Contacting you for administrative or informational purposes, including by providing customer service or sending communications, including changes to our terms, conditions, and policies.
- For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable or otherwise of interest.
- Personalizing your experience on the Service by presenting tailored content.
- We may aggregate data collected through the Service and may use and disclose it for any purpose.
- For our business purposes, such as audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention.
- Complying with legal and regulatory requirements.
WHEN AND WITH WHOM DO WE SHARE THE INFORMATION WE COLLECT?
We do not rent, sell or share your information with third parties except as described in this Policy. We may share your information with the following:
- Companies in our group or our affiliates in order to provide you with the services.
- Credit bureaus and other third parties who provide Know Your Customer and Anti-Money Laundering services, including verifying users as accredited investors.
- Information collected from and about Users may be shared with Token Projects to facilitate User directed participation and to communicate independently with you.
- Our third-party service providers who provide services such as data storage, website hosting, data analysis, customer service, email delivery, auditing, and other services.
- Potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
- If required to do so by law or in the good faith belief that such action is appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our subsidiaries; (f) to protect our rights, privacy, safety or property, and/or that of our subsidiaries, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
In addition, we may use third party analytics vendors to evaluate and provide us with information about your use of the Service. We do not share your information with these third parties, but these analytics service providers may set and access their own cookies, pixel tags and similar technologies on the Service and they may otherwise collect or have access to information about you which they may collect over time and across different websites. For example, we use Google Analytics to collect and process certain analytics data. Google provides some additional privacy options described at https://www.google.com/policies/privacy/partners.
We may use and disclose aggregate information that does not identify or otherwise relate to an individual for any purpose, unless we are prohibited from doing so under applicable law.
You should be aware that there is always some risk involved in transmitting information over the internet. While we strive to protect your Personal Information, we cannot ensure or warrant the security and privacy of your Personal Information or other content you transmit using the service, and you do so at your own risk.
HOW WE PROTECT YOUR PERSONAL INFORMATION
You acknowledge that no data transmission over the internet is totally secure. Accordingly, we cannot warrant the security of any information which you transmit to us. That said, we do use certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of information and we have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Information. Your Personal Information will be stored on secure servers and will not be made publicly available. We will try to limit access to your Personal Information only to those employees or partners that need to know the Personal Information in order to achieve the purposes of processing, as described above. However, as described above, we engage third-party service providers to store your Personal Information. We cannot control the security and privacy of the information stored with our service providers but we will use our reasonable commercial endeavours to ensure that any such third party service provider has in place certain physical, organizational, and technical safeguards that are designed to maintain the integrity and security of your Personal Information.
You need to help us prevent unauthorized access to your account by protecting your password appropriately and limiting access to your account (for example, by logging out after you have finished accessing your account). You will be solely responsible for keeping your password confidential and for all use of your password and your account, including any unauthorized use. While we seek to protect your information to ensure that it is kept confidential, we cannot absolutely guarantee its security. However, we do not store any passwords as an added layer of security.
Please be aware that no security measures are perfect or impenetrable and thus we cannot and do not guarantee the security of your data. While we strive to protect your Personal Information, we cannot ensure or warrant the security and privacy of your Personal Information or other content you transmit using the service, and you do so at your own risk. It is important that you maintain the security and control of your account credentials, and not share your password with anyone. In addition, we offer our users two-factor authentication which is designed to protect their account.
HOW LONG DO WE KEEP YOUR INFORMATION
Our third-party storage service providers will retain your Information for as long as necessary to provide our Services, and as necessary to comply with our legal obligations (including those specific to financial transactions), resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
You may, of course, decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Service. From time to time, we send marketing e-mail messages to our users, including promotional material concerning our Service or Token Projects’ services (which we believe may interest you). If you no longer want to receive such emails from us on a going forward basis, you may opt-out via the "unsubscribe" link provided in each such email. Please note that even if you unsubscribe from our marketing materials, we may continue to send you Service-related updates and notifications, or reply to your queries and feedback you provide us.
NO USE OF SERVICE BY MINORS
The Service is not directed to individuals under the age of eighteen (18), and we request that you not provide Personal Information through the Service if you are under 18.
CROSS-BORDER DATA TRANSFER
Please note that we may be transferring your information outside of your region for storage and processing and around the globe. By using the Service you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country.
We may make changes to this Policy. The "Last Updated" date at the bottom of this page indicates when this Policy was last revised. If we make material changes, we may notify you through the Service or by sending you an email or other communication. The most current version will always be posted on our website. We encourage you to read this Policy periodically to stay up-to-date about our privacy practices. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the updated Policy.
