This page (together with the documents referred to on it) sets out the terms and conditions (“Terms and Conditions”) on which you may make use of the Website (as defined below), whether as a guest or a registered user. This Website is owned and operated by Blink Ecommerce Pte Ltd (“XPayBack” ,”Company”, “us”, “we” or “our”).
Please read the following terms and conditions very carefully as your use of services and products on our website www.XPayBack.com (“our Website”) is subject to your acceptance of and compliance with the following terms and conditions.
By visiting our Website you agree that you have read acknowledged and confirmed the terms and conditions and agree at all times to be bound by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.
We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your accounts on our Website and/or to remove our mobile applications. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.
The following terms shall have the following respective meanings:
XPayBack is a eCommerce Marketplace App that lists deals from other shopping websites on the internet and affiliated merchant outlets. It is neither an online merchant nor does it source its own products and services. It is a user driven online shopping community that is created to provide a platform for users to collaborate, and share information ideas, views and experiences in order to make the best shopping experience. We make available products and services of different brands, merchants and dealers on a single platform to augment convenience of our users. XPayBack does not produce / purchase / manufacture any goods nor does it sell any goods. We do not promote a particular brand or work for a particular brand. Nothing contained herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking is at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers.
XPayBack would not be responsible, in any manner whatsoever, for any products /services ordered from our affiliated or nonaffiliated merchants. We suggest that you exercise utmost care and caution and carefully read the fine print associated with each such offer. All deals, coupons and promotions on our Website are subject to change without notice. XPayBack does not guarantee or endorse the accuracy of links, coupon codes, or any deals on this Website or any products and services or their usability, merchantability and suitability for your need and requirements. You agree to comply with all the rules and regulations that are applicable to your use of the Website, including, without limitation, those governing the transmission or use of any data, information or software.
The information and materials on our Website may contain typographical errors or inaccuracies. XPayBack reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.
Access to XPayBack through your computer/laptop as well as XPayBack applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to XPayBack products and services by way of updates, notifications, news, etc. and to keep you abreast of the latest deals, discounts, discussions and trends, as it may not be possible for you to have continued access to XPayBack through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of XPayBack. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.
The login procedure for access to XPayBack on XPayBack app is a standard one. You will be required to download the application and enter your XPayBack login details (Login id and password) to begin with. On entering your login details, your XPayBack account will be available for access in the same manner as accessed by you on your computer/laptop/tablet or any other similar device. We advise you to logout from your XPayBack app after using it to avoid unauthorised usage of your account or misuse of your login details or misuse of any other information or content associated with XPayBack. In event of loss or theft of your mobile phone, your XPayBack account may be accessed by unauthorised person which may lead to loss of confidential data contained in your XPayBack account or illegal operation of your XPayBack account. XPayBack shall not be responsible for any loss, claim, damage or liability arising out of unauthorised access gained by any person or loss of your mobile phone or unauthorised access gained by such person. XPayBack shall not be responsible or liable in any way for any dispute arising in this regard and any dispute may be defended by XPayBack entirely at the User’s risk as to cost and consequences. Also, the User will indemnify XPayBack for any loss, harm, damage or liability arising out of unauthorised usage of XPayBack app.In this regard, we request you to be cautious of bogus or fake mobile applications urging free or pre-paid download in the name of XPayBack or name similar to XPayBack.
XPayBack in this regard disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of:
As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the XPayBack Website or communicating with XPayBack through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the XPayBack Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cellphone/tablet. XPayBack does not guarantee continuous, uninterrupted or secure access to its Website or Mobile App.
XPayBack does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. XPayBack shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.
As you are aware that XPayBack does not directly source or sell the products and services offered on the Website, the modus operandi for purchasing a particular deal, voucher or merchandise would be that XPayBack will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/master card. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are redirected to enable the payment gateway. It is expressly clarified that XPayBack is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.
Additionally, security of your credit/debit/master card, net banking password or other unique payment password, bank account number, or other bank account details(“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. XPayBack shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.
XPayBack is a user driven Website which offers its users with a platform to use, benefit and share its shopping experience by participating in activities, discussions and sharing the best deals & shopping experiences with its fellow users, thereby augmenting and enriching the overall shopping experience.
By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website by its users or transmitted through, or linked with the Service, is the sole responsibility of the person /user from whom such Content has originated. Similarly, you would be solely responsible for all the Content that you may post. XPayBack cannot control and would not be responsible for any Content posted on the Website by its users and visitors. You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.
The XPayBack Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of XPayBack, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by XPayBack of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.
XPayBack shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. XPayBack shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release XPayBack, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.
You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis XPayBack and all persons claiming under XPayBack (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
Deals offered or proposed to be offered to you on our Website may be posted by our users. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to XPayBack.
You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties.
Please note that XPayBack only provides the links to products on third party websites/apps; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.
