Terms and Conditions

Terms & Conditions

These Xtron Digital Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and Xtron Digital operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any Xtron Digital Services (as defined below) provided by Xtron digital (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as Xtron Privacy Policy. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of Xtron Digital Services.

THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.

BY MAKING USE OF XTRON SERVICES, YOU ACKNOWLEDGE AND AGREE THAT:

1.) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES.

2.) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF XTRON SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES.

3.) XTRON DIGITAL SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

By accessing, using or attempting to use Xtron Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access Xtron or utilize Xtron Digital services.

I. DEFINITIONS

Xtron Digital refers to an ecosystem comprising xtron websites whose domain names include but are not limited to www.xtron.app, remit.xtron.app, mobile applications, clients, applets and other applications that are developed to offer Xtron Services, and include independently- operated platforms, websites and clients within the ecosystem. In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
Xtron Digital Operators refer to all parties that run, including but not limited to legal persons, unincorporated organizations and teams that provide Xtron Services and are responsible for such services. For convenience, unless otherwise stated, references to “Xtron Digital” and “we” in these Terms specifically mean Xtron Digital Operators.

UNDER THESE TERMS, XTRON DIGITAL OPERATORS MAY CHANGE AS XTRON ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF XTRON DIGITAL OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW XTRON SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE XTRON DIGITAL SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED XTRON DIGITAL OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
Xtron Services refer to various services provided to you by Xtron Digital that are based on Internet and/or blockchain technologies and offered via Xtron Digital websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Xtron Digital Services include but are not limited to such Xtron ecosystem components as Digital Asset Trading Platforms and financial services.
Xtron platform rules: Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by Xtron Digital, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
Users refer to all individuals, institutions or organizations that access, download or use Xtron App or Xtron Digital Services and who meet the criteria and conditions stipulated by Xtron Digital. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.
Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
Xtron Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by Xtron Digital for Users to record on Xtron Digital their usage of Xtron Services, transactions, asset changes and basic information. Xtron Accounts serve as the basis for Users to enjoy and exercise their rights on Xtron.
Crypto Peer-to-Peer Trading or swap refers to spot transactions in which one digital currency is exchanged for another digital currency or exchanged for fiat currency.
Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.
Collateral Accounts refer to special accounts opened by Users on Xtron to deposit and withdraw collateral in accordance with these Terms (including the Xtron Contract Services Agreement and Xtron Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
Loan/Lending refers to Xtron lending of Digital Currencies or fiat currency to Users at an interest collected in certain ways (in the form of Digital currencies or fiat currencies).
KYC refers to the “know-your-customer” process that Xtron Digital has put in place before entering into a business relationship or conducting transactions with its Users. As part of this process, Xtron Digital may do anything that it deems necessary in order to identify Users, verify their identity, scrutinize and investigate User transactions, or comply with any applicable law or regulation.

II. GENERAL PROVISIONS

About These Terms

a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and Xtron Digital Operators.

b. Supplementary Terms
Due to the rapid development of Digital Currencies and Xtron Digital, these Terms between you and Xtron Digital Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development.

Therefore, THE PRIVACY POLICY, PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND XTRON DIGITAL ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF XTRON SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

c. Changes to These Terms
Xtron Digital reserves the right to change or modify these Terms in its discretion at any time. Xtron Digital will notify such changes by updating the terms on its website and modifying the [Last revised] date displayed on this page.
ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF XTRON SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING XTRON DIGITAL SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF XTRON SERVICES.

d. Prohibition of Use
BY ACCESSING AND USING XTRON SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. INCLUSIVE IS OFFENDERS LIST OF ANY REGULATORY BODY IN WHICH XTRON USER IS LOCATED. XTRON DIGITAL RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF XTRON SERVICES IN CERTAIN COUNTRIES OR REGIONS.
About Xtron digital
As an important part of the Xtron Digital Ecosystem, Xtron mobile app mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed below, Users must register and open an account with Xtron, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.