If you have any questions about this Policy, please click on the “Support” link on the bottom of our website and contact us via the “Email Us”
These terms and conditions ("Terms”) govern the use of the Site (defined below) and the Services (defined below). These Terms also include any guidelines, announcements, additional terms, policies, and disclaimers made available or issued by us from time to time. These Terms constitute a binding and enforceable legal contract between Xend Finance Limited and its affiliates ("Xend Launchpad”, "we”, "us” ) and you, an end user of the services ("you” or "User”) at launchpad.xend.finance ("Services” ). By accessing, using or clicking on our website (and all related subdomains) or its mobile applications ("Site”) or accessing, using or attempting to use the Services, you agree that you have read, understood, and are bound by these Terms and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access or use the Site or the Services. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features
By registering to use a Xend Launchpad account ("Account”) or using the Services, you represent and warrant that:
- as an individual, legal person, or other organization, you have full legal capacity and authority to agree and bind yourself to these Terms;
- you are at least 18 or are of legal age to form a binding contract under applicable laws;
- your use of the Services is not prohibited by applicable law, and at all times compliant with applicable law, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing ("CTF”);
- you have not been previously suspended or removed from using our Services;
- you do not currently have an existing Account;
- if you act as an employee or agents of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; and
- you are solely responsible for use of the Services and, if applicable, for all activities that occur on or through your user account.
3. Identity verification
Given that Xend Launchpad is a permissionless and fully decentralised platform for token sales, we have no role in enforcing anti-money laundering (“AML”) and know-your-customer checks (“KYC”) by default. We, however, understand the need of some token projects to require AML and KYC procedures on their token sale participants and we do provide some AML and KYC tools for fundraising entities using Xend Launchpad to enforce such procedures on their users, if the token projects choose to do so at their own discretion. The token projects will determine whether any user will satisfy the AML and KYC procedures in their absolute sole discretion.
We and our affiliates may, but are not obligated to, collect and verify information about you in order to keep appropriate records of our customers, protect us and the community from fraudulent users, and identify traces of money laundering, terrorist financing, fraud and other financial crimes, or for other lawful purposes.
All customers who wish to use the Services are required to establish an Account by:
- providing your name, email address, phone number and country of residence;
- certifying that you are 18 years or older;
- verifying your identity by submitting the following documentation (Xend Launchpad reserves the right to request additional information as needed): a government-issued ID with your full name, date of birth and social security number (or identification number); an address proof stating your current physical address; and a selfie picture from your webcam or mobile phone.
Notwithstanding the above minimum verification procedures, we may require you to provide or verify additional information before permitting you to use any Service. [Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main Account at any given time.] We may refuse, in its sole discretion, to open an Account for you. We may also: (a) suspend, restrict, or terminate your access to any or all of the Services; (b) deactivate or cancel your Account; or (c) blacklist you from opening any future Accounts with us, if we reasonably suspect you of using your Account in connection with any prohibited use or business; your use of your Account or our Services is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your activity; or you take any action that we deem as circumventing our controls, including, but not limited to, opening multiple accounts or abusing promotions which we may offer from time to time.
After registration, you must ensure that the information is true, complete, and timely updated when changed. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, we reserve the right to send you a notice to demand correction, directly delete the relevant information, and as the case may be, terminate all or part of the Services we provide for you. You shall be fully liable for any loss or expense caused to us during your use of the Services. You hereby acknowledge and agree that you have the obligation to keep all the information accurate, update and correct at all times.
We reserve the right to confiscate any and all funds that are found to be in violation of relevant and applicable AML or CFT laws and regulations, and to cooperate with the competent authorities when and if necessary.
- You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you may NOT:
- Use the Services in any dishonest or unlawful manner, for fraudulent or malicious activities, or in any manner inconsistent with these Terms;
- Violate applicable laws or regulations in any manner;
- Infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of Xend Launchpad;
- Use the Services to transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or computer code designed to adversely affect the operation of any computer software or hardware;
- Use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy, monitor, replicate or bypass the Site or the Services;
- Make any back-up or archival copies of the Site or any part thereof, including disassembling or de-compilation of the Site;
- Violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using the Services;
- Use the Services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
- Attempt to access any part or function of the Site without authorization, or connect to the Site or Services or any Xend Launchpad servers or any other systems or networks of any the Services provided through the services by hacking, password mining or any other unlawful or prohibited means;
- Probe, scan or test the vulnerabilities of the Site or Services or any network connected to the properties, or violate any security or authentication measures on the Site or Services or any network connected thereto;
- Reverse look-up, track or seek to track any information of any other Users or visitors of the Site or Services;
- Use any devices, software or routine programs to interfere with the normal operation of any transactions of the Site or Services, or any other person’s use of the Site or Services; or
- Forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Xend Launchpad or the Site.
