Please read the following terms and conditions of use carefully.
Xank offers users services (“Xank Wallet”) including but not limited to crypto coin rewards (“Coinback”) through Xank’s merchant partners and transactions of these coins. These services (the “Services”), can be accessed through Xank’s various media platforms including but not limited to its website, mobile website, browser extension, mobile application and other media forms. (the “Xank Wallet Platforms”). These Terms and Conditions of Use (the “Agreement”) documents the legally binding terms and conditions attached to the use of the Xank Wallet Platforms, the Services and associated user accounts. By using, accessing in any way, viewing or browsing our Xank Wallet Platform and our Services you hereby agree to be bound by the terms and all terms incorporated herein by reference.
It is the responsibility of you, the user, customer, or prospective customer to read the Terms and Conditions before proceeding to use our Xank Wallet Platform and our Services.
If you do not expressly agree to all of the Terms and Conditions, then please do not access or use our Xank Wallet Platform or our Services
Xank may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.
The Xank Wallet Platform and all of its original content are the sole property of Xank and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
Some of the Services require the users to create an account. By creating an account, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, incomplete or doesn’t abide by this Agreement we have the right to suspend or terminate your account, refuse any and all current or future use of the Services (or any portion thereof) and to forfeit any Coinback accumulated.
One of the services offered by Xank Wallet is the ability to earn Coinback by making purchases from our merchant partners through the Xank Wallet Platforms. To be credited with Coinback, the user must have created and logged into their account on the Xank Platform and comply with the following terms, conditions and requirements;
The Coinback % amounts to be earned will vary from merchant partner to merchant partner and is subject to the merchant partner’s own terms and conditions.
Coinback Exclusions:
The merchant partner may have specific exclusions from earning Coinback. Some examples include (but not limited to)
See Merchant Partner policies for further details.
When making any purchases from any merchant partner you agree that ;
Xank reserves the right. to make changes to the Coinback amounts (ie top-ups or deductions) from the balance in the users account where it is necessary, reasonable or appropriate to do so. This includes (but is not limited to);
A user may redeem their Coinback in the ways listed below subject to the terms and conditions in this agreements.
Coinback terms and conditions for redemption.
This Agreement shall remain in full force and effect while you use the Services.
We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP addresses) for any reason or for no reason including without limitation for breach of any representation, warranty, or covenant contained in this Agreement, fraud dishonesty or abuse relating to the use of the Services or of any applicable law or regulation. We may suspend or terminate your account and use of the Services which may result in deletion of your account (and its contents) and forfeiture of your accrued Coinback rewards.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
If the Xank Wallet account is inactive for a period more than a year with no successful transactions, then the Coinback accumulated in your Xank Wallet account shall expire.
You are responsible for any and all taxes that may apply to amounts earned from coinback you have redeemed. Xank recommends that you consult a tax advisor to ensure you understand any tax implications, if any from your Coinback redemption.
Xank collects users and discloses information about a user in order for Xank to provide the user with benefits and to undertake activities further set out in this clause. The Xank Privacy Policy provided on the Xank website contains more detailed information about how a user’s personal information is processed.
Communication and Marketing consent.
By becoming a user of Xank Services, the user provides their express consent for Xank to send communications that are:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of our Services, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to [the lesser of] [the amount paid, if any, by you to us during the month period prior to any cause of action arising [or] US$100.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Notwithstanding the foregoing, we reserve the right, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The use of the Xank Wallet Platform and its Services are at the sole and are provided on an “as is” and/or “as available” basis and without warranty of any kind, whether expressed or implied, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement.
We make no warranty that the Services or Xank Wallet Platform will meet your requirements; shall be uninterrupted, timely, secure or error-free; accurate or reliable; be of quality will meet your expectations; and that any such errors contained in the Xank Wallet Platform shall be corrected.
Xank does not warrant guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its merchant partners in conjunction with the services.
This Agreement and the use of the Services are governed by and construed in accordance with the laws of the Republic of Korea.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration administered by the Republic of Korea Arbitration centre in accordance with arbitration rules of the Republic of Korea Arbitration centre in force at the time.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The language of arbitration can be in Korean or English. You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation, and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
These Terms and Conditions and any policies or operating rules posted by us on the Xank Wallet Platforms constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
We reserve the right to modify this Agreement at any time. Your continued use of any of the Services or continued maintenance of an account with Xank Wallet Platform shall constitute and be deemed to be your acceptance of such modifications and your consent to abide by any terms thereof.
