Welcome to xSquare UAE

The Terms of Use shall be effective from 20th June 2024 The Terms of Use [“the Agreement”] is a contract between you and XSquare Payment Services LLC to govern your use of all XSquare services in United Arab Emirates. Using the XSquare services means that you have expressly accepted and agreed to all of the terms and conditions contained in this Agreement including the Privacy Policy. The below mentioned terms and conditions read with the payment terms as determined with XSquare team and the privacy policy governs the relationship between you and XSquare Payment Services LLC [“XSquare”]. This Agreement together with any other agreement you may enter into with XSquare relating to your use of the XSquare service will be regarded as part and parcel of this agreement and shall be read together for all purposes.

You are hence requested to read and understand the following terms and conditions, carefully, before registering on, accessing, browsing, downloading or using our website located at www.xsquare.biz or through any mobile application or API or any similar platform (hereinafter referred to as “XSquare Platform”) owned, managed and controlled by XSquare having its principal place of business at 203A-4, Business Village, Port Saeed, Dubai, UAE on any such device and/or before availing any services offered by XSquare on or through this XSquare Platform.

The user shall opt for the services through the XSquare platform, only when he accepts to abide by all of the Terms and Conditions hereinafter contained.

The access to and use of this XSquare platform is subject to the following terms and conditions of use. The words, “he”, "his", "You", “User” refer to the person(s) who opens the account and shall include both singular and plural. Reference to masculine shall include the feminine and third gender. The terms may be accepted by individuals or entities/non-individuals such as corporates, private limited companies, public limited companies, trusts, association of persons, public sector undertakings, non-government organisations, partnership firms etc. and the terms within the document need to be construed accordingly irrespective of the usage therein. Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, modifications amendments, re-enactments or replacements as may be applicable, for the time being in force. All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these Terms.

The user shall comply with all such terms and conditions as XSquare may prescribe from time to time with regard to the Services provided by it. All Transactions effected by or through this XSquare platform, shall constitute legally binding and valid transactions between the User and XSquare.These terms and conditions as accepted by user shall be read along with and in addition to any terms and conditions in force from time to time and issued if any issued by any Service Provider, relating to the usage of this XSquare Platform They will also be read in conjunction with the Privacy Policy

This is an important document which you must read, review and consider carefully when choosing whether to use the XSquare Services. Please note the following before using the XSquare Services:

1. We may close, suspend, or limit your access to your Account or the XSquare Services, and/or limit access to your funds if you violate this Agreement, the Privacy Policy or any other agreement you enter into with XSquare.
2. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the XSquare Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions if any.
3. XSquare does not have control of nor assumes the liability or legality for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a Buyer or a Seller will complete a transaction. Please note that there are risks of dealing with underage persons or people acting under false pretence.

XSquare reserves the right to change or modify the Content, or information appearing on or in connection with this XSquare platform, including these Terms at any time without prior written notice to the User. XSquare may at any time revise this Agreement by updating this posting. The User is bound by such revisions and should therefore do visit these pages to review the current Agreement from time to time. All future Changes shall be notified once you log in into your account and please ensure to read and keep updated of the terms and conditions from time to time. By continuing to access the XSquare Platform or use the Services on or after the Effective Date of the revised Agreement, the User agrees to have read, understood and also be bound by the revised Terms.

XSquare is a Business to Business digital payment solution provider/facilitator and acts as such by creating, hosting, maintaining and providing our XSquare Services to you via its XSquare platform.
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Our services provide you an online secured platform to settle your legitimate business transactions through the XSquare platform.XSquare is not in any remittance business or a money transfer service and the Personal Payments feature from person to person is prohibited from been used while you remit funds to third parties.