Although Xtron Digital has been committed to maintaining the accuracy of the information provided through Xtron Services, Xtron Digital cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Xtron Digital be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Xtron Digital Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Xtron Digital does not provide consulting advice of any kind, and is not responsible for the use or interpretation of information on Xtron Mobile App or any other communication medium. All Users of Xtron Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
Xtron Account Registration and Requirements

a. Registration
All Users must apply for Xtron Account before using Xtron Services. When you register an Xtron Digital platform, you must provide the information requested by Xtron, and accept these Terms, the Privacy Policy, and other Xtron Digital Platform Rules. Xtron may refuse, in its discretion, to open an Xtron Account for you. You agree to provide complete and accurate information when opening an Xtron Account, and agree to timely update any information you provide to Xtron to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of Xtron Digital. For certain Xtron Services, you may be required to set up a specific account independent from your Xtron Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.

b. Eligibility
By registering to use an Xtron Account, you represent and warrant that:

(i) As an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws.
(ii) As an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms.
(iii) You have not been previously suspended or removed from using the Xtron Platform or the Xtron Digital Services.
(iv) You do not have an existing Xtron Account.
(v) You are not resident, located in or otherwise attempting to access the Xtron Platform or the Xtron Services from, or otherwise acting on behalf of a person or legal entity that is resident or located in, a Restricted Location. For the purposes hereof, “Restricted Location” shall include the United States, Singapore, China and such other locations as designated by Xtron Digital Operators from time to time as a “Restricted Location” for the purposes hereof.
(vi) If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity and to access and use the Xtron Platform and Xtron Services on behalf of such legal entity.
(vii) Your use of the Xtron Platform and the Xtron Services will not violate any and all laws and regulations applicable to you or the legal entity on whose behalf you are acting, including but not limited to regulations on anti-money laundering, anti- corruption, and counter-terrorist financing.

Please note that there are legal requirements in various countries which may restrict the products and services that Xtron Operators can lawfully provide. Accordingly, some products and services and certain functionality within the Xtron Platform may not be available or may be restricted in certain jurisdictions or regions or to certain users. You shall be responsible for informing yourself about and observing any restrictions and/or requirements imposed with respect to the access to and use of the Xtron Platform and the Xtron Services in each country from which the Xtron Platform and the Xtron Services are accessed by you or on your behalf. Xtron Digital Operators reserve the right to change, modify or impose additional restrictions with respect to the access to and use of the Xtron Platform and/the Xtron Digital Services from time to time at their discretion at any time without prior notification.

c. User Identity Verification
Your registration of an account with Xtron Digital will be deemed your agreement to provide the required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through Xtron, or for other lawful purposes stated by Xtron Digital. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, XTRON DIGITAL RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF XTRON DIGITAL SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO XTRON DIGITAL DURING YOUR USE OF XTRON SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE. BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE XTRON DIGITAL TO CONDUCT INVESTIGATIONS THAT XTRON CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR XTRON DIGITAL FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

d. Account Usage Requirements
The Xtron Account can only be used by the account registrant. Xtron reserves the right to suspend, freeze or cancel the use of Xtron Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify Xtron Digital immediately. Xtron assumes no liability for any loss or damage arising from the use of Xtron Account by you or any third party with or without your authorization.

e. Account Security
Xtron Digital has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for Xtron Digital Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your Xtron Account and personal information.

You should be solely responsible for keeping safe of your Xtron Account and password, and be responsible for all the transactions under your Xtron Account. Xtron assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.

By creating an Xtron Account, you hereby agree that:

– you will notify Xtron immediately if you are aware of any unauthorized use of your Xtron Account and password or any other violation of security rules;
– you will strictly abide by all mechanisms or procedures of Xtron regarding security, authentication, trading, charging, and withdrawal; and
– you will take appropriate steps to logout from Xtron mobile app at the end of each visit.

III. XTRON DIGITAL SERVICES

Upon completion of the registration and identity verification for your Xtron Digital Account, you may use various Xtron Services, including but not limited to, Crypto- to-crypto Trading, Fiat Trading, Xtron Savings services, staking, acquiring market- related data, research and other information released by Xtron Digital, participating in User activities held by Xtron Digital, etc., in accordance with the provisions of these Terms (including Xtron Platform Rules and other individual agreements).

Xtron Digital has the right to:

Provide, modify or terminate, in its discretion, any Xtron Digital Services.
Allow or prohibit some Users’ use of any Xtron Services in accordance with relevant Xtron Platform Rules.

