xTend Inc

Terms of Use

EFFECTIVE DATE: April 8, 2019

Use of the XTend Inc. Applications

This website, www.xTendTravel.com, (the "Website"), and other interactive properties, including but not limited to any mobile applications accessing content from the Website ("Applications"), are operated by XTend Inc. xTend Inc. on behalf of itself and its holding companies, subsidiaries and affiliates (together, "XTend Inc." or "us" or "our") (the Website and Applications are collectively referred to herein as the "XTend Inc. Applications"). Access is provided only in accordance with these Terms of Use ("TOU"). Please read the following TOU carefully before you begin to use the XTend Inc. Applications or any of the services made available through the XTend Inc. Applications ("Services"). By using the XTend Inc. Applications or the Services, you indicate your acceptance of the TOU and you agree to be bound by them. If you do not accept and agree to the TOU set forth below, please refrain from using the XTend Inc. Applications or any of the Services.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Website, Applications or Services please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Warranty Disclaimer

YOU UNDERSTAND THAT YOUR USE OF THE XTEND INC. APPLICATIONS OR SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE YOU EXPERIENCE FROM USING XTEND INC. APPLICATIONS) IS AT YOUR SOLE RISK. ALL CONTENT AND SERVICES ON OR AVAILABLE THROUGH THE XTEND INC. APPLICATIONS ARE PROVIDED ON AN "AS IS", "WHERE-IS" AND "WHERE AVAILABLE" BASIS AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. XTEND INC. DOES NOT MAKE ANY REPRESENTATION OR GIVE ANY WARRANTY, IN EACH CASE, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, IN RESPECT OF THE XTEND INC. APPLICATIONS OR THEIR CONTENT. IN PARTICULAR, EXCEPT AS PROVIDED IN THESE TOU, XTEND INC. HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY, RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, FREEDOM FROM VIRUSES OR TIMELINESS OR ACCURACY OF THE CONTENT OR SERVICES CONTAINED ON THE XTEND INC. APPLICATIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT XTEND INC. DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE XTEND INC. APPLICATIONS WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TOU OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. IF YOU ARE DISSATISFIED WITH ANY OF THE XTEND INC. APPLICATIONS OR WITH ANY OF THESE TOU, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE XTEND INC. APPLICATIONS. THESE WARRANTY DISCLAIMERS WILL NOT APPLY IF AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH WARRANTIES NOT WITHSTANDING THIS EXPRESS DISCLAIMER.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

Copyright Notices

Copyright relating to the XTend Inc. Applications, including, but not limited to, all source code, software, design, graphics, text, images, sound recordings, animations and video sequences, are owned, or licensed by XTend Inc., except as otherwise expressly stated. You may access the XTend Inc. Applications for private, non-commercial use of the facilities offered. You may not otherwise copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the XTend Inc. Applications or any of its content for any reason. You may, however, print off copies and download extracts of any XTend Inc. Applications screen for your personal reference. You must not modify the paper or digital copies of any XTend Inc. Applications content you have printed or downloaded in any way, and you must not use any graphics, images, sound recordings, animations and/or video sequences separately from any accompanying text. At no point are you permitted to use any XTend Inc. Applications content for commercial purposes without the prior written consent of XTend Inc. in each and every instance.

If you print, copy or download any part of the XTend Inc. Applications in breach of these TOU, your right to use the XTend Inc. Applications will cease immediately and you must notify us and, at our option, return or destroy any copies of the XTend Inc. Applications or XTend Inc. Applications content you have made. We reserve the right to invoke any rights we may have in law or in equity.

Linking to the XTend Inc. Applications (whether to the home-page or otherwise and including framing) is permitted only with the prior written consent of XTend Inc. in each and every instance.

Trademark Notices

"XTend Inc.®"; are registered trademarks of XTend Inc. Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners.