We do not have any control over, and are not responsible or liable for, the products or services in respect of the business transactions facilitated through our XSquare Services. We don’t guarantee the completion of the transaction or the identity of your contracting party.
XSquare is not a common carrier or public utility. We do not:
• Act as your agent or trustee;
• Enter into a partnership, joint venture, agency or employment relationship with you;

means any bank or financial institution that processes credit card payments of the Buyer

Application programming interface (API) is a set of subroutine definitions, communication protocols and tools for building software and implies a software code that allows two software program to communicate with each other.

shall mean any person [an individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE] who/which is registered on the XSquare platform for using this XSquare platform and/or who/ which subscribes for the Services through this XSquare platform to make payments to the user or to make any settlement and with whom XSquare has executed a valid agreement. The term "Buyer" shall also cover such personnel of any Buyer who are duly authorized to avail of the Services on behalf of the Buyer.

mean any services or products which are purchased/ offered for sale by a User to third parties from time to time, Products shall not include those banned products and services that are listed in Annexure A.

shall mean any person [an individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE ] who/which is registered on the XSquare platform for using this XSquare platform and/or who/ which subscribes for the Services through this XSquare platform to receive payments from the user. The term "Seller" shall also cover such personnel of any Seller who are duly authorized to avail of the Services on behalf of the Seller.

means the service provided by XSquare and Service Providers, if any, to user, whereby a User can make settlements of legitimate business transactions which will include Value Added Tax (VAT) Payments or any other taxes applicable under UAE Federal Law that may be offered for payment by XSquare on the XSquare Platform.

means a bank, association, facility provider, card issuing institution, acquirer, other financial institution, card processor, clearing house networks or any such payers or service providers, that XSquare may engage with from time to time to provide the services.

means such bank account maintained by XSquare as may be applicable from time to time.

means a payment instruction that results in the successful transfer of monies or settlement (a) from a Buyer to a User; or (b) from a User to a Seller as applicable.

means the total amount receivable by a User/Seller as applicable. This amount shall include all applicable taxes, charges, interest, delivery costs, commissions and other such incidental charges etc.

shall mean any person [ individual resident in UAE and/or a company/partnership firm/sole proprietor/ or entity registered in UAE ] who/which is registered on the XSquare platform for using this XSquare platform and/or who/ which subscribes for the Services through this XSquare platform to make settlements of legitimate business transactions. The term "User" shall also cover such personnel of any User who are duly authorized to avail of the Services on behalf of the User

To be eligible to use the XSquare Services, you must be (a) an entity eligible and registered to carry out business or operate in UAE; or (b) an individual who is at least 18 years old and a resident of UAE .The XSquare platform and Services are intended solely for persons who are 18 years of age or higher based on the age of majority in UAE jurisdiction and legally competent to contract and anyone who is not previously suspended or removed by XSquare from availing the XSquare Services or accessing the XSquare Platform. Any access to or use of the XSquare platform or Services by anyone under 18 is expressly prohibited. By using the XSquare platform or Services User represents and warrants that he is 18 or older and is competent to contract. Parties involved in the business transactions also confirm and declare that they are competent to contract. Parties involved in the business transactions represent and warrant that they have full power and authority for using the Services and is in strict compliance of all laws as applicable from time to time. Finally, Parties involved in the business transactions also represent not to impersonate any person or entity, or falsely state or otherwise misrepresent his identity, age or affiliation with any person or entity.
To continue to be eligible to use the XSquare account, the User hereby expressly covenants that the XSquare platform shall be used exclusively for genuine and bonafide business transactions and is not utilised for a person to person digital transfer or for the purpose of any illegal or anti-money laundering activity and you must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

In order to avail the Services, User must be registered with XSquare.. User shall provide XSquare with all such documents as may be required by XSquare. By registering with XSquare, User agrees to provide true, accurate, current and complete information, failing which XSquare may at any time reject User’s registration and terminate his right to use or access the XSquare platform and/or Services. When User registers on the XSquare, a User Account will be created, that is associated with User’s User name, password and other identifying information. User shall be responsible for anything that happens through his User Account. By registering with XSquare, User expressly consents to the terms and conditions, payment terms and Privacy Policy. If the User does not feel comfortable with any part of our Terms of Service, he must not use or access the Service. The User expressly undertakes to keep his account information current and valid and in case of any change in information provided, update his account immediately.

