Introduction
Welcome to Xeggex.com.
These Terms and Conditions (“Terms”) apply to any access to or use of any services made available using the website
Xeggex.com (“Site”) and to any other related services or materials provided by
Xeggex.com (collectively “Services”).
By accessing or using any Services, you agree to be bound by these Terms.
Accepting the risks of trading
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Trading or holding digital currency is inherently risky and the risk of loss can be substantial.
You should therefore carefully consider whether trading or holding digital currency is suitable for you in light
of your financial circumstances.
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The fact that a digital currency is made available on the Site or in connection with the use of the Services is
not to be construed as an express or implied representation by Xeggex.com
of any kind, including endorsement, warranty, approval, or disapproval of the value, integrity, security, or
operation of that digital currency.
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By using our services, you represent and warrant that you:
- acknowledge and accept the risks associated with trading and holding digital currencies;
- acknowledge and accept that the price or value of digital currency is subject to extreme volatility. You
therefore accept that there is an inherent risk that you may suffer losses as a result of your use of the
Services to trade or hold digital currencies;
- understand and accept the risks associated with trading and holding digital currencies, and are
responsible for conducting (and have conducted) your own independent research and analysis of the risks
specific to the digital currencies you wish to trade or hold before using the Services;
- have the necessary technical and financial skills to research, review, and evaluate the security,
integrity, and function of any digital currency made available by using the Services that you decide to buy
or sell;
- acknowledge and accept that Xeggex.com does not, and cannot,
undertake any oversight function with respect to any digital currency that may be traded on the exchange;
- have the requisite knowledge, experience, understanding, professional advice, and information to make your
own evaluation of the merits and risks of any trade before using any of the Services;
- acknowledge that you may be defrauded when using digital currencies and accept that Xeggex.com has no responsibility to compensate you or assist you to otherwise
recover your losses in the event that fraud is committed against you by a third party, unless Xeggex.com, including its shareholders, directors, officers, employees, agents
or representatives, is fraudulent or negligent in the supply of Services to you;
- have sufficient financial resources to make any trade before using any of Xeggex.com's Services.
Your eligibility to use our Services
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Our Services are intended solely for users who are 18 years old or older and who satisfy the criteria described
in these Terms.
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You represent and warrant that you:
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are 18 years or older;
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have not previously had your Xeggex.com Account suspended or
terminated;
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have full capacity, power and authority to agree to these Terms.
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You may not use the Services if you are located in, or are a citizen or resident of any state, country,
territory, or other jurisdiction that is on any location where your use of the Services would otherwise violate
any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction
and that you will not use any Services while located in any such jurisdiction. You also may not use the Services
if you are located in, or a citizen or resident of, any other jurisdiction where Xeggex.com has determined, at its discretion, to prohibit use of its Services.
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Unless Xeggex.com has approved you to use a Xeggex.com Account for trading on behalf of a corporation or other legal entity (an
"Enterprise User"), you agree to use the Services including your Xeggex.com Account as your own personal account and not on behalf of any third
party. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of both
yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the
Enterprise User to these Terms and that both you and the Enterprise User will be jointly and severally liable
under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by
you.
Modification of these Terms
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Xeggex.com will endeavour to give you at least 14 days’ prior notice of
any change to these Terms that is likely to materially affect or disrupt the manner in which you use Xeggex.com, except in circumstances where such a change is due to an immediate need
to restore or maintain security, or due to a change by a third party where Xeggex.com was not aware of the change in advance. In these circumstances, Xeggex.com will endeavour to notify you within a reasonable time after
becoming aware of, or making any necessary change.
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Notice of modification of these Terms will be given by Notice posted on Xeggex.com.
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If you do not agree to any modification of these terms you must stop using the Services.
Your account
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So that you may use the Services, you are required to open and maintain an account
("Xeggex.com Account").
To open your Xeggex.com Account, you will be required, as part of the
registration process, to provide certain personal information about yourself (such as your identification and
contact details) which Xeggex.com reasonably requires in order to comply
with requirements under the Anti-Money Laundering Counter-Terrorism Financing Act 2006
(Cth) and other applicable anti-money laundering and counter-terrorism laws, regulations, rules and
policies which apply to Xeggex.com
(the "AML Requirements"). You acknowledge and agree that:
- you will provide any information that Xeggex.com reasonably requires
for the purposes of its obligations under the AML Requirements;
- any information you provide will be accurate, correct, and you will continue to maintain that information
as accurate and correct. All information provided as part of opening a Xeggex.com Account will be treated in accordance with Xeggex.com privacy policy;
- notwithstanding any other provision of these terms, Xeggex.com is
not obliged to do or omit to do anything if it would, or might in its reasonable opinion, constitute a
breach of any AML Requirement or economic or trade sanctions laws or regulations applicable to it.
