Terms of Use
Last Updated: 30th November, 2021
Who we are
XAP Corp is a trading name of XAP Corporate Pte Limited a subsidiary of the XAP Pte Limited group (“XAP”) located in Singapore and includes other related sister companies such as XAP 24/7 Pte Limited. Our website address is: https://xapcorp.co.
Preamble
Before using any of XAP’s services including XAP Corp, you are required to read, understand and agree to these Terms of Use (also referred to as the User Agreement). You may only create an account after reading and accepting these terms. We reserve the right in our sole discretion to change, modify, add or delete the Terms of Use at any time. We will provide notice of such changes only by posting the updated terms on our Website(s) and changing the “last updated” date.
THIS IS A LEGALLY BINDING AGREEMENT AND GOVERNS YOUR USE OF THE XAP CORP WEBSITE. BY USING THE XAP CORP WEBSITE YOU AGREE TO THESE TERMS, AS MAY BE AMENDED FROM TIME TO TIME AT XAP CORP’s ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE THE XAP CORP WEBSITE.
You agree that by clicking buttons or links “Place Order”, “Get Started”, “Register”, “Submit”, “Membership” or similar, or registering, or making a payment, or accessing or using our Services , you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).
This Agreement includes this User Agreement, the Legal Notice & Disclaimer, the Code of Conduct and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by XAP from time to time. If you do not agree to this Agreement, do NOT click “Place Order”, “Get Started”, “Register”, “Membership”, “Submit” (or similar) and do not access or otherwise use any of our Services.
Registered users of our Services are “Members”, “Subscribers” or “Users”, and unregistered users are “Guests”. This Agreement applies to both.
Proprietary Rights
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser to help spam detection.
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by XAP Pte Limited and or it subsidiaries herein referred to as “XAP”, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from XAP is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of XAP. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact us at: https://xapcorp.co/contact/
Intellectual Property
XAP’s domains and trading names, graphics, logos, designs (“Brand Materials”), as well as downloads, video, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of XAP.
XAP’s intellectual property may not be used in connection with any product or service without the prior written consent of XAP. Notwithstanding the foregoing, the images, downloads and icons available from XAP Sites, may used by members as specified in the Licence Agreement.
Structure and Legal Relationship
XAP has a worldwide association of professionals (known as XAP Pro Members), and each XAP Pro Member is a separate and independent legal entity. Generally, XAP does not provide audit or tax compliance services to clients. XAP may refer clients to XAP Pro Members who provide audit and tax services to their clients in their own legal name and should make appropriate disclosure to clients to ensure the legal relationship between the parties is clearly understood. XAP Pro Members should not misrepresent the legal nature of the relationship and should not claim to be a representative of XAP.
XAP is an association that does not fall within the definition of “network” under the International Federation of Accountants (IFAC) Code of Ethics, section 290 and the European Union Statutory (revised 8th Company Law) Directive. Each Pro Member is legally independent and is expected to abide by the standards of service expected by their recognised professional body.
Grant of Limited License
By posting or submitting content to this site, you:
Grant XAP and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and
Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by will not infringe or violate the rights of any third party.
Registration
As a condition to using our Services, you are required to open a free membership account with XAP (the “Account” or “Membership Account”) and select a username and password, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your XAP Account.
You may not create or use a username that is the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
Each Membership Account is a single-user licence. You agree that you will not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify XAP of any security breach of your Account. XAP shall not be responsible for any losses arising out of the unauthorised use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your XAP Account.
Membership and Services are available only to legal entities and to individuals who are at least 18 years old.
The term “Client”, “Member”, “Subscriber”, “you” or “your” as used in this agreement shall at all times include the individual or legal entity which has subscribed to the Services in this agreement including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
Date of Effect
By registering to become a Member or Subscriber of XAP Corp and payment of your fees (if any), you are agreeing to the terms of the Terms of Use herein. Members will receive an email confirming their membership has been accepted, however, this User Agreement becomes effective on the date of payment of your membership fees.
Membership and Subscription Fees
You agree that you will pay Membership or Subscription Fees for the Services, and that XAP Corp may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING XAP CORP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Membership fees are paid monthly (or sometimes quarterly or annually) in advance, and will be automatically charged to your nominated payment method (usually a credit card) on a recurring basis. Your payment may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
Your total fee will include the price of the Service but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable. Taxes are calculated based on the billing information that you provide us at the time of registration.
Your Membership fees may not include some additional services, content and disbursement (including some third party content) that you may subscribe to once inside the members’ area, referred to as “Premium Content” or “Premium Services”.
Prices for Membership may change at any time at XAP’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering. XAP may provide discount Coupons to members from time to time which can be used in accordance with the terms issued on the Coupon.
XAP may terminate or suspend your Membership Account and the Services if your payment is overdue.
The Member can cancel their membership at any time by sending a message via the Contact Form or an email to XAP Corp Support from the Dashboard. Membership will expire one month after the date of the Member’s last payment. Membership and Subscription fees are non-refundable.
Termination
The following items outline the process and result of terminating memberships and subscriptions.
XAP Corp reserves the right to suspend or terminate your Subscription Services, Member Account and access to all or part of this site, at any time at its sole discretion, with or without notice, and with immediate effect.
Upon termination, membership and subscription fees will cease to be charged (except for recovery of disbursements such as accounting and payroll application software or web hosting if XAP continues to host your website).
XAP Corp shall not be obliged to provide any refunds. Upon termination of the services, the Client will cease to be a member of XAP, and having their licence terminated, shall cease to use the XAP intellectual property, courses, logo and name. XAP will disable the Member’s access to its Websites including Forums, Members Directory, Courses, Corporate Services and other related materials.
Professional Conduct
Clients agree to conduct themselves in a professional, honest and courteous manner at all times. Clients and members agree to XAP’s Code of Conduct and Privacy Policy, as may be amended from time to time, as published on XAP Websites.
Disclaimer
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. XAP, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL XAP, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF XAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME XAP JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnity
Upon a request by XAP you agree to defend, indemnify, and hold XAP harmless and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. XAP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with in asserting any available defenses.
International Use
XAP makes no representation that materials on this site are appropriate or available for use in locations outside Singapore, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in Singapore, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and XAP Corp with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and XAP Corp with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.