TERMS OF SERVICE

Terms and Conditions for ApkXchange Mobile Application

Introduction

These terms and conditions (the “Terms and Conditions”) of ApkXchange expressly declare and outline the rules and regulations for the use of the ApkXchange mobile application (the “App”). By accessing/using/recommending/signing up/referring someone to the App, we assume you accept these terms and conditions and you declare that you expressly accept the Terms and Conditions of the App without any force and coercion. If you do not accept these Terms and Conditions, you may not proceed further. Do not continue to use the App if you do not agree to take all of the terms and conditions stated on this page. You accept the Terms by remaining on the App.

About the App

Welcome to ApkXchange, an app/marketplace for users/buyers/visitors to buy and sell payment methods and gift cards such as iTunes, Amazon, PlayStation, Walmart gift cards, etc. We reserve the right to review and change any of the Terms and Conditions by updating this page at our sole discretion. When we update the Terms and Conditions, we will use reasonable endeavors to provide you with notice of updates to the Terms and Conditions. ApkXchange mobile app is a registered business under the name APK DIGITAL EXCHANGE.

Affirmation While Placing Order

When you place an order for a product using the App (the “Order”), you represent and warrant that:

• You have the legal capacity and are of sufficient age to enter into a binding contract with us; and
• You have authorized us to use the payment method you provide with your Order.

Submitting an Order constitutes your intention and offer to enter into these terms where we will provide you with the products you have ordered in exchange for your payment of the total amount listed upon checkout.

Account

You can only buy and sell or place an order by creating your account.

As part of registering an account (the “Account”) and your continued use of the App, you may be required to provide personal information such as your email address, first and last name, username, a secure password, billing and postal addresses, mobile phone number, bank account information, and other information as determined by us from time to time. You warrant that any information you give to us in the course of registering your Account is accurate, honest, correct, and up-to-date. You agree that you are solely responsible for:

• Maintaining the confidentiality and security of your Account information and your password; and
• Any activities that occur through your Account (including those of third parties), whether those activities have been authorized by you or not.

We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

Payment

All prices on our App are:

• Per unit (except where indicated);
• In [enter currency you shall accept]; and
• Subject to change prior to you completing an Order without notice.
  • (Local Buyer) If you’re a local and resident of Ghana, you will have the option to send the payment to an MTN/Vodafone phone number or you will have the option to make payment with USDT TRC-20 or Bitcoin (BTC).
  • (Payment obligations) You must pay for all Products at the time of placing an Order i.e. before the Product is bought in your name.
  • (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
  • (Online payment partner) We may use third-party payment providers (Payment Providers). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
  • (Additional fees) In the event we charge you additional fees under these terms (including Late Fees and Extension Fees), you agree that we can charge these fees to the payment method you provided at checkout.

Terms of Buying and Selling and Your Responsibilities

Buying

After creating an account on this platform, you can start buying and selling. When you are buying an iTunes gift card, the iTunes gift card amount will be provided for you; afterwards, you can opt for the one you want to actually buy. You shall have the option to opt for the payment to be made as priority or you can also choose normal service. When you choose the priority option, the rate shall be higher than usual/normal rate. The serving period for priority shall be from 30 minutes to 1 hour, whereas the serving period for normal fees is from 30 minutes to 2 hours. Priority service has not been made available yet hence users are currently been treated with priority benefits.

Selling

You can sell your gift card or any other payment service that we accept on the site, including payments like Remittance service that we may accept, BTC, gift cards and others. We exchange these gift cards and give you a discounted cash value for it. The rate or value for a specific payment method will be made available to you.

Duty of the Seller

The seller shall make sure that the card balance, whether it’s an iTunes, PSN gift card, OneVanilla gift card, Walmart gift card, is intact before trading it or selling it to our exchange system. Once our system(Admin) verifies the card and it’s been used, payment will be made to the user, and the same shall be the process for other payment options a user wants to sell. It shall be the duty of the user/seller to make sure the product is from a clean source and not related to any fraudulent activity. If any fraudulent activity is observed, we shall be at liberty to immediately terminate the account (non-appealable) and shall forfeit all belongings held in the account and shall also be reported to the law enforcement agencies.

Your Obligations

As a user/buyer/seller, you agree to comply with the following:

• You will use the App and services on the App only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
• Any use of your registration information by any other person or third parties is strictly prohibited. You agree to immediately notify us of any unauthorized use of your password or email address or any breach of security of which you have become aware.
• Access and use of the App is limited, non-transferable, and allows for the sole use of the App by you for the purposes of buying and selling of gift cards.
• You declare that anything that is against the law is not permissible and make yourself bound by your act and make responsible for the outcomes of the acts that are against the law.
• You will not use the App for any illegal and/or unauthorized use, which includes collecting email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the App.
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App without notice and may result in termination of the Services. Appropriate legal action will be taken by us for any illegal or unauthorized use of the App.
• You acknowledge and agree that any automated use of the App is prohibited.

Cancellation by Us

We reserve the right to cancel your order for any reason and will notify you of this as soon as possible if we do. Where payment has already been debited, we will refund you the full amount paid back to your original method of payment.

Security

We do not accept responsibility for loss or damage to computer systems, mobile phones, or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process that you employ for accessing the App does not expose you to risk of viruses, malicious computer code, or other forms of interference.

Liability

To the maximum extent permitted by applicable law, we completely exclude any liability, or where liability cannot be excluded, we limit our liability to $10 to any person for loss or damage of any kind however arising, whether in contract, tort (including negligence), statute, equity, indemnity, or otherwise arising from or relating in any way to this App, these terms, or any good (including the Products) or services provided by us. All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.

General

Governing Law

This agreement is governed by the law applying in Ghana.

Jurisdiction

Each party irrevocably submits to the exclusive jurisdiction of the courts of Ghana and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

Entire Agreement

These terms embody the entire agreement between the parties and supersede any prior conduct, arrangement, understanding, or agreement, express or implied, in relation to the subject matter of these terms.

Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice, declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

Indemnity

You agree to indemnify the App, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• All actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;
• Any direct or indirect consequences of you accessing, using, or transacting on the App or attempts to do so; and/or
• Any breach of the Terms.

Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (the 'Dispute') has arisen under the Terms must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

Resolution

On receipt of that notice (the 'Notice') by that other party, the parties to the Terms ('Parties') must within 28 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.

If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must agree to either appoint a mediator or proceed to the jurisdiction of the courts of Ghana.