The user hereby understands and agrees that if he does not receive an electronic communication sent by XSquare due to an incorrect, or blocked email address or any other reason that makes the user unable to receive electronic communications, XSquare will be deemed to have provided the communication to the user effectively. Please note that if the User uses a spam filter that blocks or re-routes emails from senders not listed in his email address book, the User must add XSquare to his email address book so that he will be able to view the Communications that XSquare sends to you.

The User can update his primary email address or business address at any time by logging into the XSquare website. If his email address becomes invalid such that electronic Communications sent to him by XSquare are returned, XSquare may deem that the User Account to be inactive, and User will not be able to transact any activity using XSquare Account until we receive a valid, working primary email address from the User. In the event of any action/notice by any law enforcement agency or conviction by a court of law, the User shall undertake to forthwith without any delay inform XSquare about the same and keep XSquare updated.

The User will be required to submit the following information while registering:
• Valid Identification and address proof of the User.
• Business document in case of an entity.

The User is responsible to keep his primary email address up to date so that XSquare can communicate with him electronically. The User authorises XSquare directly or through third parties, to make any inquiries as XSquare consider necessary to validate the identity, including as necessary to comply with the obligations under applicable laws and regulations. This may include asking the User for further information or documentation, requiring him to provide personal identification documents, valid identity proof and address proof.

Identity Verification: The User hereby expressly authorises XSquare, directly or through third parties, including banks, service providers and acquirers to make any inquiries as XSquare may consider necessary to validate the User’s identity. This may include asking the User for further information or documentation, requiring the User to provide a taxpayer or national identification number, requiring him to take steps to confirm ownership of his email address or financial instruments, ordering a credit report or verifying his Information against third party databases or through other sources. The User hereby expressly also confirms and agrees that such Know Your Customer process shall also apply to his Buyer/Seller and he ensures that such consent for identity verification is obtained for the same from the Buyer/Seller .

The User hereby authorizes XSquare, directly or through third parties, to make any inquiries XSquare may consider necessary to verify the User’s identity. This may include:
• Asking User for further information, such as his date of birth, nationality and personal identification and or other identifying documents that will allow XSquare to reasonably identify you and your Buyer/Seller;
• Requiring the User to take steps to confirm ownership of his email address or financial instruments;
• Asking User to provide legal documents on their company incorporation and shareholder structure.
• Asking Users to furnish documents that will provide their establishments proof of address.
• ordering a credit report from a credit reporting agency, or verifying his information against third party databases or through other source; or
• To let XSquare obtain business credit report from a credit bureau at any time during the use of this XSquare Service. The User hereby also authorise XSquare to obtain his personal and/or business credit report: (a) when User request certain new products, or (b) at any time XSquare reasonably believes there may be an increased level of risk associated with his XSquare Account.Anti-money laundering and counter-terrorism financing laws requires that XSquare verify the required identifying information. XSquare reserves the right to close, suspend, or limit access to his XSquare account and/or the XSquare services in the event that, after reasonable enquiries, XSquare is unable to obtain information about the User required to verify his identity.

The Services may be used exclusively by the User for making legitimate business transactions including tax payments.
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To enable the User to use the Services, a link with login credentials will be communicated to the User on his mobile phone or notified email address and the User irrevocably and unconditionally accepts the sole responsibility for use, confidentiality and protection of said login credentials, including passwords, as well as for all orders and information and changes entered into the mobile/ e mail/web account using such login credentials. For use of services provided by XSquare, the User hereby shall make payment to XSquare as may be discussed and agreed with XSquare sales team.

XSquare has no obligation to verify the authenticity of the Transaction once the transaction is generated through a valid login and authenticated through a password. The User shall at all times take all appropriate steps, including those as mentioned herein, to maintain the security and confidentiality of the information. XSquare shall not be liable for any mistake or misuse of the Services by either the User or by any person authorized by the User, or by any person gaining access to the Services through the User. User agrees that XSquare accepts all instructions originating from his Account in good faith and that they are genuine and are normal business transaction and, in a manner, consistent with commercially reasonable security standards. User shall indemnify and hold XSquare safe and harmless for direct or indirect losses resulted as a result of the disclosure of sensitive information by or through User or for any loss or damage caused to XSquare, its officers and employees or the acquirer for any breach of the terms of use/privacy policy/payment terms by the User or for any Intellectual Property infringement claim brought by third party or for any other loss or damage due to security breach more particularly dealt with in clause 12 relating to Indemnity and Breach.