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You are responsible for maintaining the security and integrity of your own computers, software and digital
interfaces, including the confidentiality of any login information associated with the Xeggex.com Account you use to access our Services, and you are responsible for any
consequences, loss or damage that you may incur due to your failure to maintain security or integrity in your
equipment or digital interfaces, or confidentiality in your personal details, including Xeggex.com Account information and log in information.
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If the security of your Xeggex.com Account has been compromised, you must
promptly notify Xeggex.com of this in writing.
Upon receipt of your written notice, Xeggex.com will take reasonable steps
to protect your Xeggex.com Account including by suspending your account if
necessary for that purpose.
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Xeggex.com has a policy of not changing or amending an email address used
to open, and linked to, a Xeggex.com Account.
This is to protect your identity and your privacy. You will need to ensure the email address you use to open a
Xeggex.com Account is an email address to which you will have continued
access.
Should it be necessary to amend the email address linked to your CoinExchange Account, you will need to contact
Xeggex.com directly.
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If you are unable to access to your Xeggex.com Account because you have
lost or are unable to use your login information, Xeggex.com will not
provide you with access to your Xeggex.com Account until you have provided
verification of your ownership of the account by answering questions based on Xeggex.com Account information.
The purpose of this verification process is to ensure that access to any Xeggex.com Account is only given to the rightful owner of that account.
Responsible Use and Conduct
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By using the Site and accessing the Services, you agree to use the Services only for the purposes intended as
permitted by these Terms, and any applicable laws and regulations.
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You acknowledge and accept that:
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accessing (or attempting to access) any of the Services by any means other than through the means Xeggex.com provide, is strictly prohibited. You specifically agree not
to access (or attempt to access) any of Services through any automated, unethical or unconventional means;
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engaging in any activity that disrupts or interferes with our Services, including the servers and/or
networks on which our Services operate or are connected, is prohibited;
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attempting to copy, duplicate, reproduce, sell, trade, or resell our Services, is prohibited;
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you are responsible for any consequences, losses or damages that Xeggex.com may directly or indirectly incur as a consequence of any activity
undertaken by you on, or through the use of, the Site or the Services, that is in breach of these Terms or
any applicable law or regulation;
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Xeggex.com may provide various open communication tools on the Site,
such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and
reviews, various social media services, etc. You acknowledge and accept that, Xeggex.com does not pre-screen or monitor the content posted by users of these
various communication tools, which means that if you choose to use these
tools to submit or receive any type of content on our Site, then it is your personal responsibility to use
these tools in a lawful, responsible and ethical manner.
By posting information or otherwise using any open communication tools as mentioned, you agree that you will
not upload, post, share, or otherwise distribute any content that:
- is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent,
deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
- infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
- contains any type of unauthorized or unsolicited advertising; or
- impersonates any person or entity, including any Xeggex.com
employees or representatives;
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Xeggex.com has the right at its sole discretion to remove any content
that it believes in its judgment does not comply with these Terms, along with any content that Xeggex.com believes is otherwise offensive, harmful, objectionable, inaccurate,
or violates any third party copyright or trademark. Xeggex.com is not
responsible for any delay or failure in removing such content. If you post content that Xeggex.com chooses to remove, you hereby consent to such removal, and waive any
claim you may have against Xeggex.com;
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Xeggex.com does not assume any liability for any content posted by you
or any third party user of its Site. From time to time, Xeggex.com may
make third party website links and information available to you on its Site. Xeggex.com does not control, endorse, or adopt any third party content and shall
have no responsibility for third party content, including without limitation material that may be false or
misleading, incomplete, offensive, indecent, or otherwise objectionable;
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in so far as information or content which is posted to Xeggex.com by
third parties, and which may be downloaded from Xeggex.com is
concerned, Xeggex.com makes no representation about the safety,
security, accuracy or quality of that information or content and does not supply that material to you in
connection with our Services to you.
Xeggex.com is not liable for any damage or loss of data incurred by
you or any other party which may result from the download of such third party content;
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you warrant that any content posted by you on the Site does not infringe any third party intellectual
property rights, and you grant to Xeggex.com a perpetual, irrevocable,
worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt, translate, publish, publicly
display and/or distribute such content as it sees fit;
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should your digital currency split or fork or require some other form of modification or alteration, Xeggex.com will not perform or give effect to any split, fork,
modification, or alteration on your behalf. You must withdraw the relevant digital currency from your Xeggex.com Account and complete the relevant process for such split,
modification or alteration required to be made;
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Xeggex.com may, in its discretion, attempt to correct, reverse, cancel
any order, trade or transfer in the event that Xeggex.com discovers
that there was an error in a trade or transfer, whether that error was by you, Xeggex.com or a third party. You authorize Xeggex.com to attempt that correction, reversal or cancellation as described.