Xtron Digital has the exclusive authority to determine which Digital Assets are listed on the platform and may add or remove Digital Assets from the platform in its sole discretion, from time to time. Xtron may also change the order size available for each Digital Asset. In respect of such additions, removals, or amendments, Xtron may, but is not obliged to, notify Users in advance and Xtron Digital shall have no liability to Users in connection with such additions, removals or amendments.

Service Usage Guidelines

a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, Xtron Digital grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use Xtron Services through your computer or Internet-compatible devices for your personal/internal purposes. You are prohibited to use Xtron Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding Xtron Services should be stipulated at the discretion of Xtron Digital. Xtron reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using Xtron Services in any way not expressly authorized by these Terms.

These Terms only grant a limited license to access and use Xtron Digital Services. Therefore, you hereby agree that when you use Xtron Services, Xtron does not transfer Xtron Services or the ownership or intellectual property rights of any Xtron Digital intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through Xtron Digital Services, are exclusively owned, controlled and/or licensed by Xtron Digital Operators or its members, parent companies, licensors or affiliates.

Xtron Digital owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about Xtron or Xtron Services that you provide through email, Xtron Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to Xtron Digital. You have no right and hereby waive any request for acknowledgement or compensation based on any Feedback, or any modifications based on any Feedback.

b. Restriction

When you use Xtron Digital Services, you agree and undertake to comply with the following provisions:
During the use of Xtron Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of Xtron.
Your use of Xtron Digital Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using Xtron Services;
You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law)
Without written consent from Xtron, the following commercial uses of Xtron Digital data are prohibited:

1.) Trading services that make use of Xtron quotes or market bulletin board information.

2.) Data feeding or streaming services that make use of any market data of Xtron Digital.

3.) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from Xtron Digital.

Without prior written consent from Xtron, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of Xtron Digital Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through Xtron Services; (ii) attempt to access any part or function of the properties without authorization, or connect to Xtron Services or any Xtron Digital servers or any other systems or networks of any Xtron Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of Xtron Services or any network connected to the properties, or violate any security or authentication measures on Xtron Services or any network connected to Xtron Digital Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of Xtron Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of Xtron Services or Xtron, or the infrastructure of any systems or networks connected to Xtron services; (vi) use any devices, software or routine programs to interfere with the normal operation of Xtron Services or any transactions on Xtron Services, or any other person’s use of Xtron Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to Xtron, or (viii) use Xtron Digital Services in an illegal way.

By accessing Xtron Digital Services, you agree that Xtron has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:

Blocking and closing order requests;
Freezing your account;
Reporting the incident to the authorities;
Publishing the alleged violations and actions that have been taken;
Deleting any information, you published that are found to be violations.

Crypto Peer-to-Peer Trading

Upon completion of the registration and identity verification for your Xtron Account, you may conduct Crypto Peer-to-Peer Trading on Xtron in accordance with the provisions of these Terms and Xtron Digital Platform Rules.

a. Orders
Upon sending an instruction of using Xtron Services for Crypto Peer-to-Peer Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in Xtron order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, Xtron will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize Xtron Digital to temporarily control the Digital Currencies involved in your Transaction.

b. Cancellation
For Orders initiated through Xtron Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel Xtron Digital authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. Xtron reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient number of Digital Currencies to execute an Order, Xtron may cancel the entire Order, or execute part of the Order with the number of Digital Currencies you have in your account (in each case, any Transaction related fees payable to Xtron are deducted as stated in paragraph (c) below).

c. Fees
You agree to pay Xtron Digital the fees required for using the platform. Xtron digital, may in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize Xtron Digital to deduct from your account any applicable fees that you owe under these Terms.
d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, Xtron Digital may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated Xtron Digital Platform Rules.

Xtron Loan Services
These Terms and Conditions apply to and regulate the provision of loans by Xtron Digital Limited (” Financial Institution”). These standard Terms and Conditions together with our offer letter set out the terms governing this Loan Agreement. It is important that you read the offer letter and these terms and conditions carefully and keep them for future reference.

