Terms and Conditions For XBrowser - Mini & Super fast
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
Application
means the software program provided by the Company downloaded by You on
any electronic device, named Manage Contacts for WhatsApp
Application
Store means the digital distribution service operated and developed by
Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which
the Application has been downloaded.
Affiliate
means an entity that controls, is controlled by or is under common
control with a party, where "control" means ownership of 50% or more of
the shares, equity interest or other securities entitled to vote for
election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Company
(referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Polar Bear Applications & Mobile Games Inc,
Global Gateway 8 Rue de la Perle Providence Mahe Seychelles.
Content
refers to content such as text, images, or other information that can
be posted, uploaded, linked to or otherwise made available by You,
regardless of the form of that content.
Country refers to: Seychelles
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback
means feedback, innovations or suggestions sent by You regarding the
attributes, performance or features of our Service.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
In-app
Purchase refers to the purchase of a product, item, service or
Subscription made through the Application and subject to these Terms and
Conditions and/or the Application Store's own terms and conditions.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Application.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Terms
and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company
regarding the use of the Service.
Third-party
Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that may be
displayed, included or made available by the Service.
You
means the individual accessing or using the Service, or the company, or
other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgement
These
are the Terms and Conditions governing the use of this Service and the
agreement that operates between You and the Company. These Terms and
Conditions set out the rights and obligations of all users regarding the
use of the Service.
Your
access to and use of the Service is conditioned on Your acceptance of
and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the
Service.
By
accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions
then You may not access the Service.
Your
access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy
Policy describes Our policies and procedures on the collection, use and
disclosure of Your personal information when You use the Application or
the Website and tells You about Your privacy rights and how the law
protects You. Please read Our Privacy Policy carefully before using Our
Service.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You legally capable of entering into binding contracts.
Your Information
If
You wish to place an Order for Goods available on the Service, You may
be asked to supply certain information relevant to Your Order including,
without limitation, Your credit card number, the expiration date of
Your credit card, Your billing address, and Your shipping information.
You
represent and warrant that: (i) You have the legal right to use any
credit or debit card(s) or other payment method(s) in connection with
any Order; and that (ii) the information You supply to us is true,
correct and complete.
By
submitting such information, You grant us the right to provide the
information to payment processing third parties for purposes of
facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
Goods availability
Errors in the description or prices for Goods
Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our
Returns Policy forms a part of these Terms and Conditions. Please read
our Returns Policy to learn more about your right to cancel Your Order.
Your
right to cancel an Order only applies to Goods that are returned in the
same condition as You received them. You should also include all of the
products instructions, documents and wrappings. Goods that are damaged
or not in the same condition as You received them or which are worn
simply beyond opening the original packaging will not be refunded. You
should therefore take reasonable care of the purchased Goods while they
are in Your possession.
We
will reimburse You no later than 14 days from the day on which We
receive Your order cancellation notice. We will use the same means of
payment as You used for the Order, and You will not incur any fees for
such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
The supply of Goods made to Your specifications or clearly personalized.
The
supply of Goods which according to their nature are not suitable to be
returned, deteriorate rapidly or where the date of expiry is over.
The
supply of Goods which are not suitable for return due to health
protection or hygiene reasons and were unsealed after delivery.
The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
The
supply of digital content which is not supplied on a tangible medium if
the performance has begun with Your prior express consent and You have
acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We
are constantly updating Our offerings of Goods on the Service. The
Goods available on Our Service may be mispriced, described inaccurately,
or unavailable, and We may experience delays in updating information
regarding our Goods on the Service and in Our advertising on other
websites.
We
cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The
prices quoted may be revised by the Company subsequent to accepting an
Order in the event of any occurrence affecting delivery caused by
government action, variation in customs duties, increased shipping
charges, higher foreign exchange costs and any other matter beyond the
control of the Company. In that event, You will have the right to cancel
Your Order.
Payments
All
Goods purchased are subject to a one-time payment. Payment can be made
through various payment methods we have available, such as Visa,
MasterCard, Affinity Card, American Express cards or online payment
methods (PayPal, for example).
Payment
cards (credit cards or debit cards) are subject to validation checks
and authorization by Your card issuer. If we do not receive the required
authorization, We will not be liable for any delay or non-delivery of
Your Order.
Subscriptions
Subscription period
The
Service or some parts of the Service are available only with a paid
Subscription. You will be billed in advance on a recurring and periodic
basis (such as daily, weekly, monthly or annually), depending on the
type of Subscription plan you select when purchasing the Subscription.
At
the end of each period, Your Subscription will automatically renew
under the exact same conditions unless You cancel it or the Company
cancels it.
Subscription cancellations
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company.
You
will not receive a refund for the fees You already paid for Your
current Subscription period and You will be able to access the Service
until the end of Your current Subscription period.
If
the Subscription has been made through an In-app Purchase, You can
cancel the renewal of Your Subscription with the Application Store.
