Terms and Services

Last Revised: July 6, 2021

Welcome to Xave Finance! The following Terms of Service (“Terms of Service” or “Terms”) apply to all users of https://www.xave.finance/ and its associated websites, subdomains, mobile versions, any associated applications and services (collectively, the “Site”), which are operated by Open Ocean Sites PTE. LTD. (“Xave Finance” “we” or “us”).

The Terms for the Site represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and Xave Finance regarding your use of the Site. Together, Users and Xave Finance are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time on the Site (the “Guidelines”).  All Guidelines are incorporated by reference into these Terms. These Terms apply to all users of the Site, including without limitation, users who are browsers, customers, vendors, merchants, and/or contributors of content.

BEFORE USING THE SITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING, BROWSING AND/OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES, AND ANY FUTURE MODIFICATIONS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

The Xave Finance Site is provided for informational purposes only, and you should not construe any information or other material on the Site as legal, tax, investment, financial or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement or offer by Xave Finance to buy or sell any cryptocurrencies or other financial instruments in this or in in any other jurisdiction.
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1. Children. You must be the age of Majority or older in your jurisidction (18 in many jurisdictions; older in some) to use the site. [While individuals younger than the age of 18 (but not younger than 13) may use the Site, they must do so only with the consent and involvement of a parent or legal guardian, under such persons account and otherwise subject to these Terms. Xave Finance does not seek through this Site to gather information from or about persons younger than the age of 18.]

‍2. Privacy Notice. Your privacy is important to Xave Finance. Xave Finance’s Privacy Policy is incorporated into these Terms by reference and may be accessed here [Privacy Policy]. Please read the Privacy Policy carefully for information relating to Xave Finance’s collection, use and disclosure of information.

3. Modification of the Terms. Xave Finance reserves the right, at our discretion, to change, modify, add or remove portions of these Terms at any time for any reason, and we may notify you of such changes through any of a variety of means, including a change to the “Last Revised” date set forth above and other reasonable means to be determined at our discretion. All changes shall be effective immediately. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

4. Site Access, Linking. Xave Finance grants you permission to use its Site as set forth in these Terms, provided that and for so long as (i) you use the Site solely as expressly permitted herein; (ii) except as expressly permitted in these Terms, you do not download, reproduce, redistribute, retransmit, publish, resell, distribute, publicly display or otherwise use or exploit any portion of the Site in any medium without Xave Finance’s prior written authorization; (iii) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) you do not engage in any of the prohibited uses as described in these Terms; and (v) you otherwise fully comply with these Terms.  The Site is controlled and offered by Xave Finance from its facilities in Singapore. Xave Finance makes no representations that the Site is appropriate or available for use in other locations.  If you are accessing or using the Site from other jurisdictions, you do so at your own risk, and you are responsible for compliance with local laws.

‍5. Token Distribution Disclaimer. To any and all prospective holders, purchasers, assignees, or transferees of the Xave Finance tokens, XAV ERC-20 (“Xave Finance Tokens”), by your participation in the relevant token distribution and interaction with the materials herein and with the Xave Finance Tokens themselves, you acknowledge your understanding and agreement with the disclaimers herein:

You represent and warrant you are not: (i) in violation of any laws relating to economic sanctions, anti-money laundering, or anti-corruption; (ii) restricted or prohibited in dealings by a global sanctions authority (including but not limited to the Security Council of the United Nations, the European Union, or the U.S. Office of Foreign Assets and Control) (a "Sanctions Authority"), (iii) a citizen of or domiciled in a jurisdiction where it would be illegal according to Applicable Law for you to access or use the Xave Finance Services or Xave Finance Trading Platform; (iv) a citizen of or domiciled in (at any time) a country sanctioned by a Sanctions Authority including, but not limited to, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine; (iv) located, incorporated or otherwise established in the United States of America (including its territories and dependencies, any state of the United States and the District of Columbia) and not a “U.S. Person” as defined in Regulation S under the U.S. Securities Act of 1933, as amended; or (v) intending to transact with any restricted jurisdiction.

Xave Finance has undertaken commercially reasonable screening measures, to the extent possible in a distribution performed by a decentralized exchange and accompanying DAO, to prevent any excluded persons or jurisdictions from participating in the sale, but as an additional measure relies upon your representation that you are not excluded from participation in accord with the foregoing. If Xave Finance determines that you are accessing the Services or the Trading Platform from any restricted jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, Xave Finance reserves the right to close any of your accounts immediately and liquidate any open positions. In addition, You agree that you will not knowingly transfer Xave Finance Tokens to any person described in clause (iv) above.

“Applicable Law” means all civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions, rules and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which any member of Xave Finance or you are bound in any jurisdiction applicable to the receipt or performance of the Services.

“Services” means websites, applications and any services provided by Xave Finance.

“Trading Platform” means the trading platform on https://www.xave.finance/ and subdomains, mobile applications, APIs and other media relating to the trading platform.