A. Interest
1. The Annualized Percentage Rate of Interest “APR” of 35.5% percent will be charged for the direct loan registered users obtain on Xtron mobile app.
2. The financial institution may, in its sole discretion, increase or decrease the prevailing interest rate for any reason and
3. Any change in interest rate will take effect on the borrower’s account following a minimum of 7 days written notice.
4. All fees will be capitalized into the interest calculation.

B. Payments
All payments by the borrower will be made by one of the following methods – Cryptocurrency Deposit or Debit / Credit card payment. Other methods might be introduced later and borrowers will be informed about any changes in payment methods.

In particular:
1. The borrower will be given a dedicated and customized repayment plan upon approval of the loan application;
2. The borrower will be expected to make monthly repayments in accordance with the repayment plan.
3. The Borrower will be sent an electronic message or SMS alert two (2) working days before each monthly repayment date and the Borrower hereby agrees that such notice shall be conclusively deemed received by the Borrower without need of any further notice.
4. The Borrower hereby agrees that nonpayment of the amount owed by the Payment Due Date shall render the Borrower in default and entitles Xtron Digital Ltd to take steps to recover the outstanding loan amount in accordance with clause E below.
5. The Borrower may make an early payment of the outstanding loan obligation due hereunder at any time. Where the borrower prepays on the loan, Xtron Digital Ltd shall charge a liquidation rate on the outstanding principal. The outstanding principal is the unpaid loan obligation and the interest accrued as of the date of settlement.

C. Provision of Financial Information
At our request, you will be required to provide us with the latest financial statements, contingent liability details and any other reasonable information relating to you and/or your financial affairs.

D. Use of Credit Bureau
1. Xtron Digital Ltd will approach a dedicated Credit Reference Agency for a credit report on the applicant when considering any application for credit.
2. The Borrower authorizes Xtron Digital Ltd to access any information available to it as provided by the Credit Agency.
3. The Borrower also agrees that his/her details and the loan application decision will be registered with the Credit Agency.
4. In the event the Borrower wishes to access the credit report, Xtron Digital Ltd will advise the Borrower of the contact details of the relevant credit agency and the Borrower waives any claims he/ she may have against Xtron Digital in respect of such disclosure

E. Information from Employer
The Employee hereby consents to Xtron Digital Ltd requesting and its Employer providing relevant Employee information to Us as itemized under the Employer’s Confirmation Section of the application form as well as, any other information which the financial institution may require here.

F. Default
Default in terms of this Agreement will occur if:
1. The Borrower fails to make repayment in full, on or before the payment date in accordance with the monthly repayment plan given to the Borrower;
2. Any representation, warranty or assurance made or given by the Borrower in connection with the application for this loan or any information or documentation supplied by the Borrower, is later discovered to be materially incorrect; or
3. The Borrower does or omits to do anything which may prejudice Xtron Digital Ltd rights terms of this Agreement or cause the financial institution to suffer any loss or damage.

If the Borrower defaults on their obligations under this Agreement, Xtron Digital Ltd will be entitled to do the following:

a. The Financial Institution will, on each repayment Date, collect the total amount payable by the date in accordance with the repayment plan schedule given to the borrower.
b. Where the borrower fails to honor their obligation to repay their total monthly repayment amount by the due date, Xtron Digital Ltd will attempt to collect the outstanding amount within the next twenty-four (24) hours.
c.Where more than forty-eight (48) hours have elapsed since the repayment date and the repayment amount (total or partial still remains outstanding, Xtron Digital will start calculating accelerated interest at the rate of 7.1 % plus the applicable borrowing interest rate.
d. Following the Borrower’s default, Xtron Digital Ltd reserves the right to assign its right, title and interest under the Agreement to an external collections agency who will take all steps, within the bounds of the law, to collect the outstanding loan amount.
e. Xtron digital Ltd also reserves the right to start legal proceedings against the defaulting Borrower and is under no obligation to inform the Borrower before such proceedings commence.
f. The financial institution will be entitled to terminate this Agreement (after service of any notice required) if the Borrower in any way perpetrates or attempts to or is involved in any act of fraud or other criminal activity in Respect of the Loan, or if any information provided by Borrower as part of the application is incorrect or misleading in any material manner. on such termination, Xtron digital Ltd reserves the right to demand repayment of the full loan amount with interest calculated as stipulated in these Terms and Conditions.

