Terms & Condition
Last Update: February 2024
These General Terms and Conditions ("Terms") govern your (“User”, “you”, “your”) access to and use of the XERA platform ("Platform", “XERA”, "we," "our," or "us"). By accessing or using the Platform, or any services provided by the Platform, you agree that you have read, understood, and accepted all of the Terms stipulated in this agreement. In addition to these Terms, please be aware that certain aspects of our services are governed by separate terms and conditions that apply to our Users, including our Privacy and Cookies Policy, as well as other related terms and conditions. To participate in our services, you must also accept and adhere to these separate terms and conditions. These separated documentations on policies are an integral part of these Terms. These Terms may be made available in several languages; all versions are legally binding, but in the event of inconsistency between the English version and a translated version, the English version prevails.
DEFINITION
“2access” refers to an intermediary platform that operates as a unified single sign-on platform (SSO) enabling Users to access the Platform and third-party partner services (“ Third Party Partner Websites”), which encompasses platforms such as XERA, and the Third Party Partner Websites.
“Third Party Partner Websites” refers to our collaborative partners with whom you can engage to use services, buy hardware products, and access rewards, benefits, or commission-based services.
“Account” refers to the account created on the 2access platform.
“EURK” refers to the internal virtual point provided in the Platform and rewards according to the structure described in the Platform.
“User” refers to any natural person who has attained the age of eighteen (18) with legal capacity and/or any legal entity who successfully enters the platform and/or Third Party Partner Websites.
SERVICES ON XERA’S PLATFORM
XERA Platform is an internet-based digital service that provides Users with a comprehensive overview of the rewards and benefits stemming from their active participation in the Third Party Partner Website services, when this participation takes place using these sites through the User’s Account. This unique Platform serves as a personalized dashboard, endowing Users with the authority to seamlessly monitor, supervise, and visually comprehend the earnings they amass through the Third Party Partner Websites.
In the Platform, earnings are achieved by actively introducing or referring new individuals ("member(s)") to the suite of services furnished by the Third Party Partner Websites. New individuals shall be subject to separate validation and sing-on procedures in order to become eligible as members of the Platform or on Third Party Partners Websites.
Users agree and acknowledge that the rewards earned by participating in the Third Party Partner Websites are prominently displayed within the interface of the XERA Platform. Significantly, the Platform allows for the facile transfer of these rewards from the XERA Platform to the Third Party Partner Websites. This streamlined transfer process grants Users the flexibility to either withdraw their accumulated rewards or use them to repurchase products and services utilizing the Third Party Partner Websites.
ELIGIBILITY
User refers to either a natural person who is at least 18 years of age, possessing legal capacity and the requisite authority to agree to these Terms, or a legal entity with the necessary authorization to enter into these Terms.
Eligibility requirements for accessing certain Third Party Partner Websites may vary. Users are aware that some of these Third Party Partner Websites may allow minors to access their services with certain conditions to be fulfilled. Users should carefully review and comply with the specific terms and conditions, age restrictions, and guidelines of each Third Party Partner Website they intend to visit. It is the User's responsibility to ascertain their eligibility and adhere to any age-related restrictions or guidelines as specified by the respective Third Party Partner Website. The Platform does not assume liability for any disparities in eligibility criteria among Third Party Partner Websites. Users are encouraged to contact the particular Third Party Partner Website directly for clarification on their -User acceptance policies and internal regulatory policies. Your access to XERA and Third Party Partner Websites through our Platform is contingent upon your compliance with these Terms and Conditions and the respective Third Party Partner Website's terms and conditions, along with any applicable laws and regulations governing the jurisdiction where the User is located.
We reserve the right not to accept any and/or all individuals, organizations, groups, and/or countries that have established and/or possible connections to predicate offenses and/or sanctions imposed by the Office of Foreign Assets Control (OFAC), European Union (EU), United Nations Security Council (UNSC), the Organization for Security and Cooperation in Europe (OSCE) and other in-country local lists, including but not limited to sanctions lists and terrorist lists.
If a User decides to use the platform or Third Party Partner Websites, being geographically located in countries sanctioned by -the Office of Foreign Assets Control (OFAC), European Union (EU), United Nations Security Council (UNSC), the Organization for Security and Cooperation in Europe (OSCE) and other in-country local lists, the User automatically becomes obliged to follow all local and international regulations, subject to the type of sanctions provided for in the respective lists.
All Users originating from jurisdictions with any type of government or international restrictions on blockchain-related businesses are fully obliged to comply with applicable regulations. The User is responsible for any civil or criminal liability derived for acting in contradiction with such local or international restrictions.
ACCOUNT SETUP
To establish an Account within the XERA, Users are required to complete the registration procedure on the 2access Platform http://www.2access.io/. Upon registration through 2access platform, all Users will be subjected to a specified onboarding process designed to facilitate its internal onboarding experience. As part of this process, all Users agree to create a robust password and preserve his/her/they credentials and account from any unauthorized access. Users agree to be bound by the specific 2access’s Platform Terms and Conditions, Privacy Policy and Cookies Policies any additional legal documentation placed by 2access to regulate its interactions with Users.