You acknowledge and accept that any such attempt may not be successful, and that Xeggex.com does not bear any liability for the error or any correction attempt;
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you shall indemnify Xeggex.com against all losses, damages, claims,
liability, expenses, payments or outgoings incurred by or awarded against Xeggex.com arising from:
- any breach of these Terms; and
- any act or omission by you (including any negligence, unlawful conduct or willful conduct) relating to
these Terms or the use of the your Xeggex.com Account;
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your liability to indemnify Xeggex.com shall be reduced to the extent
that such loss or damage was caused or contributed to by any act, omission, direction or negligence of Xeggex.com including by its shareholders, directors, officers,
employees, lawyers, agents, representatives, suppliers, or contractors;
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Xeggex.com may, in its discretion, prevent you from immediately
dealing with large amounts of digital currency that appear in your Xeggex.com Account. Should this occur, Xeggex.com will also contact you to confirm the provenance of, and your
entitlement to, the digital currency.
Xeggex.com will immediately release the currency to you on
satisfaction that the currency has not been received in breach of any applicable laws, including laws
relating to anti-money laundering and counter-terrorism financing, and that you are otherwise entitled to
the currency; and
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you warrant that you will not hold Xeggex.com responsible to recover
or replace digital currency, or compensate you for direct or indirect losses in the event of a hostile
takeover or illegitimate forking of a digital currency. In the event of a hostile takeover of a digital
currency or an illegitimate forking of a digital currency, Xeggex.com
is not required to but reserves the right to:
- review the blockchain and its associated digital currency;
- suspend your access to the Site, the Services and/or your Xeggex.com Account if you receive a deposit of digital currency that does
not appear to be legitimate;
- reverse any deposit of digital currency which is illegitimate; and
- restore your access to the Site, the Services and/or your Xeggex.com Account once the deposit has been reversed from your Xeggex.com Account.
xeggex.com's Obligations
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Unless otherwise indicated in these Terms, Xeggex.com will not deal with
digital currency in your Xeggex.com Account or digital currency that is
otherwise held by Xeggex.com on your behalf without your express
instructions to do so.
When you make a trade using the Services, you acknowledge that your confirmation of the trade is an express
instruction to Xeggex.com for this purpose.
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Xeggex.com relies on third party service providers in connection with its
Site. From time to time, faults, errors, and other issues may occur with such third party service providers,
which may cause access to these third party services to become temporarily or permanently unavailable. To the
extent that a third party service is not available, Xeggex.com will use
its best endeavors to restore access or connectivity as soon as practicable.
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Where access or connectivity cannot be restored within a reasonable time, or at all, Xeggex.com will notify you of the issue.
Xeggex.com is not liable for a failure to restore access or connectivity
where the third party service provider is responsible for that failure and/or the matter is not is within Xeggex.com's control.
Fees and Charges
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xeggex.com will charge you fees when a trade you have made is successfully realized.
Fees are payable by both the buyer and the seller to a trade, calculated as 0.20% of the traded amount as
follows:
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Buyer's fee payable to Xeggex.com on a realized trade = amount traded
plus 0.20%;
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Seller's fee payable to Xeggex.com on a realized trade = amount traded
less 0.20%.
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The fees payable by you to Xeggex.com will be displayed to you at two
separate times prior to the realization of any trade being:
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the time when you first place an order for a trade (the pre-order stage); and
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the time when you confirm the trade (the confirmation stage).
Privacy
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Your privacy is very important to us.
Xeggex.com has created a
separate Privacy Policy in order to explain in detail how Xeggex.com
collects, manages, processes, secures, and stores your private information. Xeggex.com's privacy policy forms part of these Terms. To read Xeggex.com's privacy policy in its entirety, click here.
Limitation of Warranties
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Xeggex.com guarantees that the Services are supplied with due care and
skill, and any Services that Xeggex.com supplies are reasonably fit for
their purpose.
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Xeggex.com guarantees that its Services will be supplied to you within a
reasonable time.
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If the Services we supply fail to meet the above guarantees, you may have rights against us.
This may include the right to a refund. In certain circumstances we may choose how we remedy our failure. In
other circumstances, you may choose how the failure should be remedied.
Limitation of Liability
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Subject to your statutory rights, the liability of Xeggex.com, its related
bodies corporate and their respective shareholders, directors, officers, employees, lawyers, agents,
representatives, suppliers or contractors arising out of or in connection with the Site, the Services, and/or
any performance or non-performance of the Services, a breach of any one or more of the guarantees in connection
with the Limitation of Warranties as explained above, or any other product, service or other item provided by or
on behalf of Xeggex.com (including as a result of you providing inadequate
or false personal information, incorrect wallet identification details, erroneous or false account information,
or incorrect bank account details), whether arising under contract, statute, strict liability or other cause of
action (including negligence and in equity) will not exceed:
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- the supplying of the Services again; or
- the payment of the cost of having the Services supplied again.