Hold the Borrower responsible for all legal costs and expenses incurred by the attempt to obtain repayment of any outstanding loan balance owed by the Borrower. Interest on any amount which becomes due and payable shall be charged in accordance with these terms and conditions.

G. Communication
The Borrower agrees that Xtron Digital Ltd may communicate with them by sending notices, messages, alerts and statements in relation to this Agreement in the following manner:

1. To the most recent address of the Borrower on file
2. By delivery to any email address provided during the application process.
3. By delivery of an SMS to any mobile telephone number the borrower has provided.

Miscellaneous
This Agreement shall be governed by the laws of the Federal Republic of Nigeria and shall be subject to the jurisdiction of the courts of the Federal Republic of Nigeria.

1. If Xtron Digital Ltd does not strictly enforce its rights under this Agreement (including its right to insist on the repayment of all sums due on the Repayment Due Date) or grant the Borrower an indulgence, Xtron digital Ltd will not be prevented from insisting upon its strict rights at a later date.
2. Xtron Digital Ltd reserves the right to transfer or assign its rights and obligations under this Agreement (including its obligation to lend money to the Borrower or the amount owned under this Agreement) to another person.
3. Xtron Digital Ltd may inform the Borrower of a transfer/assignment of its rights hereunder if such a transfer results in a change in the administration of this Agreement.
4. If the borrower relocates from the country of residence without fulfilling its agreement as stated, Xtron reserves all right to report such borrower to any embassy where they are currently residing.
5. This agreement waives the borrowers the right to any form of force majeure which might prevent the borrower from fulfilling its payment agreement.

Xtron savings service
Xtron offers Investment / Savings, a service to provide Users with value-added services for their idle Digital Assets. To use Xtron Savings service, you must conclude with Xtron a separate Xtron Savings Service User Agreement and open a special Xtron Savings service account, following the completion of registration and identity verification for your Xtron Account. When using Xtron Savings service, you should note that:

a. Xtron Savings assets will be used in cryptocurrency leveraged borrowing and other businesses.
b. When you use Xtron Savings service, you will unconditionally authorize Xtron to distribute and grant the leveraged interest according to Xtron Digital Platform Rules.
c. You shall abide by relevant laws and regulations to ensure that the sources of Digital Assets are legitimate and compliant when using Xtron Digital Savings service.
d. When you use Xtron Savings service, you should fully recognize the risks of investing in Digital Assets and operate cautiously.
e. You agree that all investment operations conducted on Xtron represent your true investment intentions and that unconditionally accept the potential risks and benefits of your investment decisions.
f. Xtron digital reserves the right to suspend or terminate Xtron Savings service. If necessary, Xtron can suspend and terminate Xtron Savings service at any time.
g. Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension, termination or deviation of execution of Xtron Savings service, Xtron will use reasonable effort to ensure but not promise that Xtron digital Savings service execution system runs stably and effectively. Xtron Digital does not take any responsibility if the final execution fails to match your expectations due to the above factors.
Xtron remit service agreement
a. Xtron Digital launched Xtron remit and POS service for duly registered businesses, for the sole purpose of cryptocurrency remittance and POS payment processing.
b.) You shall abide by the relevant laws of the State to ensure that the sources of assets are legitimate and compliant when using Xtron remit POS service.
c.) Xtron Digital reserves the right to suspend or terminate Xtron remit services.
d.) Due to network delay, computer system failures and other force majeure, which may lead to delay, suspension or deviation of Xtron Remit service execution, Xtron Digital will use commercially reasonable effort to ensure but not promise that Xtron remittance and POS service execution system run stably and effectively. Xtron Digital does not take any responsibility if the final execution doesn’t match your expectations due to the above factors.
Xtron Swap
a. Upon completion of the registration and identity verification for your Xtron Account, you may be able to make use of the Xtron swap Services, which enable Users convert one Digital Asset into another Digital Asset, which Xtron may, in its sole discretion, elect to accept or reject.
b. For the conversion between a supported trading pair of Digital Assets, Users may place a market order, by specifying the type and amount of the Digital Asset to be converted (a “Convert Market Order”) or a limit order, by specifying the type and amount of the Digital Asset to be converted, the price and the expiry of the limit order (a “Convert Limit Order”).
c. If a User places a Convert Market Order, Xtron digital may provide a non- binding quote for the conversion (a “Convert Quote”), which the User may accept or decline within such period of time as Xtron may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Convert Quote or not within the specified time. User’s acceptance of the Convert Quote (the “User Trade Request”) authorizes Xtron to temporarily lock the User’s Digital Assets that are to be converted until the conversion is completed.
c. Xtron may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time.
e. Xtron digital would charge the required fee in addition to network fee in the process of swapping digital assets.
f. In respect of Convert Limit Orders, Xtron Digital does not guarantee the fulfillment of the limit order, even if the market price hits or crosses the limit price set by the User, as orders are executed subject to market conditions and liquidity. Xtron digital shall not be held responsible for any potential loss or opportunity cost due to the unsuccessful execution of limit orders in such case.
g. It is recommended that Users conduct independent research into different Digital Assets prior to using Xtron digital swap. Users bear full responsibility for any profit or loss in connection with their use of the Xtron Swap services.