In case of tax payment, XSquare will send the notification via email once the VAT is processed & settled successfully in the Federal Tax Authority (FDA)-UAE account. Additionally, VAT registered users can login and check their VAT related transactions/pending taxes/etc. on the FTA website.

a) Every User is responsible to
(i) furnish to XSquare forthwith on demand, the original copy/copies of proof of delivery of Products, invoices or other records pertaining to any Transaction which is in dispute and XSquare is joined in as a party;
(ii) ensure that all licenses and registrations required by him are in full force and effect to enable them to carry on the business of sale/ purchase of Products and rendering of Services and agrees to furnish immediately copies of such licenses on request by XSquare.
b) User shall not
(i) carry out any activity, which is banned, illegal or immoral,
(ii) use the Services in any manner or in furtherance of any activity, which constitutes a violation of any law or regulation or which may cause XSquare to be subject to investigation, prosecution or legal action.
c) User undertakes and assures to XSquare that payments shall not be received in respect of any Products mentioned in the banned items list set out in Annexure A whether directly or indirectly through the buyer or transaction whether directly or indirectly through the buyer in countries mentioned in Annexure B.
d) User undertakes and assures and that payments are received in under valid business contract with the buyer.
e) User shall bear and be solely and exclusively responsible for the payment of all relevant & applicable taxes (including any applicable withholding taxes) as may be due from time to time.
f) A User shall not at any time require any other User or any other person to provide him with any details of the accounts held by the other Users with any Banks including, the passwords, account number, card numbers, mobile phone numbers and PIN which may be assigned to them by the Banks from time to time.
g) A User shall use the information regarding a payee/ payer (including name, address, e-mail address, telephone numbers and other data) conveyed to him whilst using the Services, only for the purpose of completing the Transaction for which it was furnished, and not to sell or otherwise furnish such information to others unless he has an independent source of such information or obtains the express written consent of such Buyer/ Seller.
h) A User shall inform XSquare of any change in his email address, mobile number, address, ownership or legal status or his cessation of business in writing forthwith on such change.
i) User shall not interfere with or damage the XSquare platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
j) As a condition of use of the Services, the User will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or violate the T&Cs. XSquare reserves the right to suspend the User’s XSquare account or restrict use of services or any such other action as XSquare may deem fit [including but not restricted to such legal recourses as may be available], without any prior notice to the User.
k) XSquare has the right to investigate and prosecute violation of any of the above to the fullest extent of the law or seek such legal recourse as available [including but not restricted to indemnify and keep XSquare and its officers, affiliates from any such losses or damages as XSquare may incur on account of such violations and also right to adjust any money lying in the settlement account towards losses or damages that XSquare may suffer on account of such violation, without prior notice to the User.
(l) Every User availing VAT payment service on XSquare Platform shall ensure that:
i) valid GIBAN details and accurate amounts are mentioned on the XSquare Platform;
(ii) losses that may incur due to providing of incorrect GIBAN or incorrect amounts while making VAT payments, User shall be held solely and exclusively responsible in such instances.
(m) XSquare will assist the authorities in charge of VAT and other taxes in UAE in case of any investigation or audits as per the laws of UAE.

Transaction Fees: In consideration of the Services rendered by XSquare to the User, the User/Seller shall pay to XSquare a Transaction Fee as may be agreed with XSquare.
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XSquare shall deduct its Transaction Fees plus VAT on the transaction fees for every successful Transaction and make payment of the balance of the Transaction Amount to User/ Seller’s designated bank account. All other taxes, duties or charges shall be borne and paid by User/seller, unless otherwise agreed between the Parties. XSquare reserves the right to alter / modify / change the discount / commission or transaction fee payable at its discretion at any time without notice to the User.

