|
Terms & Condition
Terms Of User Agreement
Legal Statement And Acceptable Use Policy Of www.XYZgold.com and all related sites owned, operated or controlled by XYZgold
Definitions used in this agreement
• "XYZgold":
YEKE LTD, AND/OR ANY OF THEIR SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SITE OPERATORS, EMPLOYEES AND/OR MANAGERS, ALL WHO ARE ACTING DIRECTLY OR INDIRECTLY
• "Service" or "Services":
XYZgold and its affiliates services.
• "Site" or "Sites":
XYZgold and its affiliates web sites.
• This site is owned and operated by YEKE LTD., Agiou Andreou 332, Patrician Chambres, CY3035 Limassol, Cyprus.
• All financial transaction are processed through YEKE LTD., Agiou Andreou 332, Patrician Chambres, CY3035 Limassol, Cyprus.
General
You may not use the Services until you have read this Agreement and indicated your unconditional acceptance of it by clicking the "I Agree" button. As used in this Agreement, the terms you, your or user are synonymous, and refer to the person using the Services in any way. A registered user is a user who was interested in the Services of XYXgold and from whom XYZgold has received the information. A paid registered users is a registered users who paid for some or all the Services of XYZgold according to the terms and conditions of this Agreement.
XYZgold service and sites are accessible worldwide to anyone with Internet access. Access to and use of the Services and the Sites are subject to the terms and conditions of this agreement including all terms of use and copyright notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. XYZgold and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
Limited warranty
The Service and the Sites contain information, facts and opinions from various individuals, companies, organizations and governmental agencies. THE SERVICE AND THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER XYZgold. NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SERVICE OR THE SITES. You acknowledge that the operation and availability of the communications systems used for accessing and interacting with the Services (e.g., the public telephone, computer networks and the Internet) can be unpredictable and may, from time to time, interfere with or prevent access to services or their operation. XYZgold is not in any way responsible for any such interference with or prevention of your use of or access to services. Except to the extent of the limited warranty (of calculation accuracy) described above, the entire liability of XYZgold for any reason shall be limited to the amount paid by you for the Services purchased from XYZgold. To the maximum extent permitted by applicable law, XYZgold is not liable for any indirect, special, incidental, or consequential damages, Whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if XYZgold have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose. The limitations of damages or liability set forth in this Agreement are fundamental elements of the basis of the bargain between XYZgold and you. You acknowledge and agree that XYZgold would not be able to provide the Services on an economic basis without such limitations.
You are aware that XYZgold is not liable for not rendering the Service due to a third party act, omission to act, negligence, tort, breach of contract, breach of warranty, technical error, and/or any other third party liability.
Own risk
Your use of the Service and the Sites is at your own risk. XYZgold SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST XYZgold, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
Information you post
Any communication or material you post or transmit to the Service and/or the Sites is, will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant XYZgold and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose. XYZgold and its affiliates do not review or monitor any web sites linked to the Service and the Sites and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board, chat room or on any other user or member generated pages, that information can be collected and used by others and may result in unsolicited messages from other parties. The Service and the Sites may include bulletin boards, chat rooms and other user and member created pages which allow you and other users and members to post information, provide feedback to XYZgold and its affiliates, and interact in real-time. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold harmless XYZgold, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any material that you post or transmit. Although XYZgold and its affiliates may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and other user and member generated pages on the Site, neither XYZgold nor its affiliates is under any obligation to do so. You acknowledge that XYZgold and its affiliates do not control the information available on the bulletin boards, chat rooms and other user and member generated pages and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board, chat room or on any other user or member generated pages are those of their respective authors who are solely liable for their content. XYZgold and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms, bulletin boards or on any other user or member generated pages.
Security
In case you will have a personal account in XYZgold, then this Account Information is password-protected for your privacy and security. In certain areas XYZgold uses industry-standard SSL-encryption to protect data transmissions.
Confidential Information
Please note that, with the exception of credit card numbers, XYZgold does not want to receive confidential or proprietary information from you through the Web sites. Any non-personal information or material sent to XYZgold will be deemed NOT to be confidential. By sending XYZgold any non-personal information or material, you grant XYZgold an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that XYZgold is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
Your responsibility
It is your responsibility to provide ALL the requirements on time.