LIABILITIES

Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, XTRON DIGITAL SERVICES, XTRON MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF XTRON ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND XTRON DIGITAL EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, XTRON DIGITAL DOES NOT REPRESENT OR WARRANT THAT THE SITE, XTRON SERVICES OR XTRON MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XTRON DIGITAL DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF XTRON DIGITAL SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT XTRON DIGITAL WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO:

A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA.
B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA.

C) INTERRUPTION IN ANY SUCH DATA.
D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY XTRON DIGITAL AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE.
E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS.
F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY XTRON DIGITAL
G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY XTRON DIGITAL.

Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL XTRON DIGITAL, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF XTRON DIGITAL SERVICES, ANY PERFORMANCE OR NON- PERFORMANCE OF XTRON SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF XTRON AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF XTRON DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF XTRON DIGITAL FRAUD, WILLFUL MISCONDUCT.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF XTRON DIGITAL, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF XTRON AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF XTRON SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO XTRON DIGITAL UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
Indemnification
You agree to indemnify and hold harmless Xtron digital Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, Xtron digital Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of Xtron digital Services. If you are obligated to indemnify Xtron digital Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, Xtron digital will have the right, in its sole discretion, to control any action or proceeding and to determine whether Xtron digital wishes to settle, and if so, on what terms.

ANNOUNCEMENTS
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on Xtron verified platform. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. XTRON DIGITAL WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

TERMINATION OF AGREEMENT

Suspension of Xtron Digital Accounts
You agree that Xtron Digital shall have the right to immediately suspend your Xtron Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to Xtron for any reason including if Xtron suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that Xtron shall not be liable to you for any permanent or temporary modification of your Xtron Account, or suspension or termination of your access to all or any portion of Xtron Digital Services.
Xtron Digital shall reserve the right to keep and use the transaction data or other information related to such Xtron Accounts. The above account controls may also be applied in the following cases:

The Xtron Account is subject to a governmental proceeding, criminal investigation or other pending litigation.
We detect unusual activities in the Xtron Account.
We detect unauthorized access to the Xtron Account.
We are required to do so by a court order or command by a regulatory/government authority.

Cancellation of Xtron Digital Accounts
In case of any of the following events, Xtron Digital shall have the right to directly terminate these Terms by cancelling your Xtron Account and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your Xtron Account on Xtron and withdraw the corresponding Xtron Account thereof:

after Xtron terminates services to you;
you allegedly register or register in any other person’s name as an Xtron
User again, directly or indirectly;
the information that you have provided is untruthful, inaccurate, outdated or
Incomplete;
when these Terms are amended, you state your unwillingness to accept the
amended Terms by applying for cancellation of your Xtron Account or by
other means;
you request that Xtron Services be terminated; and
any other circumstances where Xtron digital deems it should terminate
Xtron Services.