It is hereby agreed and acknowledged by the User that the transaction fees charged by XSquare in respect of a Transaction that has been settled or completed shall not be returned or repaid by XSquare to the User or any other person irrespective of the Transaction being rejected, charged back, refunded or disputed.

a) XSquare will not be responsible for any disputes between the Users/Sellers, including issues regarding prices, delivery, non-delivery, deficiency of services or delay in delivery of the Products, quality of Products or services or otherwise. All such disputes will be dealt with by and between the User and the Buyer/ Seller directly, and XSquare shall not be a party to such disputes.
b) XSquare cannot and does not guarantee the timings of any payments made or received as such timing is dependent upon Buyer’s bank, card issuing bank/ card processor (where a credit/ debit card is used), acquiring financial institution and other Service Providers. XSquare assumes no liability and shall not be held responsible for any delays in delivery of payment or availability of funds when using the Services.
c) XSquare is not a party the contract between the User and any Buyer in respect of the purchase of good/services rendered by the User
d) User shall be responsible for any miscommunication or incorrect User/ third party/ other information that may be provided to XSquare at the time of enabling the Services for the User.

a) The User will not hold XSquare liable in case of any improper/ fraudulent/unauthorized/ duplicate/erroneous use of his mobile and/or the web-based access or through any other platform. XSquare will also not be liable for any direct or indirect consequences connected with the use/ misuse of User’s web/ mobile/ e mail account by any third party. If any third parties gain access to the Services, the User will be responsible and shall indemnify XSquare against any liability, costs or damages arising out of such misuse / use by third parties based upon or relating to such access and use, or otherwise.
b) Without prejudice to the remedies available to XSquare and these Terms, XSquare shall be under no liability whatsoever to the User in respect of any loss or damage arising directly or indirectly out of:
• any defect in any Products supplied by him or services rendered by him;
• any inability of a third party to supply or deliver the required Products or services in the necessary numbers or types or manner;
• the refusal of any person (including a Service Provider) to honour or accept a payment;
• the malfunction of any computer terminal or equipment;
• the utilization of the Services by any person other than by the Buyer;
• any transaction which is unsuccessful or fails for any reason whatsoever, whether XSquare has a prior notice of it or not;
• any mis-statement, error or omission in any details disclosed to XSquare.

If either XSquare or Service Provider suspects, on reasonable grounds, that a User has committed a breach of these Terms or any other agreement with XSquare or any act of dishonesty or fraud against XSquare/ any Service Provider, XSquare shall be entitled to (a) suspend all payment under these Terms; (b) deactivate/ suspend your User Account and disable your password; and (c) terminate User’s access to the XSquare platform or the Services; pending enquiries by XSquare. User may cancel his User Account at any time by sending XSquare’s an email to that effect.

In case if the User carries on transaction with any of the prohibited countries whether directly or indirectly laid down in Annexure B, his account will be terminated.

User shall keep XSquare and the Acquirer safe and harmless and indemnified from and against any and all liability (including but not limited to liabilities, judgments, damages, losses, claims, costs and expenses,) or any other loss that may occur, arising from or relating to any claim, suit or proceeding brought against XSquare by another User/ Service Provider/ third party for reasons including, but not limited to
(i) delivery, non-delivery or delay, deficiency or mistake in respect of the Products purchased sold or services rendered;
(ii) a breach, non-performance, non-compliance or inadequate performance by the User of any of the terms, conditions, representations, obligations or warranties made by him;
(iii) any acts, errors, misrepresentations, wilful misconduct or negligence of the User, or his employees, subcontractors and agents in performance of their obligations under these Terms;
(iv) infringement of Intellectual property rights, privacy rights of third parties;
(v) third party claims or suits
(vi) or any actions or inactions of any third party to whom you grant permissions to use your XSquare account or access our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf, or any of the XSquare services on your behalf.

XSquare or the acquirer or any other bank or service provider or credit card provider shall not be responsible for any dispute between you and Buyer/Seller or for any chargeback, refund or for any collusion between the you and your Buyer/Seller.