REWARDS AND BENEFITS THROUGH REFERRALS AND PLATFORM USE
XERA offers services related to rewards, benefits, and commissions stemming (“Services”) from the active participation of members in Third Party Partner Websites. These rewards are calculated by considering a diverse array of factors displayed in the Platform.
To be entitled to these rewards, benefits, and commissions Users are required to transact using EURK. This ensures their eligibility for the rewards and benefits offered through the Platform.
Users will receive rewards for referring other Users, who become members of the XERA Platform, earning incentives for each purchase on Third Party Partner Websites and calculated through the referral program.
Only one sponsor is allowed to act as such for each referee. Modifications or changes of sponsors are not allowed, which is to say it is forbidden for referees to change their sponsors, otherwise they will be subject to losing the amount or earnings accumulated during their participation in the referral program.
USER OBLIGATIONS
Users are obligated to refer to members who genuinely have an interest in the services or products offered by the Third Party Partner Websites through the XERA.
Users shall provide accurate and transparent information when referring other members to the Services.
Users are required to adhere to ethical guidelines while promoting the referral program and our Services. This includes refraining from participating in activities such as spamming, providing misleading information, or any other actions that could be perceived as dishonest or manipulative, including but not limited to executing and/or promoting pump and dump private or public groups in any social media, spreading misleading information about XERA, its shareholders, directors, employees, representatives, other Users and/or the Third Party Partner Websites associated to the Platform.
Users shall carefully review and adhere to the terms and conditions of the referral program as outlined by XERA and across all the Third Party Partner Websites. Therefore, Users shall read, understand, and comply with rules, terms, conditions, and requirements governing their participation in the Platform or in the Third Party Partner Website.
RISK DISCLOSURE
By choosing to participate in the Services provided by XERA, you acknowledge and understand that there are inherent risks associated with such participation. These risks include but are not limited to:
Referral Outcomes: The success of your referrals and the associated rewards, benefits, and ranking positions are subject to your participation and decisions. Not all referrals may result in rewards or benefits, and outcomes may vary on a case-by-case basis and the individual interaction of each member with the services and products provided in the Platform or in the Third Party Partners Websites.
User Conduct: Your participation requires compliance with ethical guidelines and responsible promotional practices. Engaging in spam, misinformation, or unethical behavior shall lead to the forfeiture of rewards and potential removal from the program.
Market and External Factors: The value of rewards and benefits, as well as the availability of the Services itself are influenced by market conditions, technological changes, regulatory developments, and other external factors beyond the control of XERA and its associated Third Party Partners Websites.
By proceeding with participation in our Services, you confirm that you are engaging in the referral program and Services at your own knowledge, risk, and discretion. You understand that XERA does not provide any guarantees regarding the outcomes, rewards, or benefits of your referrals or your engagement with the services and products offered in the Platform or Third Party Partner Websites. Users acknowledge that the value and availability of rewards might be subject to fluctuation based on market conditions and demand.
Participation in our Services is a voluntary endeavor, and you are solely responsible for the decisions you make as a participant and member of the Platform. Users are obliged to carefully evaluate the risks and rewards, and seek independent and professional advice accordingly. XERA is not liable for any losses, damages, or negative outcomes resulting from your participation in our Platform.
User further agrees and acknowledges that the Platform reserves the exclusive and ultimate authority to modify a User's affiliate programs. These actions are subject to specific criteria predetermined by XERA. By participating in the Platform and our Services, Users further agree and acknowledge the potential adjustments to their ranking levels. Users are thus advised to recognize the inherent risks associated with such hierarchical modifications and their implications, as part of their engagement with Platform.
By continuing to participate in our Platform and our Services you indicate your acceptance of the risks and terms outlined in this disclosure clause. If you are uncertain about any aspect of our Services, it is advised that you refrain from participating and seek further clarification.
Users hereby acknowledge and understand that the receipt of rewards, benefits, or commissions through participation in referral activities or any of the Services provided by us through our Third Party Partner Websites, or our Platform may entail potential tax obligations in the User’s respective jurisdiction. Any tax liabilities arising from such rewards, benefits, and the interactions with the referral program are the sole responsibility of the User. The Platform and Third Party Partner Websites bear no liability for the User's tax reporting, payment, or compliance with applicable tax laws. Users shall seek advice and guidance from qualified tax professionals to accurately determine their tax obligations and to remain informed about any changes in tax regulations that could affect their tax reporting and accounting duties.
INTELLECTUAL PROPERTY
All content, materials, logos, trademarks, and any other intellectual property, registered or unregistered, provided by XERA for promotional purposes remain the exclusive property of XERA. You are granted a limited, non-exclusive, non-transferable use of these assets, materials, and intellectual property solely for information and educational purposes about the referral program.