Should your Xtron Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, Xtron Digital shall have the right to notify your counterparts of the situation at that time. Your acknowledgement that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If Xtron is informed that any Digital Assets or funds held in your Xtron Account are stolen or otherwise are not lawfully possessed by you, Xtron may, but has no obligation to, place an administrative hold on the affected funds and your Xtron Account. If Xtron does lay down an administrative hold on some or all of your funds or Xtron Account, Xtron may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Xtron Digital has been provided to Xtron in a form acceptable to Xtron Digital. Xtron Digital will not involve itself in any such dispute or the resolution of the dispute. You agree that Xtron will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

Remaining Funds After Xtron Digital Account Termination
Except as set forth in paragraph 4 below, once Xtron Digital Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to Xtron Digital) will be payable immediately to Xtron. Upon payment of all outstanding charges to Xtron (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
Remaining Funds After Xtron Digital Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
Xtron maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of Xtron Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
Dormant Accounts
Notwithstanding any provision of this Section, Xtron may provide a written notice requiring you to close all of your open positions and withdraw all of your Digital Assets from your Xtron Account within 30 days of the notice. In the event that you fail to do so, Xtron may in its absolute discretion and without prior notice to you:

(a) deem your Xtron account as a dormant account;
(b) close any open positions in any Xtron Digital products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to USDT). For the avoidance of doubt, none of the Xtron Digital Operators shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by you resulting from such conversion;
(d) transfer such dormant account (including any Digital Assets contained therein) to an affiliate of the Xtron Operators, any third-party custodian or an isolated wallet where it is deemed reasonably necessary by Xtron to do so. In the event that such transfer has taken place, you have the right to retrieve your digital assets from subject to satisfying Xtron verification requirements, including completing KYC.
(e) charge a dormant account fee to cover the cost of maintaining the assets by the Xtron Operators, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis; and
(f) close a dormant account at any time, and Xtron will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by Xtron. Any assets in these dormant accounts will be transferred in accordance to paragraph 5(d) above. After a dormant account is closed, it cannot be reactivated by you (i.e. you will need to register a new Xtron account if you wish to continue to use Xtron Digital Services).

VII. NO FINANCIAL ADVICE
Xtron Digital is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using Xtron digital Services. No communication or information provided to you by Xtron digital is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. Xtron digital does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. Xtron Digital will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by Xtron Digital.

VIII. COMPLIANCE WITH LOCAL LAWS
It is Users’ responsibility to abide by local laws in relation to the legal usage of Xtron Digital Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities. ALL USERS OF XTRON DIGITAL SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT XTRON DIGITAL WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS. Xtron maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

PRIVACY POLICY
Access to Xtron digital Services will require the submission of certain personally identifiable information.
RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION.

Notice of Claim and Dispute Resolution Period.
Please contact Xtron Digital first. Xtron wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with Xtron Digital, then you should contact Xtron Digital and a ticket number will be assigned. Xtron will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).

In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against Xtron Digital, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to Xtron Digital. The Notice of Claim must (1) describe the nature and basis of the claim or dispute, (2) set forth the specific relief sought, (3) provide the original ticket number, and (4) include your Xtron digital account email. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with Xtron. After you have provided the Notice of Claim to Xtron Digital, the dispute referenced in the Notice of Claim may be submitted by either Xtron Digital or you to the appropriate arbitration body. For the avoidance of doubt, the submission of a dispute to Xtron digital for resolution internally and the delivery of a Notice of Claim to Xtron Digital are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or Xtron Digital shall not be disclosed to the arbitrator.