User agrees not to disclose or attempt to use or personally benefit from any non-public information that he may learn on the XSquare platform or through the Services. This obligation shall continue until such time as the non-public information has become publicly known through no action of your own. If the User is compelled by order of a court or other governmental or legal body (or have notice that such an order is being sought) to divulge any such non-public information, he agrees to forthwith and diligently notify XSquare and cooperate fully with XSquare in protecting such information to the extent possible under applicable law. XSquare may access, preserve and disclose any of the User’s information if required to do so by law, or XSquare believes in good faith that it is reasonably necessary to
(i) respond to claims asserted against XSquare or to comply with legal process,
(ii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or
(iii) protect the rights, property or safety of XSquare, its Users or members of the public. Please refer to our Privacy Policy for further details.

The XSquare platform content and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to XSquare, subject to copyright and other intellectual property rights under the law and international conventions. Such XSquare platform content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, uploaded, or otherwise exploited without the prior written consent of XSquare.

User understands that his access to the XSquare platform will result in the collection, use and storage of his information which is subject to XSquare's Privacy Policy. Through his access of the XSquare platform User consents to the collection, use and storage of such information, which will be held by XSquare and may be processed and stored by Service Providers. For an explanation of XSquare’s practices and policies related to the collection, use, and storage of Users’ information, please read our Privacy Policy.

THE CONTENT AND FUNCTIONALITY ON THE XSQUARE PLATFORM IS PROVIDED WITH THE UNDERSTANDING THAT XSQUARE IS NOT HEREIN ENGAGED IN ITSELF FOR MAKING PAYMENTS. XSQUARE IS AN INTERMEDIARY BETWEEN BANKS, SERVICE PROVIDERS AND USERS. ALL CONTENT AND FUNCTIONALITY ON THE XSQUARE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. XSQUARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, OR ADEQUACY OF THE XSQUARE PLATFORM OR THAT THE SERVICES PROVIDED OR THE FUNCTIONALITY ON THIS XSQUARE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

XSQUARE DO NOT WARRANT TO THE USER THAT:-
• THE INFORMATION OR CONTENTS PROVIDED ON THE XSQUARE PLATFORM WILL BE ACCURATE, COMPLETE AND UPDATED;
• THE USE OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS;
• THE USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN IN CONJUNCTION WITH XSQUARE’S SERVICES OR ANY DATA/CONTENT. XSQUARE DOES NOT WARRANT THAT PRODUCTS/SERVICES OR ANY CONTENT/DATA WILL BE PROVIDED UNINTERRUPTED OR FREE FROM ERRORS OR THAT ANY IDENTIFIED DEFECT WILL BE IMMEDIATELY CORRECTED. FURTHER, NO WARRANTY IS GIVEN THAT PRODUCTS/SERVICES OR ANY DATA/CONTENT ARE FREE FROM ANY COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS. BANK PROVIDE THE PRODUCTS/SERVICES AN "AS IS", "WHERE IS", "WITH ALL FAULTS" BASIS.

USER HEREBY ACKNOWLEDGES THAT HIS USE OF THIS XSQUARE PLATFORM AND THE SERVICES IS AT HIS SOLE RISK. UNDER NO CIRCUMSTANCES SHALL XSQUARE OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS XSQUARE PLATFORM OR THESERVICES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE XSQUARE PLATFORM, EVEN IF XSQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

XSquare’s liability is limited with respect to your XSquare account and your use of the XSquare services. In no event shall XSquare be liable for lost profits or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf, any of the XSquare services, or this User agreement (however arising, including negligence), unless and to the extent prohibited by law. Our liability to you or any third parties in any circumstance is limited to UAE 10000 Dirhams or amount paid by the User whichever is less. In addition, to the extent permitted by applicable law, XSquare is not liable, and you agree not to hold XSquare responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
(1) your use of, or your inability to use, our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf, or any of the XSquare services;
(2) delays or disruptions in our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf and any of the XSquare services;
(3) viruses or other malicious software obtained by accessing our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf or any of the XSquare services or any website or service linked to our websites, software or any of the XSquare services;
(4) glitches, bugs, errors, or inaccuracies of any kind in our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf or any of the XSquare services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties;
(6) a suspension or other action taken with respect to your XSquare account; or
(7) your need to modify your practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User agreement or XSquare’s policies.