Fees & refund policy
- Refunds will be given at the discretion of the XYZgold Management.
- If, for any reason, you wish to cancel your transaction or apply for a refund, please make every effort to inform us as soon as possible.
- If you are totally dissatisfied with the service you have received, we will consider your case and refund your purchase so long as your reason is valid. To apply for a refund please enter the Contac Us page(www.xyzgold.com/contact.aspx)
- After purchase you will receive an e-mail notification. We recommend the cardholder to print out all transaction data and the payment methods in order to avoid misconceptions and discussions at a later time and keep them at an easily accessible place.
- XYZgold Customer Service department will do its best to answer all customer queries within four working days
- All orders will be effected immediately
- Fulfillment to the contract is, when payment is made and confirmed by us.
- Fee paid within the first 45 days is refundable with a deduction of 10% cancellation fee or a € 10 fee (the highest of the two), unless one of the following exceptions are relevant and then there will be no refund (no recoverable of fee paid). Fee paid is NOT recoverable if rendering the Service is made impossible by any events beyond the control of XYZgold (For example, including, but not limited to, Act of War, Acts of Nature, Technological limitations, economical Resources, Legislative or procedural change and/or State Action or omission and/or any third party action or omission). Fee paid is not recoverable if the status of the application was or is "Not Complete & Checked", "Complete & Authorize", "Submitted & Waiting for Results", or "Win". Fee paid in cash, Western Union, bank transfer, checks or any other payment option which is not online is not recoverable. Fee paid is not recoverable if the client downloaded the product/Service. Fee paid is not recoverable if XYZgold have already shipped the product to the client, unless the client have shipped it back to XYZgold and XYZgold have received the product.
- By paying to XYZgold you understand and agree to the refund policy specified herein.
- Clients that pay via credit card will be automatically charged upon purchase.
Use of service - General
The payment of all fees and charges to XYZgold, if applicable, must be made by a valid credit or charge card and/or other forms of accepted payments, except as otherwise provided herein, all fees and charges are non-refundable unless specifically specified otherwise. You are the only person authorized to use your user identification and password, and shall not permit or allow other persons to have access to or use the same. You are responsible for the use of the Services under your user identification number, and for maintaining the confidentiality of your user identification and password. For security purposes, unless otherwise noted, XYZgold will not disclose your user identification or password if you lose or forget it other than by sending it to your email address as provided during registration. Although it has taken significant measures to ensure the security of information submitted by you in using the Services, XYZgold cannot guarantee the security of information collected during your use of the Services and shall not be liable in any way for a compromise of your data.
Modifications
XYZgold has the right at any time and for any reason to modify or discontinue any aspect or feature of the Services, including but not limited to its content, functionality, availability, or its pricing.
Trademark Information
The trademarks, logos and service marks ("Marks") displayed on this Web site are the property of XYZgold or other third parties. You are not permitted to use the Marks without the prior written consent of XYZgold or such third party which may own the Marks. "XYZgold" is a registered trademark of XYZgold. Other product and company names mentioned herein may be the trademarks of their respective owners. Nothing contained in these Web pages should be construed as granting or permitting any right to use such trademarks.
Copyrights Notice
The information on this Web site is protected by copyright: Copyright © 1998 - 2009 XYZgold. All rights reserved. The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of XYZgold or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of XYZgold or the appropriate affiliate.
Miscellaneous
XYZgold shall have the right to immediately terminate your access to or use of the Services in the event of any activities which are in breach of this agreement or conduct which, in XYZgold's judgment, interferes with the operation or use of the Services (e.g., excessive usage of the Services which disrupts the use of the Services by other users). Termination of this agreement automatically terminates your license and authorization to use and/or access Services and any content or other material contained therein. This agreement (including any related content on the Services, such as the introductory and welcome pages, which by this reference are incorporated herein) set forth XYZgold's entire liability and your exclusive remedy with respect to the Services, and is a complete statement of the agreement between you and XYZgold. This agreement does not limit any rights that XYZgold may have under trade secret, copyright, patent or other laws. The employees of XYZgold are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on XYZgold, except in writing signed by an authorized officer of XYZgold. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. You agree that XYZgold is permitted to access and use any other information provided by you to perform the Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services to you. XYZgold is privately owned.
Version 10.1 - Last updated January, 2009
|
|
|