- By accessing the Services, you agree that we have the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice.
5. Xend Finance Services and Staking
We provide a staking or deposit service in which Users can delegate or deposit their cryptocurrencies like USDT, BUSD tokens or XEND tokens to receive xPower in exchange for a share of rewards on the Xend Launchpad platform. You will input the amount of XEND tokens to be staked on the platform. Once the staking instructions are confirmed, the system will record such instructions. When the Xend Launchpad Site connects with your wallet, you will be able to view your tier based on the number of xPower held in your wallet. We note that xPower is a ‘score’ that is calculated based on the amount of XEND tokens that you stake, together with, the period of your lock-up time of such XEND tokens and the amount in $USD saved on Xend Finance DeFi protocol. Your Tier level (ranging from 1 to 5) will affect the number of Initial DEX Offering ("IDO”) tokens that you will receive. For Tiers 1-3, allocation to xPower users will be given based on a fair lottery system, whilst allocation for Tier 4 and Tier 5 xPower users will be distributed to all participants on a pro rata basis within their respective Tier level.
You acknowledge that we cannot promise or guarantee the certain amount of the reward received from staking your XEND tokens in order to engage in any fundraising project event. You shall conduct your own due diligence work in relation to each fundraising project and fully understand the significant information and conditions prior to participating in such an event such as the allocation date, the underlying technology, the features and functions of such project tokens.
You further acknowledge and agree that we have sole discretion to reject your participation in staking, in the event that you are unable to fulfil your identity verification requirements or for any other suspicious activity detected while participating in our Services.
In the event that you wish to unstake or withdraw your xPower and gain the reward, you will provide unstaking instructions through our Site. You acknowledge and agree that when you unstake your XEND tokens, you can only unstake the whole of your XEND tokens in its entirety (i.e. 100% of the relevant tokens). The delivery time of such unstaked XEND tokens into your ERC20 wallet may vary based on time of day of the request and execution. You further acknowledge and agree that once you unstake your entire XEND tokens, your balance of xPower will revert back to zero and you will no longer (i) maintain the Tier level that you had previously been allocated, (ii) receive any benefits or rewards associated with your previous xPower Tier, or (iii) have any access to upcoming IDO fundraising projects.
We shall not be liable for any losses caused by timing differences associated with the actual delivery of any IDO tokens. You acknowledge and agree that we reserve the right to amend any terms related to any specific staking protocol implemented by us at any time in our sole discretion. We shall not be liable for any losses due to your misunderstanding of the terms and conditions of our staking protocol terms and changes to such terms. We shall also not be liable for any third party intrusions, unauthorised access, hacks or attacks on Xend Launchpad staking protocol that may result in a complete loss of funds that a xPower user may incur during the staking of XEND tokens. You acknowledge and agree that staking your XEND tokens potentially carries a degree of such risk and may lead to a loss of value of your XEND tokens.
- Xend Launchpad may terminate, suspend, or modify your access to the Services, or any portion thereof, immediately and at any point, at its sole discretion.
- Xend Launchpad will not be liable to you or to any third party for any termination, suspension, or modification of your access to the Services.
- Upon termination of your access to the Services, these Terms shall terminate, except for those clauses that expressly or are intended to survive termination or expiry.
- OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. XEND LAUNCHPAD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE SERVICES, INCLUDING MOBILE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE AND WILL NOT BE LIABLE FOR ANY LOSSES RELATING THERETO. XEND LAUNCHPAD DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR ANY MATERIALS OF XEND LAUNCHPAD ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF XEND LAUNCHPAD OR ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:
- ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF XEND LAUNCHPAD OR ITS AFFILIATES;
- ANY AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR SERVICES, OR IN CONNECTION WITH THIS AGREEMENT;
- ANY INACCURACY, DEFECT OR OMISSION OF ANY DATA OR INFORMATION ON THE SITE;
- ANY ERROR, DELAY OR INTERRUPTION IN THE TRANSMISSION OF SUCH DATA;
- ANY DAMAGES INCURRED BY ANY ACTIONS, OMISSIONS OR VIOLATIONS OF THESE TERMS BY ANY THIRD PARTIES; OR
- ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY XEND LAUNCHPAD.