XSquare is committed to full compliance with all applicable laws and regulations regarding Anti- Money Laundering (“AML”). XSquare policy is to prevent people engaged in money laundering, fraud, and other financial crimes, including terrorist financing, from using XSquare’s services. XSquare has robust policies and procedures to detect, prevent and report suspicious activity. To comply with AML requirements in UAE and other global sanctions, XSquare whether directly or through a third party shall screens the User accounts against government watch lists and monitor for suspicious transaction and User agrees and consents to the said screening. In addition, XSquare may request the User to provide with additional documentation to help prove his identity or for business verification purposes. XSquare shall report suspicious transactions as it deems fit.

1. Unless otherwise set out, all payments may only be made in UAE Dirham
2. XSquare shall not make any refunds of any amounts other than as agreed by these Terms.
3. The User hereby accepts that he may, from time to time, receive from XSquare or its associates, communications such as service announcements, advertisements or administrative communications.
4. XSquare’s sole obligation and User’s sole and exclusive remedy in the event of interruption to the Payment Services or loss of use and/or access to the Payment Services, shall be to use all reasonable endeavors to restore the Payment Services as soon as reasonably possible.
5. In no event shall XSquare or a Service Provider be liable to a User or any other third party for any applicable taxes and government levies.
6. In no event will XSquare’s total liability to User for all liabilities, losses, damages and causes of action arising out of or relating to these terms and conditions; or the User’s use of the XSquare platform; however, caused, exceed the amount paid by User, if any, for utilising the XSquare platform or UAE 10000 Dirhams in aggregate, at all times whichever is lesser.
7. Any link on the XSquare platform to a third-party site is not an endorsement of that third-party site or platform. The use or browsing by a User of any other XSquare platform shall be subject to the terms and conditions in each such XSquare platform.
8. XSquare does not endorse any advertiser or merchant linked to its XSquare platform. In case of any such endorsement, the User must verify all information provided by the merchants/ advertisers before arriving at his decision to purchase any Product.
9. The User’s participation in any event/ contest/ promotion shall be governed by the terms and conditions mentioned in the respective event/ contest/ promotion along with these Terms.
10.XSquare shall not be liable for any unauthorised access to the User’s data or any unauthorized transmissions sent through the XSquare Services.
11. XSquare shall have the right, at its sole discretion, to:
a. restrict or terminate a User's access to its Services;
b. modify or discontinue its Services or any part thereof; require a User to provide details in respect of any transactions and any other details as required by XSquare from time to time; without incurring any liability therefor.
12. The User shall not (whether on-line or otherwise) describe itself as agent or representative of XSquare or make any representations to any customer or any third party or give any warranties which may require XSquare or Service Provider to undertake to or be liable for, whether directly or indirectly, any obligation and/or responsibility to customer or any third party.
13. XSquare shall not be liable for any breach of these Terms due to any force-majeure event such as act of god, fire, lightning, explosion, flood, inclement weather conditions, power failures, failure in any communication systems, equipment breakdown, strikes, lock-out or any other cause beyond the control of XSquare.
14. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
15. XSquare may assign or transfer its rights and obligations to any other party.
16. In case of any dispute between the parties on the interpretation or implementation of these Terms, the appropriate court in Dubai shall have exclusive jurisdiction.
17. No failure or delay by XSquare in exercising any right, power or privilege shall operate as a waiver thereof.
18. All claims, matters and disputes are subject to the sole and exclusive jurisdiction of the competent courts in UAE.
For any queries / details Users can contact:

XSquare Payment Services LLC at 203A-4, Business Village, Port Saeed, Dubai, United Arab Emirates

