Welcome to Xto1.com (the Website).
We, Xto1 Ltd (we/our/us) want you to have the best experience possible when using our Website. To ensure that this is the case, please read the following terms and conditions (the Terms).
You acknowledge that the content on our Website is for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information and materials on our Website, you acknowledge that such information and materials may not be accurate, complete or up-to-date. Accordingly, we expressly exclude liability in respect of your use of the information or materials on our Website to the fullest extent permitted by law.
The Xto1 application is solely a venue for communications. It is a communications platform for enabling the connection between individuals seeking help (hereinafter referred to as “Requestors”) and/or individuals seeking to help others (hereinafter referred to as “Helpers”). Requestors and Helpers are referred to as “Users”. The help/services requested by the Requestors and provided by the Helpers are referred to as “Services” herein. The Services may include producing, purchasing and delivering products (hereinafter referred to as “Product”), whether created by the Helper or obtained from a third party, but shall not be deemed to include the Product itself. We do not provide the Services or the Products to our Users. The provision of Services is up to the Helpers, which may be scheduled through use of the Xto1 application.
We, through the Xto1 website and application(s), provide information and a method to obtain the Services and/or Products. We do not, and do not intend to, provide such Services or Products. Nor do we act in any way as a retailer or manufacturer of the Products or supplier of the Services. We have no responsibility or liability for the Products or Services provided by the Helpers to the Requestors.
2. Terms of Website use
By continuing to browse and use our Website, you confirm that you accept these Terms and that you agree to comply with them. If you cannot agree to comply with these Terms, then please do not use this Website.
By using the Xto1 website and/or application(s), you represent and warrant that: (a) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into legally binding agreements, and (b) you have the right, authority and capacity to enter into and to abide by the Terms. Where you use the Xto1 website and/or application(s), you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to these Terms.
3. Other important documents
- Our Cookies Policy, which sets out information about the cookies used on our Website.
4. Contact us
We would like to hear from you if you have any questions about our Website or any suggestions as to how it could be improved. You can contact us using the Contact Form.
5. Changes to these terms
We may change these Terms at any time without notice and if you continue to use our Website you will be deemed to have accepted those changes. Please check this page from time to time to take notice of any changes we may make, as they will be binding on you.
6. Accessing our Website
Our Website is made available free of charge.
We make no representations, warranties or guarantees, whether express or implied, that our Website will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and that they comply with them
7. Your account and password
If you have created or are given a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and not share it with anyone else.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contact Form.
8. Intellectual property rights
All intellectual property rights in our Website, and to the extent applicable, in material we publish on our Website, shall remain the property of us or our licensors, including all copyright, patents, trademarks, trade names and designs whether registered or unregistered and the “look and feel” of our Website.
You may print off copies, and may download extracts, of any page(s) from our Website for your personal use. However, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way (unless the relevant materials specifically state that you may do so), and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors, as the case may be.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. No Employment.
Xto1 provides a software platform which allows users in need to help (Requestors) to connect with users available to help (Helpers). We are not the employer of any Helper. You acknowledge that we do not supervise, direct, or control a Helper’s work or Services performed in any manner. A Helper provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of Xto1 for any purpose whatsoever.
10. Limitation of our liability
Nothing in these Terms excludes or limits any liability that cannot be limited or excluded under English law.
YOUR USE OF THE XTO1 PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE XTO1 PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER XTO1 NOR ITS LICENSORS WARRANT THAT THE XTO1 PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE XTO1 PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY USER’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENCE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE XTO1 PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE XTO1 PLATFORM OR THESE TERMS. ACCESS TO THE XTO1 PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER XTO1 NOR ITS LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE XTO1 PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTORS OR HELPERS). XTO1 CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD XTO1 OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (“MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE XTO1 PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY XTO1 OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL XTO1 OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE XTO1 PLATFORM OR ANY SERVICES OR PRODUCTS, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. XTO1 DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE XTO1 PLATFORM, THE SERVICES, THE PRODUCTS OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT XTO1 OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO XTO1 DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
THE QUALITY OF THE SERVICES AND/OR THE PRODUCTS SCHEDULED OR REQUESTED THROUGH THE USE OF THE XTO1 PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE HELPER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU AND/OR THE THIRD PARTY PRODUCT PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE XTO1 PLATFORM, YOU MAY BE EXPOSED TO SERVICES AND/OR PRODUCTS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE XTO1 PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE XTO1 PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE XTO1 PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE XTO1 PLATFORM.
YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST XTO1’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT XTO1’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS XTO1.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless Xto1, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Xto1 Platform, any Services and/or any Products, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another, and (v) Your Information and content that you submit or transmit through the Xto1 Platform. Xto1 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Xto1.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not commit any act in relation to our Website that would constitute a criminal offence under the Computer Misuse Act 1990. For example, you must not misuse our Website by knowingly introducing viruses or other material which is malicious or technologically harmful. We will report any breach of this provision to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
You may link to our Website’s home page, provided you do so in a way that is fair and legal and does not damage our reputation or suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
From time to time, this Website may include links to other websites which do not belong to us (Third Party Sites). Links to Third Party Sites are provided for your convenience only. We are not responsible for the management and control of Third Party Sites and do not necessarily endorse, support or recommend the views expressed in them. We will not be liable for any loss or damage that may arise from your use of such Third Party Sites.
If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason, such invalidity or unenforceability shall not affect the other provisions of these Rules which shall remain in full force and effect.
14. Governing law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. The courts of England will have exclusive jurisdiction over any claim arising from, or relating to, our Website.