Agreement to Arbitrate and Governing Law.
You and Xtron Digital Operators agree that, subject to paragraph 1 above, any dispute, claim, or controversy between you and Xtron (and/or Xtron Operators) arising in connection with or relating in any way to these Terms or to your relationship with Xtron (and/or Xtron Operators) as a user of Xtron digital Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory final and binding individual (not class) arbitration. You and Xtron Digital Operators further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including without limitation any objections with respect to the existence, scope or validity of the Agreement to Arbitrate, or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS RESTRICTED. The arbitrator must follow this agreement and can award the same damages and relief as a court (including, if applicable, attorney fees), except that the arbitrator may not award declaratory or injunctive relief in favor of anyone but the parties to the arbitration. The arbitration provisions set forth in this Section will survive termination of these Terms. Arbitration Rules. The arbitration will be administered by Lagos Court of Arbitration International Centre for Arbitration and ADR. There shall be only one arbitrator appointed in accordance with the Lagos Court of Arbitration International Centre for Arbitration and ADR rules. Any arbitration will be conducted in the English language. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED. Time for Filing: ANY ARBITRATION AGAINST XTRON DIGITAL OPERATORS MUST BE COMMENCED BY FILING A REQUEST FOR ARBITRATION WITHIN ONE (1) YEAR, AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. THIS ONE YEAR LIMITATION PERIOD IS INCLUSIVE OF THE INTERNAL DISPUTE RESOLUTION PROCEDURE SET FORTH IN PARAGRAPH 1 OF THIS SECTION, ABOVE. THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD. You agree that any notice sent to this email or mailing address shall be deemed effective for all purposes, including without limitation to determinations of adequacy of service. It is your obligation to ensure that the email address and/or mailing address on file with Xtron digital is up-to-date and accurate. Seat of Arbitration: The seat of the arbitration shall be Nigeria. Place of Hearing: The location of any in-person arbitration hearing shall be Nigeria, unless otherwise agreed to by the parties. Governing Law: These Terms (including this arbitration agreement) shall be governed by, and construed in accordance with, the laws of Nigeria. Confidentiality. The parties agree that the arbitration shall be kept confidential. The existence of the arbitration, any nonpublic information provided in the arbitration, and any submissions, orders or awards made in the arbitration (together, the “Confidential Information”) shall not be disclosed to any non-party except the tribunal, the parties, their counsel, experts, witnesses, accountants and auditors, insurers and reinsurers, and any other person necessary to the conduct of the arbitration. Notwithstanding the foregoing, a party may disclose Confidential Information to the extent that disclosure may be required to fulfill a legal duty, protect or pursue a legal right, or enforce or challenge an award in bona fide legal proceedings. This confidentiality provision shall survive termination of these Terms and of any arbitration brought pursuant to these Terms.
Class Action Waiver. You and Xtron Digital agree that any claims relating to these Terms or to your relationship with Xtron as a user of Xtron Digital Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and Xtron Digital further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted.
Modifications. Xtron Digital reserves the right to update, modify, revise, suspend, or make any future changes to Sections regarding the parties’ Agreement to Arbitrate, subject to applicable law. You hereby consent and agree that it is your responsibility to ensure that your understanding of this Section is up to date.
xxv
Subject to the applicable law, your continued use of your Xtron account shall be deemed to be your acceptance of any modifications to Sections regarding the parties’ Agreement to Arbitrate. You agree that if you object to the modifications to Sections, Xtron digital may block access to your account pending closure of your account. In such circumstances, the Terms of Use prior to modification shall remain in full force and effect pending closure of your account.
Severability. If any portion of these Terms are adjudged to be invalid or unenforceable for any reason or to any extent, the remainder of these Terms will remain valid and enforceable and the invalid or unenforceable portion will be given effect to the greatest extent permitted by law. pending closure of your account.

MISCELLANEOUS

Independent Parties. Xtron digital is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of Xtron Digital Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
Interpretation and Revision. Xtron Digital reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on Xtron verifiable platforms. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of Xtron Digital Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, Xtron will not be responsible for any modification or termination of Xtron Digital Services by you or any third party, or suspension or termination of your access to Xtron digital Services.
Language & Translations: These Terms may, at Xtron’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
Force Majeure. Xtron Digital will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond Xtron digital reasonable control.
Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
Assignment. You may not assign or transfer any right to use Xtron Digital Services or any of your rights or obligations under these Terms without prior written consent from Xtron, including any right or obligation related to the enforcement of laws or the change of control. Xtron may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
Third-Party Website Disclaimer. Any links to third-party websites from Xtron digital Services does not imply endorsement by Xtron digital of any product, service, information or disclaimer presented therein, nor does Xtron guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, Xtron will not be liable for such loss. In addition, since Xtron has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.
Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through Xtron Services, such activities and programs are provided by Xtron and are not associated with Apple Inc. in any manner.
Contact Information. For more information on Xtron Digital, you may refer to the company and license information found on Xtron websites. If you have questions regarding these Terms, please feel free to contact Xtron for clarification via our Customer Support.

Terms & Conditions

About Xtron

Legal

Contact Us