6. Ownership; Proprietary Rights.
General. The Site, including all content, visual interfaces, interactive features, audio, video, digital content, information, text, graphics, design, compilation, computer code, software, services, proprietary information, copyrights, service marks, trademarks, trade names, distinctive information such as logos, the selection, sequence, “look and feel,” arrangement of items, and all other elements of the Site that are provided by Xave Finance(“Xave Finance Materials”) are owned and/or licensed by Xave Finance and are legally protected, without limitation, under all applicable laws, regulations and treaties. Except as expressly authorized by Xave Finance, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, reverse engineer or disassemble any software or otherwise make unauthorized use of the Site or Xave Finance Materials. Xave Finance reserves all rights not expressly granted in these Terms. You shall not acquire any right, title or interest to the Xave Finance Materials, except for the limited rights expressly set forth in these Terms.

7. Prohibited Uses of the Site.
‍a.) As a condition of your use of the Site, you hereby represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited (including, without limitation, the prohibitions in this Section) by these Terms.

b.) Any use by you of any of the Xave Finance Materials and Site other than for your personal use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute, or exploit any portion of the Site obtained through the Site, for any purpose other than for your personal use. Any use of the Site other than as expressly permitted herein without our consent is strictly prohibited.

c.) Except as expressly provided in Section 4, you agree not to create derivative works of the Site content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of Xave Finance and any applicable licensors.

d.) You agree not to use the Site if you do not meet the eligibility requirements described in Section 1 above.

e.) You agree not to defame, harass, abuse, threaten, stalk or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.

f.) You agree not to intentionally interfere with or damage, impair or disable the operation of the Site or any User’s enjoyment of it by any means, including but not limited to uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code, or placing a disproportionate load on the Site with the intended result of denying service to other Users.

g.) You agree not to remove, circumvent, disable, damage or otherwise interfere with any security- related features of the Site, features that prevent or restrict the use or copying of any part of the Site, or features that enforce limitations on the use of the Site.

h.) You agree not to attempt to gain unauthorized access to the Site or any part of it, including gaining access or attempting to gain access to another user’s account, computer systems or networks connected to the Site or any part of it, through request, hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted through the Site.

i.) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site or for the removal of any proprietary notices or labels on the Site.

j.) You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

k.) You agree not to use framing techniques to enclose any trademark, logo, or other Xave Finance Materials without our express prior written consent. You agree not to use any meta tags or any other “hidden text” using Xave Finance’s name or trademarks without Xave Finance's express prior written consent.

l.) You agree not to use any Xave Finance logos, graphics, or trademarks as part of the link without our express prior written consent.

m.) You agree not to sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site to any third party.

n.) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

o.) You agree not to use the Site in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers.

p.) You agree not to modify, adapt, translate, or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

q.) You agree not to impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

r.) You agree not to use the Site to “stalk” or otherwise harass or harm another in any way.

Unauthorized or prohibited use of the Site or the Xave Finance Materials may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.

8. Linkingto the Site and Reference Sites.
‍(a) Linking to the Site:
You are not permitted to link directly to any image hosted on the Site, such as using an “in-line” linking method to cause the image hosted on the Site to be displayed on another website.  You agree not to download or use images hosted on the Site on another website, for any purpose, including, without limitation, posting such images on another website.  You agree not to link from any other website in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third-party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other website at any time.

(b) Reference Sites:
Xave Finance may provide links on the Site to other websites, including the content therein (“Reference Sites”). Xave Finance has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Site.  Xave Finance provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business found on or through the Site, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information and/or the terms and conditions applicable to any transaction between you and such third-party.  You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or businesses on the Site.  ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.  Our terms and policies do not govern your use of any website other than our Site. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.

9. Service Availability; Timeliness of Information. Xave Finance may make changes to or discontinue any of the Xave Finance Materials, web communities or content available on the Site at any time, and without notice, and Xave Finance makes no commitment to update these materials on the Site.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

10. Service Testing. From time to time, we test various aspects of the Site, including the platform, user interfaces, service levels, plans, promotions, features and availability of Xave Finance Materials, and we reserve the right to include you in or exclude you from these tests without notice.

11. Feedback. You agree that with respect to any contest or other promotion entries, feedback, analysis, suggestions and comments to Xave Finance provided by you (collectively, “Feedback”), IN CONSIDERATION OF XAVE FINANCE PROVIDING ACCESS TO THE SITE FREE OF CHARGE, USER HEREBY GRANTS TO XAVE FINANCE THE EXCLUSIVE PERPETUAL, IRREVOCABLE AND WORLDWIDE RIGHT TO USE, COPY, DISPLAY, PERFORM, TRANSLATE, MODIFY, LICENSE, SUBLICENSE AND OTHERWISE EXPLOIT ALL OR PART OF THE FEEDBACK OR ANY DERIVATIVE THEREOF IN ANY EMBODIMENT, MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO USER. User represents and warrants that User has the right to make the foregoing grant to Xave Finance and that any Feedback which is provided by User to Xave Finance does not infringe any third-party intellectual property or any other rights. Notwithstanding the foregoing, Xave Finance grants to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual and irrevocable license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.