Billing
You
shall provide the Company with accurate and complete billing
information including full name, address, state, zip code, telephone
number, and a valid payment method information.
Should
automatic billing fail to occur for any reason, the Company will issue
an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the
billing period as indicated on the invoice.
If
the Subscription has been made through an In-app Purchase, all billing
is handled by the Application Store and is governed by the Application
Store's own terms and conditions.
Fee Changes
The
Company, in its sole discretion and at any time, may modify the
Subscription fees. Any Subscription fee change will become effective at
the end of the then-current Subscription period.
The
Company will provide You with reasonable prior notice of any change in
Subscription fees to give You an opportunity to terminate Your
Subscription before such change becomes effective.
Your
continued use of the Service after the Subscription fee change comes
into effect constitutes Your agreement to pay the modified Subscription
fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain
refund requests for Subscriptions may be considered by the Company on a
case-by-case basis and granted at the sole discretion of the Company.
If
the Subscription has been made through an In-app purchase, the
Application Store’s refund policy will apply. If You wish to request a
refund, You may do so by contacting the Application Store directly.
Free Trial
The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited period of time.
You may be required to enter Your billing information in order to sign up for the Free trial.
If
You do enter Your billing information when signing up for a Free Trial,
You will not be charged by the Company until the Free trial has
expired. On the last day of the Free Trial period, unless You cancelled
Your Subscription, You will be automatically charged the applicable
Subscription fees for the type of Subscription You have selected.
At
any time and without notice, the Company reserves the right to (i)
modify the terms and conditions of the Free Trial offer, or (ii) cancel
such Free trial offer.
In-app Purchases
The Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More
information about how you may be able to manage In-app Purchases using
your Device may be set out in the Application Store's own terms and
conditions or in your Device's Help settings.
In-app
Purchases can only be consumed within the Application. If you make a
In-app Purchase, that In-app Purchase cannot be cancelled after you have
initiated its download. In-app Purchases cannot be redeemed for cash or
other consideration or otherwise transferred.
If
any In-app Purchase is not successfully downloaded or does not work
once it has been successfully downloaded, we will, after becoming aware
of the fault or being notified to the fault by You, investigate the
reason for the fault. We will act reasonably in deciding whether to
provide You with a replacement In-app Purchase or issue You with a patch
to repair the fault. In no event will We charge You to replace or
repair the In-app Purchase. In the unlikely event that we are unable to
replace or repair the relevant In-app Purchase or are unable to do so
within a reasonable period of time and without significant inconvenience
to You, We will authorize the Application Store to refund You an amount
up to the cost of the relevant In-app Purchase. Alternatively, if You
wish to request a refund, You may do so by contacting the Application
Store directly.
You
acknowledge and agree that all billing and transaction processes are
handled by the Application Store from where you downloaded the
Application and are governed by that Application Store's own terms and
conditions.
If you have any payment related issues with In-app Purchases, then you need to contact the Application Store directly.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If
You participate in any Promotions, please review the applicable rules
as well as our Privacy policy. If the rules for a Promotion conflict
with these Terms, the Promotion rules will apply.
User Accounts
When
You create an account with Us, You must provide Us information that is
accurate, complete, and current at all times. Failure to do so
constitutes a breach of the Terms, which may result in immediate
termination of Your account on Our Service.
You
are responsible for safeguarding the password that You use to access
the Service and for any activities or actions under Your password,
whether Your password is with Our Service or a Third-Party Social Media
Service.
You
agree not to disclose Your password to any third party. You must notify
Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account.
You
may not use as a username the name of another person or entity or that
is not lawfully available for use, a name or trademark that is subject
to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive, vulgar
or obscene.
Content
Your Right to Post Content
Our
Service allows You to post Content. You are responsible for the Content
that You post to the Service, including its legality, reliability, and
appropriateness.
By
posting Content to the Service, You grant Us the right and license to
use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any and
all of Your rights to any Content You submit, post or display on or
through the Service and You are responsible for protecting those rights.
You agree that this license includes the right for Us to make Your
Content available to other users of the Service, who may also use Your
Content subject to these Terms.
You
represent and warrant that: (i) the Content is Yours (You own it) or
You have the right to use it and grant Us the rights and license as
provided in these Terms, and (ii) the posting of Your Content on or
through the Service does not violate the privacy rights, publicity
rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The
Company is not responsible for the content of the Service's users. You
expressly understand and agree that You are solely responsible for the
Content and for all activity that occurs under your account, whether
done so by You or any third person using Your account.
You
may not transmit any Content that is unlawful, offensive, upsetting,
intended to disgust, threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such objectionable Content include,
but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory,
discriminatory, or mean-spirited content, including references or
commentary about religion, race, sexual orientation, gender,
national/ethnic origin, or other targeted groups.