Web Content and Materials

The information, materials, products and services contained in the XTend Inc. Applications are subject to change from time to time without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by XTend Inc. and State and/or Federal law. Any dated information is published as of the published date only, and XTend Inc. does not undertake or assume any obligation or responsibility to update or amend any such information. Furthermore, by offering information, products or services via the XTend Inc. Applications, no solicitation is made by XTend Inc. of any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.

Links to Other Sites

Links to third-party websites may be included on the XTend Inc. Applications and are provided solely as a convenience to our customers. XTend Inc. has no control over the content on such third-party websites. XTend Inc. does not endorse, make any representation or take any responsibility for such sites or the content on such sites. You are responsible for complying with the terms of those sites. XTend Inc. makes no warranties, either express or implied, relating to the content of such sites and shall have no liability relating to or arising from such sites. The use of any third-party website is completely at your own risk. Under no circumstance will XTend Inc. be liable for any loss or damage caused by your reliance on information obtained through a linked website, or your reliance on any product or service obtained from a linked website.

Responsibility for User-Generated Content Posted on or Through this Website, Application or Services

You are responsible for User-Generated Content (“UGC”) that you post. 

Under no circumstances will we be liable in any way for any UGC. This means that you, not us, are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect our views or any person or entity associated with us.

You own User-Generated Content, but we may use it. 

You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publish, transmit, remove, retain, and repurpose UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any confidential information.

We may disclose and/or remove User-Generated Content. We has certain rights. We have the right (but do not assume the obligation) to:

You agree that our exercise of such discretion shall not render us the owners of UGC you post, and that you will retain ownership thereof as described above.

Restrictions on User-Generated Content. It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:

By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.

Termination

XTend Inc. may cease to operate the XTend Inc. Applications and reserves the right to terminate your access and use of any part of the XTend Inc. Applications or any Service at any time without notice for any reason subject to the rights you have under these TOU.

Contact

If you have any questions or concerns about material which appears on the Website, please contact customer.assistance@xTendTravel.com.

Purchase of Travel Money

The internet ordering service (the "Service") is provided by XTend Inc.

These TOU apply to the Services, which include an online ordering facility for foreign currency banknotes (collectively "Travel Money").

Liability Disclaimer and Limitation

The information services on the XTend Inc. Applications are intended for use by personal or business travelers or by individuals or companies seeking to make payments abroad in foreign currencies, and should not be used for speculation or investment. These information services and other content of the XTend Inc. Applications are not intended to amount to advice on which you should rely. We accept no responsibility or liability which may arise from any reliance on such services by any visitor to the XTend Inc. Applications or by anyone who may be informed of any of its contents. In addition, we give no assurances that you will receive the services for which you register.

We use reasonable care and skill in providing the service. However, we shall not be liable to you under any circumstances for the following:

THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

If you are dissatisfied with any portion of the XTend Inc. Applications, your sole and exclusive remedy is the discontinuation of your use of the XTend Inc. Applications.

Our maximum liability to you in respect of each use of the Service for a Travel Money order shall be limited to a refund of the purchase price of that Travel Money order. The disclaimers and limitations of liability in these TOU shall not apply to any damages arising from death or personal injury caused by the negligence of XTend Inc. or any of its employees or agents. In no event may any claim be brought under or in connection with these TOU more than one year after a party knows or should have known of the action giving rise to the claim. If any provisions of these TOU, including any disclaimers and limitations, are found to be unlawful or unenforceable then such provisions shall fall away and shall not affect the validity and enforceability of the remaining terms. This provision does not affect your statutory rights to the extent such rights cannot be modified or excluded under applicable law.

Indemnity

You agree to indemnify and hold Symbiose, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Use of the Service

The Service is only available to individuals aged 18 years or over who are resident in and accessing the Service from the United States. The Service may only be used to order Travel Money for personal or business travel and not for speculative, investment or any other purposes. By ordering Travel Money from us, you confirm that you have read and understood the TOU and agree to be bound by them and to comply with all applicable laws and regulations.