12. Termination. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by ceasing use of our Site. You agree that Xave Finance, in its sole discretion, may terminate any account (or any part thereof) you may have through the Site or your use of the Site, and remove and discard all or any information provided by you. You agree that your access to the Site or portion thereof may be terminated without prior notice; and/or accordingly we may deny you access to the Site (or any part thereof). You also agree that Xave Finance shall not be liable to you or any third-party for any such termination. Xave Finance reserves the right to modify, suspend or discontinue the Site and/or access to it at any time and without notice to you, and Xave Finance will not be liable to you should it exercise such rights, even if your use of the Site is impacted by the change. These remedies are in addition to any other remedies Xave Finance may have at law or in equity.

13. INDEMNIFICATION; HOLD HARMLESS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS XAVE FINANCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LOSSES, OBLIGATIONS, DAMAGES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING ATTORNEY’S FEES) ARISING OUT OF (I) YOUR USE OR MISUSE OF THE SITE; (II) YOUR VIOLATION OF THESE TERMS; (III) YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY; (IV) YOUR BREACH OF THE FOREGOING REPRESENTATIONS, WARRANTIES, AND COVENANTS; AND (V) ANY UNAUTHORIZED USE OF THE SITE. XAVE FINANCE RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER GIVING RISE TO YOUR INDEMNIFICATION OBLIGATIONS WITHOUT THE PRIOR WRITTEN CONSENT OF XAVE FINANCE. XAVE FINANCE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING UPON BECOMING AWARE OF IT.

14. DISCLAIMERS; NO WARRANTIES.
(A) ACKNOWLEDGMENT. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 14, AND SECTIONS 15 AND 16 BELOW, THE TERM XAVE FINANCE INCLUDES EACH OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, AGENTS AND SUBCONTRACTORS.

(B) NO WARRANTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, XAVE FINANCE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM XAVE FINANCE OR THROUGH THE SITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(C) “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND XAVE FINANCE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

(D) SITE OPERATION. XAVE FINANCE DOES NOT WARRANT THAT THE XAVE FINANCE MATERIALS, SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, HACKING, VIRUSES, OR OTHER HARMFUL COMPONENTS AND DOES NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

(E) ACCURACY. XAVE FINANCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

(F) HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USING, ACCESSING, DOWNLOADING, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF, OR OTHER ACCESS TO SUCH MATERIAL OR DATA.

15. LIMITATION OF LIABILITY AND DAMAGES.
(A) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL XAVE FINANCE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS, BE LIABLE FOR PERSONAL INJURY OR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OF, OR THE INABILITY TO USE, THE XAVE FINANCE MATERIALS, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH XAVE FINANCE, EVEN IF XAVE FINANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) LIMITATION OF DAMAGES. IN NO EVENT SHALL XAVE FINANCE OR ITS THIRD PARTY COLLABORATORS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS (USD $100).

‍16. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN.
(A) LIMITATIONS BY APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

(B) BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT XAVE FINANCE HAS OFFERED ITS CONTENT AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND XAVE FINANCE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND XAVE FINANCE. YOU ACKNOWLEDGE AND AGREE THAT XAVE FINANCE WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

‍17. Miscellaneous.
(a) Notice. Xave Finance may provide you with notices, including those regarding changes to these Terms, by postings on the Site. You may provide Xave Finance with notices only by email at [info@xave.finance].

(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of Singapore without giving effect to any principles of conflicts of law.

(c) Jurisdiction. For any dispute you have with us, you agree to first contact us through email [info@xave.finance] and attempt to resolve the dispute with us informally. If we have not been able to resolve the dispute with you informally, we each agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the courts of Singapore and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

(d) Claims. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.  If, for any reason, we believe, have reason to believe, suspect or are notified of any act, omission or circumstances which may or could (i) compromise or endanger the health, well-being or safety of any person, (ii) cause or lead to damage to persons or property (tangible or intangible), (iii) adversely affect, infringe upon or misappropriate the rights of others, (iv) harass or interfere with any other user or person, firm or enterprise, (v) interfere with or bypass our security or other protective measures applicable to our systems, networks and communications capabilities, (vi) breach or violate these Terms, or (vii) violate any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.

(e) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Xave Finance to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

(f) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(g) Assignment. The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Xave Finance without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

(h) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.

(i) Entire Agreement. This is the entire agreement between you and Xave Finance relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with Xave Finance. These Terms shall not be modified except in writing, signed by both parties, or by a change to these Terms made by Xave Finance as set forth in Section 3 above. All rights not expressly granted in these Terms are reserved to us.
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