Or

Write to us at hello@xsquare.biz

1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2. Body parts which includes organs or other body parts.
3. Bulk marketing tools which includes email lists, software, or other products enabling unsolicited email messages (spam).
4. Cable descramblers and black boxes which includes devices intended to obtain cable and satellite signals for free.
5. Child pornography which includes pornographic materials involving minors.
6. Scrupulous Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection.
7. Scrupulous Copyrighted media which includes unauthorized copies of books, music, movies, and other licensed or protected materials.
8. Scrupulous Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software.
9. Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps, and other potentially unauthorized goods.
10. Drugs and drug paraphernalia which includes illegal drugs and drug accessories, including herbal drugs like salvia and magic mushrooms.
11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives, and related items.
12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
13. Gaming/gambling which includes lottery tickets, sports bets, memberships/ enrolment in online gambling sites, and related content.
14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
15. Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
16. Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts.
17. Miracle cures which includes unsubstantiated cures, remedies or other items marketed as quick health fixes.
18. Offensive goods which includes literature, products or other materials that:
a) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors
b) Encourage or incite violent acts
c) Promote intolerance or hatred.
19. Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals.
20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
21. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
22. Securities, which includes stocks, bonds, or related financial products.
23. Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products.
24. Traffic devices which includes radar detectors/ jammers , license plate covers, traffic signal changers, and related products.
25. Weapons which includes firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
26. Wholesale currency which includes discounted currencies or currency exchanges.
27. Live animals or hides/skins/teeth, nails and other parts etc of animals.
28.Multi-Level Marketing collection fees.
29.Matrix sites or sites using a matrix scheme approach.
30. Work-at-home information.
31. Drop-shipped merchandise.
32. Any product or service which is not in compliance with all applicable laws and regulations whether federal, state, local or international including the laws of United Arab Emirates
33. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants; chemical/industrial solvents; government uniforms; car titles; license plates; police badges and law enforcement equipment; lock-picking devices; pesticides; postage meters; recalled items; slot machines; surveillance equipment; goods regulated by government or other agency specifications.
34. Relate to
a) promotion of hate, violence, racial intolerance or the financial exploitation of a crime,
(b) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction,
(c) certain sexually oriented materials or services,
(d) to store, track, transfer, and manage balances of digital currencies, like Bitcoin or Ethereum or cryptocurrencies or by whatever name so called.
35. Relate to transactions that
(a) show the personal information of third parties in violation of applicable law,
(b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs,
(c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card,
(d) involve currency exchanges or check cashing businesses,
(e) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or
(f) involve offering or receiving payments for the purpose of bribery or corruption or money laundering in any manner whatsoever by whatever name as called or
(g) ) Securities which includes stocks, bonds, or related financial products.

Recourses available to XSquare in case you contravene the provisions of Annexure A.

In additions to other recourses available to XSquare under clause 11 for breach of this Agreement by the User, if we believe that you’ve engaged in any of the activities laid down in Annexure A we may take a number of actions to protect XSquare, its customers and others at any time in our sole discretion. The actions we make take include, but are not limited to, the following:

• Terminate this agreement, limit your XSquare account , and/or close or suspend your XSquare account immediately without any demur or notice and without penalty to us;
• Refuse to provide the XSquare services to you in the future;
• Limit your access to our websites, software, systems (including any networks and servers used to provide any of the XSquare services) operated by us or on our behalf, your XSquare account or any of the XSquare services;
• Contact buyers/sellers who have purchased/sold goods or services from you using XSquare, your bank or credit card issuer, other impacted third parties or law enforcement about your actions;
• Update inaccurate information you provided us;
• Take legal action against you;
• You’re also responsible for damages to XSquare caused by your violation of this policy; or
If we close your XSquare account or terminate your use of the XSquare services for any reason, we’ll provide you with notice of our actionsYou are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by XSquare, any XSquare customer, or a third party caused by or arising out of your breach.

ANNEXURE B- Prohibited Countries ( WE DO NOT PROVIDE ANY SERVICES ON BELOW COUNTRIES )IF YOUR TRANSACTION CONNECT TO ANY OF THE COUNTRIES BELOW DIRECTLY OR INDIRECTLY YOUR ACCOUNT WILL BE TERMINATED.
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• Belarus
• Burma (Myanmar)
• Cote d'Ivoire
• Democratic Republic of the Congo
• Iran
• Iraq
• Liberia
• Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions
• North Korea
• Sierra Leone
• Sudan (North & South)
• Syria
• Western Balkans
• Zimbabwe
• Cuba
• Crimea (Ukraine)

XSquare Services are provided by XSquare Payment Services LLC. Users are requested to read terms and conditions carefully.