Terms Terms

Last updated: 12 May 2022

General

This app and its website https://xctualyfe.com/ (“Xctualyfe”) are owned and operated by Xctuality Pte Ltd Pte. Ltd. (Singapore Company Registration Number: 201802286C) (“Xctuality Pte Ltd”). For the avoidance of doubt, the words “we,” “us” and “our” refer to Xctuality Pte Ltd.
Your access or use of Xctualyfe is subject to these terms of use (“Terms of Use”).
By accessing or using Xctualyfe including but not limited to browsing Xctualyfe, making enquiries, making payments online or by making any other interactions via Xctualyfe, you are deemed to have accepted and agreed to be bound by these Terms of Use.
You are responsible for all access to Xctualyfe using your internet connection, even if the access is made by another person.
Xctuality Pte Ltd may make changes to these Terms of Use from time to time. All changes of the revised version of these Terms of Use will be posted on Xctualyfe. Your continued use of Xctualyfe after such changes have been made will constitute your acceptance of those changes.
Xctuality Pte Ltd reserves the right to restrict your access to Xctualyfe or part of it. Access to restricted areas of Xctualyfe may be subjected to registration and other conditions. If Xctuality Pte Ltd grants you permission to access a restricted area, Xctuality Pte Ltd may withdraw that permission at any time.
Xctuality Pte Ltd reserves the right to amend or remove any information uploaded by you from Xctualyfe if Xctuality Pte Ltd decides in its sole discretion that such information is false, incomplete, inaccurate, not up-to-date, misleading, breaches any laws or these Terms of Use, or causes Xctuality Pte Ltd to be in breach of any laws or its agreements with other persons.
Xctuality Pte Ltd may post information relating to investment strategies and opportunities from time to time. For the avoidance of doubt, the information that Xctuality Pte Ltd posts relating to investment strategies and opportunities is not and will not be considered or relied upon as advice on investments, considered as solicitation of deals, or considered as inducements to invest in any products.
Xctuality Pte Ltd reserves the right to seek all remedies under the law for any violation of these Terms of Use.

Intellectual Property Rights

The intellectual property rights in Xctualyfe and all of the information, texts, pictures, videos and other contents made available on Xctualyfe are owned by Xctuality Pte Ltd and its licensors. You shall not print, transmit or otherwise make copies of any such content with the express prior permission of Xctuality Pte Ltd.
This Agreement does not transfer to you any intellectual property owned by Xctuality Pte Ltd or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Xctuality Pte Ltd. All trademarks, service marks, graphics and logos used in connection with Xctualyfe and Services, are trademarks or registered trademarks of Xctuality Pte Ltd and its licensors. Other trademarks, service marks, graphics and logos used in connection with Xctualyfe and Services may be the trademarks of other third parties. Your use of Xctualyfe and Services grants you no right or license to reproduce or otherwise use any of Xctuality Pte Ltd or third party trademarks.
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.

Accounts and Membership

If you create an account on Xctualyfe, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we suspend or terminate your account for the foregoing reasons, you may not re-register for our Services.
We may block your email address and Internet protocol address to prevent further registration.
Notwithstanding any of these terms, we reserve the right, without notice and in our sole discretion, to suspend or terminate your license to use and to block or prevent your access to and use of our services, particularly when in violation to our community standards, legal regulations, financial compliances and/or criminal investigations.

Wallets

You acknowledge and agree that Xctuality Pte Ltd has no control over any wallet that you may use in connection with your use of Xctualyfe. Xctuality Pte Ltd will not be responsible for any issues arising as a result of your failure to provide accurate details of your wallet.