We may change the format and content of the XPayBack Website from time to time. You agree that your use of the XPayBack Website and its products and services is on an ''as is'' and ''as available'' basis and at your sole discretion and risk.
We do not accept any liability for any loss or claims arising from:
You will receive a password and account designation upon completing your registration process on our Website. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify XPayBack of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session.
XPayBack shall not be liable for any loss or damage arising from your failure to maintain your account and/or password.
You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.
You hereby agree to not post, email, or otherwise make available Content:
You are not permitted to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part any Content, software, or Intellectual Property contained in the products or services or contained on the XPayBack Website or obtained from social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, or use such information, Content, or Intellectual Property in a searchable, machine readable database, except without XPayBack''s prior written approval. If you download any information or software from our Website or social media sites including without limitation Facebook, Twitter, LinkedIn, YouTube, Google+, Pinterest, Tumblr, Wordpress, you agree that you will not remove or obscure any copyright or other notices or legends contained therein. Intellectual Property shall mean any and all intellectual property or proprietary rights of XPayBack including any and all rights over all its data, information, techniques, methodologies and materials, and shall include all rights as applicable relating to any copyright (including rights in audiovisual works), trademarks (including logos, slogans, domain names, trade names and service marks), patents (including patent applications and disclosures), designs, proprietary computer programs and software, source code, object code, rights of priority and trade secret rights, recognized in any country or jurisdiction in the world.
The trademarks, logos and service marks displayed on the Website ("Marks") are the property of XPayBack or respective third parties. You are not permitted to use the Marks without the prior consent of XPayBack or the third party that may own the Marks.
The brands/merchants whose products, services or deals are made available on our Website may be protected by intellectual property laws. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the products or services of such brands/merchants, may subject you to infringement consequences in accordance with the policies of such brands/merchants which may be enforced by them.
XPayBack is not bound by any agreement with any of the brands/merchants for ensuring security of their intellectual property appearing on our Website. You hereby agree and undertake to be solely responsible in this regard, in the event of claims or disputes which may arise by such brands/merchants alleging infringement of intellectual property by XPayBack. You hereby indemnify and keep indemnified, saved, defended and harmless XPayBack and all persons claiming under XPayBack (''Indemnified Persons''), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands and costs that may be made and/or raised on the Indemnified Persons by any of the brands/merchants or any concerned authority (ies) and/or alleging infringement of their intellectual property contained in their brands/deals.
Our Website offers services, products and deals at prices which are quoted by the respective brands/merchants/traders. XPayBack does not directly service products or sell the same on our Website. Thus discounts/sale/coupons may only apply to those brands/deals who offer their products/brands/deals on sale or discounted prices.
You are advised to undertake your own research as regards the best price for the products or deals available. Although XPayBack updates its Website or App on a regular basis, we may be unaware of a particular deal which may have been withdrawn by the merchant. It may happen that the same product, of a brand may be differently priced on our Website. It is hereby clarified that XPayBack has in place a robust mechanism to stay abreast of the latest deals, prices, discounts and trends. However, we shall not in any manner be liable for any claims, damages, losses or liabilities which may arise as a result of your purchasing a product for a higher price than that available elsewhere or booking a deal which may have been withdrawn by the merchant. Your payments and refund policies shall be subject to the terms and conditions of the website they are purchased from. You are advised to undertake reasonable efforts in acquainting yourself with such terms and conditions before purchasing any product deal.
XPayBack offers discount coupons or CashBack of various brands and one-stop-shop websites which can be redeemed at the time of making a purchase on that particular website or an outlet. Such brands/one-stop-shops are authorised “Coupon Partners” of XPayBack.
Any brand/merchant on their respective website may falsely claim to be the Coupon Partner of XPayBack. Coupons bought from our website will not be redeemable on such bogus websites. You are requested to immediately write to us in the event to come across any such bogus website. Since some of the coupons are posted by its users, you are advised to undertake reasonable efforts to ascertain the authenticity of such coupons before using them. XPayBack disclaims any claim, loss, damage or liability which may arise or be caused by using such coupons.
XPay is a payment service that allows users to conduct cashless transactions at partners’ outlets via the Website’s mobile application.
These XPay’s terms and conditions (“Payment Terms”) must be read and understood before accessing and/or using the Website and its Service. The Payment Terms listed here govern the rights of both the user as well as the Company throughout the transaction process. It also represents a legally binding agreement between the Company (including all its subsidiaries, brands, related and/or associated companies/brands) and you as the user. From time to time, the Payment Terms may be revised. Notification of the update will be posted on all relevant Websites. Any usage of the Website and/or performance of any transactions after the said updates or revisions, will be deemed that you has read and agree with the updated Payment Terms.
If you are not in acceptance of the revised or amended Payment Terms, you shall immediately discontinue the usage of the Website and all other Services provided by the Company (including all its subsidiaries, brands, related and/or associated companies/brands).