- EVEN IF XEND LAUNCHPAD KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, ACTUAL FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW OR EXCEPT IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS PROVISION WILL SURVIVE THE TERMINATION OF THESE TERMS.
- WE MAKE NO WARRANTY AS TO THE MERIT, LEGALITY OR JURIDICAL NATURE OF ANY TOKEN SOLD ON OUR PLATFORM (INCLUDING WHETHER OR NOT IT IS CONSIDERED A SECURITY OR FINANCIAL INSTRUMENT UNDER ANY APPLICABLE SECURITIES LAWS).
8. Intellectual property
All present and future copyright, title, interests in and to the Services, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights that exist in or in relation to the use and access of the Site and the Services are owned by or otherwise licensed to Xend Launchpad. Subject to your compliance with these Terms, we grant you a non-exclusive, non-sub license, and any limited license to merely use or access the Site and the Services in the permitted hereunder.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right in or license to our or any other third party’s intellectual rights.
If and to the extent that any such intellectual property rights are vested in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
You agree and acknowledge that all content on the Site must not be copied or reproduced, modified, redistributed, used, created for derivative works, or otherwise dealt with for any other reason without being granted a written consent from us.
Third parties participating on the Site may permit us to utilise trademarks, copyrighted material, and other intellectual property associated with their businesses. We will not warrant or represent that the content of the Site does not infringe the rights of any third party.
9. Independent Parties
Xend Launchpad is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership or franchise between the parties.
- You agree to indemnify and hold harmless Xend Launchpad and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors from and against any potential or actual claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to:
- your use of, or conduct in connection with, the Site or Services;
- your breach or our enforcement of these Terms; or
- your violation of any applicable law, regulation, or rights of any third party during your use of the Site or Services.
- If you are obligated to indemnify Xend Launchpad and its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors pursuant to these Terms, Xend Launchpad will have the right, in its sole discretion, to control any action or proceeding and to determine whether Xend Launchpad wishes to settle, and if so, on what terms.
- Your obligations under this indemnification provision will continue even after these Terms have expired or been terminated.
- You acknowledge that the Services contain Xend Launchpad and its affiliates’ trade secrets and confidential information. You agree to hold and maintain the Services in confidence, and not to furnish any other person any confidential information of the Services or the Site.
- You agree to use a reasonable degree of care to protect the confidentiality of the Services. You will not remove or alter any of Xend Launchpad or its affiliates’ proprietary notices.
- Your obligations under this provision will continue even after these Terms have expired or been terminated.
12. Anti-Money Laundering
Xend Launchpad expressly prohibits and rejects the use of the Site or the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations. By using the Site or the Services, you represent that you are not involved in any such activity.
13. Force Majeure
Xend Launchpad shall have no liability to you if it is prevented from or delayed in performing its obligations or from carrying on its Services and business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation, or direction.
14. Jurisdiction and Governing Law
- The parties shall attempt in good faith to mutually resolve any and all disputes, whether of law or fact, and of any nature whatsoever arising from or with respect to these Terms.
- These Terms and any dispute or claim arising out of or in connection with the Services or the Site shall be governed by, and construed in accordance with, the laws of the British Virgin Islands.
- Any dispute that is not resolved after good faith negotiations may be referred by either party for final, binding resolution by arbitration under the arbitration rules of the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the notice of arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one (1). The arbitration proceedings shall be conducted in English.
- If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue in effect.
- If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to [email protected].
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including any right or obligation related to the enforcement of laws or the change of control. We may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
18. Third Party Rights
No third party shall have any rights to enforce any terms contained herein.
19. Third Party Website Claimer
BY MAKING USE OF OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF ENCRYPTED OR DIGITAL TOKENS OR CRYPTOCURRENCIES WITH A CERTAIN VALUE THAT ARE BASED ON BLOCKCHAIN AND CRYPTOGRAPHY TECHNOLOGIES AND ARE ISSUED AND MANAGED IN A DECENTRALIZED FORM ("DIGITIAL CURRENCIES”); (B) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF THE SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES; AND (C) XEND LAUNCHPAD SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. AS WITH ANY ASSET, THE VALUES OF DIGITAL CURRENCIES ARE VOLATILE AND MAY FLUCTUATE SIGNIFICANTLY AND THERE IS A SUBSTANTIAL RISK OF ECONOMIC LOSS WHEN PURCHASING, HOLDING OR INVESTING IN DIGITAL CURRENCIES.