Right of Access

Although Xctualyfe and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on Xctualyfe. Your linking to any other off-site resources is at your own risk.
You can access Xctualyfe as a visitor or as a registered user. You may browse the public-facing portions of Xctualyfe without registering an account with Xctuality Pte Ltd. However, you must register for an account in order to purchase the Xctuality Coins on Xctualyfe. You are required to provide your name, your email address and any other information as required by Xctuality Pte Ltd. Thereafter, you can login by using your username and password that you have created.
The information that you have provided are deemed to be true, accurate, complete, and up to date. You are responsible for the security of your account and password. Xctuality Pte Ltd will not be liable for any loss or damage arising from your failure to keep your information safely.
Xctuality Pte Ltd may refuse any request for the registration of an account and suspend or terminate an account at its sole discretion.
All requests or applications for the purchase of any virtual or crypto currency are subject to Xctuality Pte Ltd’s acceptance and in accordance with prevailing legal and financial regulations. Xctuality Pte Ltd reserves the right to amend, hold, cancel or refuse to process any request or application partly or fully in its sole discretion, in accordance with prevailing laws and regulations.
If you breach any provision under these Terms of Use, Xctuality Pte Ltd may without prejudice to any other remedies it has at law or under these Terms of Use do one or more of the following:
- restrict or prohibit your use of Xctualyfe; and
- suspend or terminate any services provided to you.

Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using Xctualyfe and Services or Content:

for any unlawful purpose;
to make any misrepresentations to us;
to solicit others to perform or participate in any unlawful acts;
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Xctualyfe and Services, third party products and services, or the Internet;
to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose; or
to interfere with or circumvent the security features of Xctualyfe and Services, third party products and services, or the Internet. We reserve the right to terminate your use of Xctualyfe and Services for violating any of the prohibited uses.

Representations and Warranties

By accessing or using Xctualyfe, you:

represent and warrant to Xctuality Pte Ltd that you are of legal age (13 years old and above), have the mental and legal capacity, and have the authority to use Xctualyfe and make submissions and requests and applications and all information provided by you to Xctuality Pte Ltd in connection with your use of Xctualyfe is accurate, current and complete and you agree to hold harmless and indemnify Xctuality Pte Ltd against any breach by you of any of the foregoing representations and warranties in accordance with the provisions of these Terms of Use;
represent and warrant, if you are acting on behalf of an entity, that the entity you are acting for is a duly incorporated or constituted entity under the laws of the country in which it is incorporated or constituted, and you have the capacity and authority to act on behalf of the entity in relation to Xctualyfe; and
are deemed to have read, understood, and accepted the terms and conditions of these Terms of Use.

Disclaimer of Warranties and Liabilities

To the fullest extent permitted by applicable law, in no event will Xctuality Pte Ltd, its affiliates, directors, officers, employees, agents, suppliers and licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Xctuality Pte Ltd and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash or cryptocurrency by you to Xctuality Pte Ltd for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Xctuality Pte Ltd and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of Xctualyfe and Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Severability

8:10 am Sun Sep 25

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

Notice, Changes and Amendments

We reserve the right to modify this Agreement or its terms related to Xctualyfe and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of Xctualyfe and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Any notice, request or other communication under these Terms of Use are to be in writing and can be delivered personally or by email to the intended recipient. To the fullest extent allowed by law, each party may serve legal documents, or any other documents related to legal proceedings on any other party in accordance with this clause.

Minors

Xctualyfe requires everyone to be at least 13 years old before they can create an account (in some jurisdictions, this age limit may be higher). Creating an account with false info is a violation of our terms. This includes accounts registered on the behalf of someone under 13.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using Xctualyfe and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use Xctualyfe and Services.

Contact Us

If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us via email at [email protected]

Effective Period

These Terms of Use are effective as long as Xctualyfe is active. Upon any breach of the terms under these Terms of Use, Xctuality Pte Ltd may at any time and for any reason, terminate your access to or use of Xctualyfe. If Xctuality Pte Ltd terminates your access to Xctualyfe, you will not have the right to bring any claims against Xctuality Pte Ltd or its affiliates with respect to such termination. Xctuality Pte Ltd and its affiliates shall not be liable for any termination of your access to Xctualyfe.

Governing Laws & Third Party Rights

These Terms of Use shall be governed and construed in accordance with laws of Singapore. You agree to submit to the jurisdiction of the Singapore Courts.
A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any provisions herein.

Jurisdictional Issues

Xctuality Pte Ltd makes no representation that the information provided on Xctualyfe is appropriate or available for use outside Singapore. If you choose to access Xctualyfe outside Singapore, you are responsible for your own risk and you shall take the necessary steps to comply with the applicable local laws. By using Xctualyfe, you agree that certain personal data of yours will be transferred and processed in Singapore.