The Service is only available for the currencies listed from time to time on the online ordering screen. Orders of foreign currency banknotes. All orders are subject to a maximum value of $1,000.00 per person per day. Product availability may also be subject to further monetary limits and currency exchange restrictions. Customers must comply with all applicable laws and regulations, including those relating to anti-money laundering regulations. Frequent flyer points are not awarded in conjunction with use of the Service.

Placing an Order

When you place an order you will be given the option to place an order of (1) Travel Money for delivery to your home.

If you choose to place an order for home delivery, you can select a specific business day for delivery up to 21 days in advance. For further information, please see section entitled "Home Delivery" below.

To place an order, follow the instructions on the ordering screen. You are able to correct errors or cancel your order up to the point at which you click on "Submit Order" on the Review & Confirm Page. You will be required to pay for the Travel Money at the time of your order using your credit or debit card. The exchange rates we quote are subject to change. Your order will be subject to the exchange rate (as set by us) that appears on the ordering screen at the time we receive your order.*

*Exchange rates quoted in the newspapers are not indicative of exchange rates that the average consumer can secure. The rates published in the newspapers are usually “spot rates” available on amounts of $1 million or more transferred electronically between banks.

You must provide the information requested during the ordering process for us to process your order. We reserve the right to request further information from you at any time to enable us to complete your order and/or to comply with regulatory requirements. We will use certain procedures to authenticate each transaction and may, at any time, decline to process your order or any part thereof for any reason. By placing an order, you confirm that the details contained in the order are correct in all respects.

The system will display a confirmation screen setting out the details of your order. This confirms our receipt of your order. A contract between you and us is formed only when we send you a confirmation email that your credit or debit card payment has been accepted. Please print a copy of the confirmation screen for your records and print or store the confirmation email in a safe place, as it may be your only record of your transaction. If you do not receive a confirmation number and / or email, it is likely that your order has not been received or that your order has not been accepted by XTend Inc. In this case, please contact our customer services department in order to verify this.

Home Delivery

We use a selection of delivery agents to ensure your order is delivered in the most efficient way. All home delivery orders are sent by either UPS or FedEx (unless we advise you otherwise) (our "Delivery Agent") and only to your credit or debit card billing address. Please note that delivery times may vary. A valid telephone number is required for home delivery.

For details and exceptions of the service provided by UPS please click here. For details and exceptions of the service provided by FedEx please click here. 

Please note that we do not deliver to post office ("PO") boxes.

Replacements and Returns

If you fail to accept delivery for any reason and wish your order to be re-delivered it will be your responsibility to pay any additional delivery charges.

If you do not receive your order by the specified delivery date or you receive the order and it is incorrect because of a fault on our part, you should notify us of the non-delivery or error and we will resend the order or correct the error by delivering a replacement order, as the case may be. In the event we deliver a replacement order, you agree to return the original order (if received) to us through our Delivery Agent within 14 days and we will reimburse the return postage to you. If you fail to return the original order you authorize XTend Inc. to charge your credit or debit card for the amount of the replacement order less the amount of the error, if any.

If the value of the order delivered to you is greater than the order you placed with us, you will return the excess to us through our Delivery Agent within 14 days. If the delay in delivery or error is due to our fault, we will reimburse the return postage to you.

In the event you are entitled to a return or a replacement, please contact customer services at customer.assistance@xTendTravel.com

Cancellation Policy

Order details cannot be amended once you have clicked on “Submit Now” on the Review & Confirm Page.

In accordance with the terms and conditions outlined below, orders may be cancelled by emailing us at customer.assistance@xTendTravel.com

Home Delivery

If you have placed an order for home delivery, this order can be cancelled as long as your order has not been dispatched for delivery, and we will refund you the full amount you paid for your order, excluding any applicable card issuer charges. These card issuer charges are separate to any charges made by XTend Inc. and as such, are levied directly by your credit or debit card issuer. For further information, please see section entitled “Charges” below.