Any content created by Users as part of their participation in the referral program, and our Services including testimonials, reviews, and promotional materials, may be used by XERA for marketing and promotional activities. By providing such content, you grant XERA non-exclusive, royalty-free, worldwide products to use, reproduce, distribute, and display the content in connection with the referral program.
You agree to respect the intellectual property rights of XERA and Third Party Partners Websites of the Platform. You shall not modify, alter, reproduce, distribute, or create derivative works based on the provided intellectual property without prior written consent from XERA.
Unauthorized use of XERA's intellectual property, as well as any infringement upon the intellectual property rights of others in the course of interacting and or engaging with the referral program, is strictly prohibited. Such actions may result in the termination of your participation in our Services and potential legal consequences.
INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless XERA, its affiliates, shareholders, directors, employees, representatives from and against any claims, liabilities, damages, losses, expenses, and costs, including reasonable attorney's fees, arising from or related to your participation in the referral program. Your liability for such acts includes but is not limited to (i) any breach of the terms and conditions, (ii) any violation of third-party rights, (iii) any unauthorized use of intellectual property, and (iv) any negligence or willful misconduct on your part.
If a claim is made or threatened against XERA, you shall promptly notify XERA in writing and provide all necessary information and cooperation to defend the Platform against such claims or threats. XERA reserves the right to assume full control in the defense and settlement of any claim.
LIMITATION OF LIABILITY
You acknowledge and agree that your participation in our Services at XERA is voluntary, and you assume full responsibility for any risks or consequences associated with your actions. In no event shall XERA be held liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from your participation in the referral program, including but not limited to the outcomes of your referrals or the use of the provided intellectual property.
By continuing to participate in our Platform, you confirm you understand the indemnification terms and obligations outlined in this clause. You acknowledge that XERA's reliance on your compliance with these terms is essential for the proper functioning of the program. This indemnification clause is an integral part of the overall terms and conditions governing your participation in the referral program.
MODIFICATIONS
We are continuously working to develop and enhance our Platform and Services. XERA reserves the discretion to amend, limit access to, or terminate at any time and without notice any and/or all of the functionalities and Services offered in the Platform. We reserve the right to unilaterally, at any time without notice, amend or update these Terms or any of the legal documentation associated to these terms and or the use of the Platform. Your continued use of our Platform and Services after any of such modifications constitute your understanding, acceptance and consent on the modified Terms.
TERMINATION
Your participation in the Services offered by XERA and the termination of such participation is subject to the terms and conditions outlined below:
Your involvement in our Services is voluntary and can be terminated by you at any time by providing written notice to the XERA.
XERA reserves the right to terminate unilaterally your participation in the Services if you breach any of the terms and conditions, including but not limited to (i) engaging in unethical or misleading promotional practices, (ii) using unauthorized intellectual property, (iii) violating third-party rights, or (iv) any other actions deemed harmful or detrimental to the program or XERA's reputation.
XERA has the right to terminate your participation in the Services at any time with immediate effect in the event of intentional or inadvertent (i) unfair or fraudulent acts or practices, such as unfair competition, unfair advantage or any likelihood of confusion, and/or (ii) due to unfair, deceptive, untrue or misleading practices, such as inducing to enter into actions with untrue or misleading statements.
Upon termination, Users must cease all activities related to our Platform and Services and refrain from further use of XERA's intellectual property. Any rewards or benefits earned up to the date of termination will be subject to the terms outlined in the program.
Termination of your participation in the referral program and our Services shall not affect the survival of certain clauses, including but not limited to the intellectual property rights of XERA, indemnification, and limitation of liability clauses, which shall continue to be in effect after termination.
XERA has the right to terminate your participation in the Services at any time with immediate effect in the event of intentional or inadvertent (i) unfair or fraudulent acts or practices, such as unfair competition, unfair advantage or any likelihood of confusion, and/or (ii) due to unfair, deceptive, untrue or misleading practices, such as inducing to enter into actions with untrue or misleading statements.
FORCE MAJEURE
We shall not be held liable if we fail to comply with these Terms due to circumstances beyond our reasonable control. In no event shall XERA be responsible for inaccuracies, errors, delays, omissions, service disruptions, or interruptions in the Services, whether in transmission or delivery of information as required by these Terms. Such circumstances include but are not limited to, forces beyond the reasonable control of the XERA, such as governmental actions, regulatory developments, acts of terrorism, war, fires, disruptions in telecommunications or internet services, network provider issues, software malfunctions, network-wide compromises, hacking, strikes, labor disputes, accidents, civil or military disturbances, or any catastrophic events.
DISPUTE RESOLUTION AND GOVERNING LAW
Parties to these terms agree to resolve any disputes promptly and in an efficient manner within 30 (thirty) days after the dispute arises. In case of failure to reach an amicable solution in an amicable manner, a dispute resolution will be exclusively governed under the laws of the British Virgin Islands (BVI) and the relevant Terms and Conditions in this document.
CONTACT US
In the event of any comments, questions, inquiries, or complaints regarding these Terms, the User has the right to submit questions and/or concerns to support@xera.pro.
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