Copyrights/Trademarks
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All content and materials available on our Site, including but not limited to text, graphics, website name,
code, images and logos are the intellectual property of Xeggex.com, and
are protected by applicable copyright and trademark law.
Any inappropriate use, including but not limited
to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited,
unless specifically authorized by Xeggex.com.
Termination or Suspension of Use
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You agree that Xeggex.com may suspend or terminate your access to the
Site, the Services and/or your Xeggex.com Account in its absolute
discretion if Xeggex.com forms a reasonable belief that you have engaged
in conduct such as, and without limitation:
- breaching the terms of this agreement;
- breaching any law or legal right, including third party rights;
- engaging in any illegal activity including using the Services to conduct or further any illegal activity;
- engaging in fraudulent activity, including but not limited to any attempt by you to access or hack another
user's account, or to impersonate Xeggex.com;
- introducing any electronic malware or virus into the Site;
- violating the chatroom rules posted in the chatroom, which may change from time and time;
- behaving in an abusive or unreasonable way towards other users of the Services or Xeggex.com staff;
- encouraging third parties to interact with the Services in any way without Xeggex.com's prior written consent.
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If your Xeggex.com Account contains an anomaly such as a negative balance,
an imbalance between what ought to be in your account and what is actually in your account, or an insufficient
amount to pay our fees, your Xeggex.com Account may be suspended until the
anomaly is resolved.
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If you receive notice from Xeggex.com that your Xeggex.com< Account has been suspended, your right to use the Services will
immediately cease for a period being, at minimum, 72 hours, unless otherwise advised.
Your Xeggex.com Account may then be terminated if an investigation shows
that you have engaged in any of the conduct referred to in sub-clauses 13.1(b) - (e) above.
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If you receive notice from Xeggex.com that your account has been
terminated, your account will be immediately suspended if not already suspended under clause 13.3 above, and:
- if the reason for your termination is because of conduct referred to in sub-clauses 13.1(a), (e) - (h),
subject to any legal obligations imposed on Xeggex.com due to your
conduct, Xeggex.com will refund the balance of your Xeggex.com Account to you, following which your Xeggex.com Account will be permanently deactivated; or
- if the reason for your termination is because of conduct referred to in sub-clauses 13.1(b), (c) or (d)
above, you will not be able to withdraw your funds. Xeggex.com may be
obliged to cooperate with law enforcement agencies with respect to any digital currency in your Xeggex.com Account. Withdrawal may only be permissible following the conclusion
of any investigation which may be undertaken.
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If your Xeggex.com Account has a zero balance and has been inactive for a
period of six months, Xeggex.com reserves the right to suspend your
account. If Xeggex.com does not receive any communication from you,
including via use of your account, for a period of twelve months, your account may be terminated.
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You may voluntarily close your Xeggex.com Account at any time by:
- withdrawing your funds; and/or
- requesting that Xeggex.com close your Xeggex.com Account.
Governing Law
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The Site is controlled by Xeggex.com. It can be accessed by most countries
around the world.
By accessing and using the Services on and associated with the Site.
Guarantee
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Xeggex.com does not offer any express warranties of any kind concerning
the supply of the Services. Warranties offered by Xeggex.com are limited
to those that are required by law.
Sever-ability
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Where any of these Terms are found to be invalid or unenforceable, those terms shall be severed from these Terms
such that the balance of these Terms will remain in full force and effect.
Force Majeure
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Xeggex.com takes no responsibility or liability for any failure or delay
in performance of any of its Services, or any loss or damage that you may incur, due to any circumstance or
event beyond Xeggex.com's control, including without limitation any flood,
extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute,
accident, action of government, communications, power failure, or equipment, or software malfunction.
Assignment
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You may not assign or transfer any right to use the Services without Xeggex.com's prior written consent. Xeggex.com
may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, by
providing you with fourteen days' notice.
Headings
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Headings are used in these Terms for convenience only and shall not be used to limit or construe these Terms.
Entire Agreement
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These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the
parties regarding the Site or the Services. In the event of any conflict between these Terms and any other
agreement you believe you may have with Xeggex.com, these Terms will
govern any dispute unless the other agreement expressly states that the other agreement supersedes these Terms.
Contact Information
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Contact Information
If you have any questions or comments about these Terms , you can contact us at:
support(at)xeggex.com
Xeggex.com
Terms last updated: 24 July 2019