XPay acts as a facilitator to assist users in making cashless payment at selected Merchants. An independent relationship is established between us and the user. All action which is performed through the Website is directed by the user and is in no way, controlled by the Company (including all its subsidiaries, brands, related and/or associated companies/brands). All of the customer’s funds will be held separately from Company funds at all times. All transactions or therefore, lack of transactions, will be decided by the user.
The Website and Service only function by hosting, maintaining and facilitating transactions between users and Merchants via the Internet.
We do not pose any authority and therefore will not be held responsible for any liability from using our service. We act as a facilitator and do not guarantee that users or Merchants which are being dealt with will complete the transaction.
The Service allows transactions to be made according to the price listed on the Website or on the Merchant’s price list. When a transaction takes place, payment is processed whereby (a) credit card / debit card / online banking information is held and (b) price of the transaction is charged to the selected payment method immediately.
A current, valid and accepted payment method (as may be updated periodically, “Payment Method”) must be provided to us for use of the Service.
Should payment method fail, we retain the right to request and/or seek payment from you through other avenues. Payment method may be edited by referring to the “Payment” page (mobile application). In the situation whereby payment is unsuccessful due to any reason (expiration, insufficient funds or otherwise), you are responsible to edit your payment method. Failure to do will result in allowing us the authority to continue billing the pre-selected payment method. All responsibility to resolve any/all disputed with your financial institution, credit/debit card issuer or provider of your selected Payment Method, are to be borne by you.
The Company (including all its subsidiaries, brands, related and/or associated companies/brands), in the event of any loss or damages, will not be held liable regardless of the circumstance whether it be contract, tort, negligence, strict liability or other basis arising from the use and/or the access of our Service and/or Website. This includes any third party link to or from the Company’s Website. The services listed and provided on the Website constitute a ‘willing seller and willing buyer’ basis. Thus, the Company is absolved of any form of liability which may occur as a result of any transaction. The exclusion clause is to be taken into full extent as permitted by law.
Taxes: Any/all purchases made through the Website will be inclusive of (if any) taxes which are constituted by the specific regional law. You will be in agreement to any form of prevailing tax, duties, fees, charges and/or cost, however denominated, which may be charged by extent of the regional law at any time.
Refunds: All transactions which are conducted are non-refundable in the case of partially used credits or unclaimed purchases. In cases whereby you have been wrongfully billed, a “case-to-case” basis approach will be taken in the presence of credible evidence of such. The Company holds full authority and discretion towards the outcome of such circumstances. All refunds will be processed in XPayBack Credits. Cash refund requests will be considered on a case-by-case basis and will be subjected to a surcharge of ten per centum (10%) on the transacted amount. The Company reserves the right to conduct thorough investigations over a period of time deemed that is deemed necessary by customer service agents of the Company.
“Information” is defined as the information which is willingly shared with us throughout the registration, payment, store or any other feature of the service. We act as a mediator for the distribution of your information online. The user possesses full responsibility over the content of the information which is shared with the service.
The Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your account at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.
In the situation whereby the Payment Terms are violated by the user, the Company reserves the right for immediate termination and/or suspension of your account.
In order to ensure the authenticity and integrity of all transactions, the Company (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to hold funds or proceeds from transactions under a “pending” state beyond the normal distribution period. This is done in order to avoid any risk which may be related to suspicious transactions.
All trademarks, service marks, copyrights which are displayed throughout the Website are the sole and exclusive of the Company’s property.
Unless prior written consent or permission is granted by the Company, any/all of the trademarks, service marks, copyright and logos which are displayed throughout the Website and mobile application, no licence or right is granted to any party accessing the platform to use, download, reproduce, copy or modify such trademarks, services marks or logos. Similarly, unless the prior written consent from the Company or the relevant proprietor has been obtained, no such trademark, service mark or logo may be used as a link or to mark any link to the Website or any other site.
By using the Website and its Services, you hereby agree to indemnify and keep indemnified the Company and in addition, do not hold the Company responsible for any and all liabilities, financial losses, expenses which may incur from the misuse of the service, breach of terms and conditions or infringement of intellectual property made towards the company as a result of your use services provided.
You hereby indemnify XPayBack and keep indemnified, saved, defended and harmless on full indemnity basis XPayBack and all persons claiming under XPayBack ("Indemnified Persons"), from and against all losses and/or damages arising to XPayBack as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon XPayBack by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys'' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.
Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither XPayBack, nor directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website.
Neither XPayBack, nor directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the XPayBack website, or from any other cause relating to your access to, inability to access, or use of the XPayBack Website, whether or not the circumstances giving rise to such cause may have been within the control of XPayBack or of any vendors providing software or support services to XPayBack.
XPayBack shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. XPayBack shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.