XCAD TERMS

XCAD Terms & Privacy Policy

TERMS

Terms and Conditions Last updated: January 16th, 2023 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 XCAD Network Plug-in 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. Country refers to: British Virgin Islands Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to WoodWick Capital LTD, Intershore Chambers, Road Town, Tortola. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet. Goods refer to the items offered for sale on the Service. 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. Orders mean a request by You to purchase Goods from Us. Service refers to the Application. 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. Acknowledgment 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. You represent that you are over the age of 18. The Company does not permit those under 18 to use 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 are 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 name, Your email, Your phone number, 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 Due to the nature of the product and its services, we offer a strict no refund policy. 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. 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. 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. 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. 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 The nature of this application is very experimental, meaning there maybe issues or risk of loss of funds at any time. WoodWick Capital also known as XCAD Network takes no liability or responsibility for any losses that you may incur. 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 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 these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall 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. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account's access to the API. The Service, in its sole discretion, will determine abuse or excessive usage of the API. 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: [email protected] By visiting this page on our website: xcadnetwork.com

PRIVACY POLICY

Below we set out our privacy policy which will govern the way in which we process any personal information that you provide to us. Our details are : shown on this sites contact page. The site owner can be contacted at the email address on this sites contact page or also email us at [email protected] You can access our home page and browse certain areas of the site without disclosing your personal data save information collected by cookies that we may use (see below). Who may Process Data Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed both by us and by other companies within our group. Each of the companies authorised to process your information as mentioned above will do so in accordance with this privacy policy. When you place an order via this website we will store your e-mail address along with any other information you may provide. When you use the services on the website, we may need to collect further information about you. This information may include, but is not limited to, details such as your name and address. Purpose of Processing \We will use your information for the purpose of providing you with information about our services, articles and news, fulfilling orders placed by you, processing any other transactions authorised or made by you with us, informing you of special offers and providing other marketing information to you which we think you may find of interest, undertaking product or customer research/development. Disclosure of Information In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations. Cookies We may send a small file to your computer when you visit our website. This will enable us to identify your computer, track your behaviour on our website and to identify your particular areas of interest so as to enhance your future visits to this website. We may use cookies to collect and store personal data and we link information stored by cookies with personal data you supply to us. Save for the use of cookies, we do not automatically log data or collect data save for information you specifically provide to us. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website. Security We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss. Trademarks All trademarks of are the property of their respective owners and may be registered in certain parts of the world. Disclaimer of Warranty and Liability The following provisions may be curtailed or disallowed by the laws of certain jurisdictions. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such law. We do not represent or warrant that the information accessible via this website is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information. The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from us that they are suitable for your purposes.Whilst we make all reasonable attempts to exclude viruses from the website, we cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website. All warranties, express or implied, statutory or otherwise are hereby excluded. Neither we nor any of our employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss. We are not responsible for the direct or indirect consequences of you linking to any other website from this website. These terms and this disclaimer and any claim based on use of information from this website shall be governed by the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of England. By continuing to use this site and accessing the information on this website, you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, leave this website now. If you have any enquiry or concern about our privacy policy or the way in which we are handling personal data please contact email. If at any time you wish us to cease processing your information please send a message to the Administrator at the email address on this sites contact page. XCAD, when permission is granted will be utilising YouTube’s API Services Please note by adhering to XCAD’s TOS you are also also agreeing to Google’s Privacy policy which can be found from the following link : https://policies.google.com/privacy?hl=en-US Consent and enquiries Our Details:
Woodwick Capital
Intershore Chambers,
Road Town, Tortola, British Virgin Islands,
Certificate: 2056172