If you cancel your order for home delivery after your order has been dispatched for delivery, we will refund you the amount you paid for your order, less any delivery charges, and excluding any applicable card issuer charges. Any delivery charges are non-refundable. Card issuer charges are separate to any charges made by XTend Inc. and as such, are levied directly by your credit or debit card issuer. For further information, please see section entitled “Charges” below.

All Orders

XTend Inc. shall process all refunds to the card account originally used to purchase your order within 30 days. The date on which the funds reach your card account will be dependent on the processing times of your card issuer.  Please note that XTend Inc. will not refund any cash advance charges made by your card issuer.

The provisions of this cancellation policy do not affect your statutory rights

Corrections and Complaints

No changes are allowed once you have clicked "Submit Order" on the Review & Confirm Page.

If you have any comments or complaints please contact us by emailing us at customer.assistance@xTendTravel.com.

Charges

Foreign currency banknotes have no service charge. If you choose to place an order for home delivery, the charges for delivering your order will appear in the online order details. The total sum payable by you (except for any charges levied by your credit or debit card issuer) will be shown on the Review & Confirm screen. You can pay for orders with most major credit or debit cards issued in the United States registered in your name and with sufficient funds available to cover your order and any applicable fees.

Credit/debit cards may be subject to a cash advance fee by the card issuer, which will be shown separately on your Credit or Debit Card statement.

Third Party Rights

When you place an order for Travel Money we are entering into a contract with you personally. Nothing in these terms will confer any benefit on any third party or any right to enforce these terms.

Personal Information and Payment Security

Please click on this link Privacy Policy to find out how we collect and use your personal information. By using the XTend Inc. Applications, you consent to such collection and use and warrant that all information provided by you is accurate. You agree that we may use personal information provided by you in order to conduct appropriate anti-money laundering and fraud checks. Personal information that you provide may be disclosed to a credit reference agency which may keep a record of such information.

All credit and debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment your order will not be accepted.

Alteration of Terms

We may, at any time, with immediate effect, change, suspend or withdraw the XTend Inc. Applications, the Service and these TOU without notice and without liability to you. If we revise these TOU, we will post the revised version on the XTend Inc. Applications. You are expected to review our TOU from time to time to take notice of any changes we make and prior to completing each Travel Money order, as they are binding on you. By using the XTend Inc. Applications or the Service or by placing orders after we have changed these TOU, you will be accepting the changes.

Law and Jurisdiction

Our relationship shall be governed and interpreted in accordance with the laws of the State of Delaware. We both here by consent to the non-exclusive jurisdiction of the State and federal courts in and for Delaware for the resolution of any dispute which may arise under these TOU, our Privacy Policy, our Mobile App Terms and Conditions, and/or any other terms and conditions or policies of XTend Inc. ("XTend Inc. Policies"). Any dispute, which cannot be resolved between us, shall be resolved in the courts in the State of Delaware. We hereby disclaim the application of the United Nations Convention on the International Sale of Goods from these TOU.

Miscellaneous

These TOU, and XTend Inc. Policies incorporated herein, are the entire agreement between you and XTend Inc. They supersede any and all prior or contemporaneous agreements between you and XTend Inc. relating to your use of the XTend Inc. Applications or the Services. XTend Inc. may assign these TOU, in whole or in part, at any time. If any part of these TOU is determined to be invalid or unenforceable, it will not impact any other provision of these TOU, all of which will remain in full force and effect. Headings in the TOU are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of XTend Inc. to partially or fully exercise any rights or the waiver of XTend Inc. of any breach of these TOU by you, shall not prevent a subsequent exercise of such right by XTend Inc. or be deemed a waiver by XTend Inc. of any subsequent breach by you of the same or any other term of these TOU. The rights and remedies of XTend Inc. under these TOU and any other applicable agreement between you and XTend Inc. shall be cumulative, and the exercise of any such right or remedy shall not limit XTend Inc.'s right to exercise any other right or remedy.

© 2019, XTend Inc. All rights reserved.

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