Spam,
machine – or randomly – generated, constituting unauthorized or
unsolicited advertising, chain letters, any other form of unauthorized
solicitation, or any form of lottery or gambling.
Containing
or installing any viruses, worms, malware, trojan horses, or other
content that is designed or intended to disrupt, damage, or limit the
functioning of any software, hardware or telecommunications equipment or
to damage or obtain unauthorized access to any data or other
information of a third person.
Infringing
on any proprietary rights of any party, including patent, trademark,
trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The
Company reserves the right, but not the obligation, to, in its sole
discretion, determine whether or not any Content is appropriate and
complies with this Terms, refuse or remove this Content. The Company
further reserves the right to make formatting and edits and change the
manner any Content. The Company can also limit or revoke the use of the
Service if You post such objectionable Content.
As
the Company cannot control all content posted by users and/or third
parties on the Service, you agree to use the Service at your own risk.
You understand that by using the Service You may be exposed to content
that You may find offensive, indecent, incorrect or objectionable, and
You agree that under no circumstances will the Company be liable in any
way for any content, including any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of your use of
any content.
Content Backups
Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.
Corrupt
or invalid backup points may be caused by, without limitation, Content
that is corrupted prior to being backed up or that changes during the
time a backup is performed.
The
Company will provide support and attempt to troubleshoot any known or
discovered issues that may affect the backups of Content. But You
acknowledge that the Company has no liability related to the integrity
of Content or the failure to successfully restore Content to a usable
state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We
respect the intellectual property rights of others. It is Our policy to
respond to any claim that Content posted on the Service infringes a
copyright or other intellectual property infringement of any person.
If
You are a copyright owner, or authorized on behalf of one, and You
believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the
Service, You must submit Your notice in writing to the attention of our
copyright agent via email at polarbear@mrfloydinc.com and include in
Your notice a detailed description of the alleged infringement.
You
may be held accountable for damages (including costs and attorneys'
fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You
may submit a notification pursuant to the Digital Millennium Copyright
Act (DMCA) by providing our Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
A
description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A
statement by You that You have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law.
A
statement by You, made under penalty of perjury, that the above
information in Your notice is accurate and that You are the copyright
owner or authorized to act on the copyright owner's behalf.
You can contact our copyright agent via email at polarbear@mrfloydinc.com.
Upon
receipt of a notification, the Company will take whatever action, in
its sole discretion, it deems appropriate, including removal of the
challenged content from the Service.
Intellectual Property
The
Service and its original content (excluding Content provided by You or
other users), features and functionality are and will remain the
exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our
trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.
Your Feedback to Us
You
assign all rights, title and interest in any Feedback You provide the
Company. If for any reason such assignment is ineffective, You agree to
grant the Company a non-exclusive, perpetual, irrevocable, royalty free,
worldwide right and licence to use, reproduce, disclose, sub-licence,
distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The
Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not
be responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with the use of or
reliance on any such content, goods or services available on or through
any such web sites or services.
We
strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.
Termination
We
may terminate or suspend Your Account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation
if You breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease immediately. If
You wish to terminate Your Account, You may simply discontinue using the
Service.
Limitation of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To
the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits, loss of data or other
information, for business interruption, for personal injury, loss of
privacy arising out of or in any way related to the use of or inability
to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of
this Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.
Some
states do not allow the exclusion of implied warranties or limitation
of liability for incidental or consequential damages, which means that
some of the above limitations may not apply. In these states, each
party's liability will be limited to the greatest extent permitted by
law.
"AS IS" and "AS AVAILABLE" Disclaimer
The
Service is provided to You "AS IS" and "AS AVAILABLE" and with all
faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on
behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including
all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out
of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the Service
will meet Your requirements, achieve any intended results, be compatible
or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without
limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or
implied: (i) as to the operation or availability of the Service, or the
information, content, and materials or products included thereon; (ii)
that the Service will be uninterrupted or error-free; (iii) as to the
accuracy, reliability, or currency of any information or content
provided through the Service; or (iv) that the Service, its servers, the
content, or e-mails sent from or on behalf of the Company are free of
viruses, scripts, trojan horses, worms, malware, timebombs or other
harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or
all of the above exclusions and limitations may not apply to You. But
in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable
law.
Governing Law
The
laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may
also be subject to other local, state, national, or international laws.
Disputes Resolution
If
You have any concern or dispute about the Service, You agree to first
try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If
You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You
represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been
designated by the United States government as a “terrorist
supporting†country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability and Waiver
Severability
If
any provision of these Terms is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full force
and effect.
Waiver
Except
as provided herein, the failure to exercise a right or to require
performance of an obligation under this Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of
any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We
reserve the right, at Our sole discretion, to modify or replace these
Terms at any time. If a revision is material We will make reasonable
efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at
Our sole discretion.
By
continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the
website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: krishnachitaliya6@gmail.com
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