Terms And Conditions

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.

Intellectual Property

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.

User Accounts

Some of the Services require the users to create an account.  By creating an account, you represent and warrant that: 

  • all registration information you submit will be true, accurate, current, and complete; 
  • you will maintain the accuracy of such information and promptly update such registration information as necessary;
  • you have the legal capacity and you agree to comply with this Agreement; 
  • you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; 
  • you agree to keep your password confidential and will be responsible for all use of your account and password
  • you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; 
  • you will not use the Services for any illegal or unauthorized purpose; 
  • you will not create or have control and/or custody over multiple Xank Wallet accounts 
  • each mobile number and payment account shall only be linked to one Xank Wallet account. 
  • your use of the Services will not violate any applicable law or regulation.

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.

Earning CoinBack

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 user must have cookies enabled when accessing the Xank Wallet platforms and subsequently the merchant partners website.
  • The merchant partner’s website must be accessed via the Xank Wallet platform and not through opening a separate tab or browser. And the purchase must be completed within a given period of time without proceeding to another website.
  • The user must abide by this Agreement or the applicable merchant partner at all times and not engage in any dishonest or fraudulent conduct
  • Where the user believes that CoinBack has not been correctly credited they have 30 days to raise a request for an investigation.

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)

  • Postage and Handling is not included 
  • When purchasing promotion items, items on discount, discount codes/coupons or other promotions, the CoinBack earned is reduced or not provided at all.
  • Certain payment methods maybe excluded from CoinBack.
  • VAT, GST, Service tax or other government taxes maybe excluded.

See Merchant Partner policies for further details.

Merchant Partner Policies

When making any purchases from any merchant partner you agree that ;

  • Xank are not agents of the merchant partner.  The merchant partner operates independently and is not under our control.
  • Any products or services purchased from any merchant partner, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the return, cancelation, exchange, and shipping policies. 
  • Xank assumes no responsibility and is not liable for any content, products and/or services of the merchant partner including (but not limited to) quality, fit for use, merchantability and/or meeting any standards or regulations.
  • Your participation in offers or promotions of any merchant partner is solely between you and that merchant partner.
  • Xank is not liable for changes to, discontinuance of, withdrawal of or cancellation of any amount of CoinBack to be earned from a merchant partner whilst using the Xank Wallet platform.  Examples include (but not limited to) changes to promotions, offers, accrual rate of CoinBack.  ie if the merchant partner for any reason does not forward on the CoinBack then Xank is unable to pass this on to you.
  • Xank is not liable for changes, discontinuance or withdrawal of any merchant partner from the Xank Wallet platform.

CoinBack Balance adjustments.

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);

  • CoinBack has been incorrectly credited/debited from a user’s account.
  • A user has been found to be dishonest, fraudulent or has not complied with this agreement.

Redeeming CoinBack.

A user may redeem their CoinBack in the ways listed below subject to the terms and conditions in this agreements.

  • CoinBack transferred to a CryptoWallet. Currently, this is in the form of BitCoin and XankCoin.  
  • CoinBack transferred to Merchant Partner (Function not currently available)  

CoinBack terms and conditions for redemption. 

  • The dollar value of the CoinBack to be transferred from an individual account shall be more than or equal to the minimum redemption amount indicated in the Xank Wallet platform and communicated from time to time.  The exchange rate is taken from the coin price on ProBit Exchange at approximately 11 PM (KST)
  • The transfer of CoinBack must only be of one type. Eg BitCoin or XankCoin. Mixed transactions are not allowed do to the way Crypto transactions work.
  • The user must have maintained a valid and active account 
  • CoinBack from family, friends or other accounts cannot be pooled for redemption.
  • The minimum relevant information must be provided to process the redemption. (eg valid bank account number, paypal account or digital wallet address.)
  • For security purposes a maximum redemption of cash equivalent US$200 per 24 hour period.
  • The CoinBack held in our account does not constitute monies or cybercurrency held on trust by Xank for your benefit.  You do not gain any proprietary right over any monies, cybercurrency or assets held by Xank when you earn CoinBack in your account.
  • Your rights and entitlements to the CoinBack are solely limited to the contractual rights of repayment as may arise out of this agreement.

Term And Termination

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.

Taxes

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.

Personal Information

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:

  • Account and user related for administrative purposes. (eg account balance)
  • Promotional deals, competitions and special offers. eg friend referrals.
  • Shopping related marketing information and news from merchant partners.

Submissions

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. 

Limitations Of Liability

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. 

Indemnification

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: 

  • use of the Xank Wallet Platform and/or its Services; 
  • breach of this Agreement; 
  • any breach of your representations and warranties set forth in this Agreement; 
  • your violation of the rights of a third party, including but not limited to intellectual property rights; or 
  • any overt harmful act toward any other user of the Xank Wallet Platform with whom you connected. 

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. 

Warranty Disclaimer

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.

Governing Law And Dispute Resolution

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.

Waivers /Entire Agreement

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.