Terms of Service

xCard Loyalty Program – Users Terms & Conditions

Last Updated: March 10, 2025

This document sets out the Terms and Conditions ("Terms") for using the xCard Loyalty Program ("Service"), provided by Hyangla Incorporation (P) Ltd ("xCard," "we," "our," or "us"). By downloading, installing, or using the xCard app("App") on your smartphone or device, you (the "User") acknowledge and agree to the following Terms.

1.0 Fair and Responsible Use

1.1 Personal Use Only

The xCard loyalty reward smartphone application is intended for personal, non-commercial use only. You may not use the App for commercial purposes, including reselling or redistributing rewards or services.

1.2 Account Information

Users are required to keep their contact details, including but not limited to name, email address, and phone number, up to date in the xCard application.

1.3 Confidentiality

You agree to maintain the confidentiality of your login credentials (username and password). You are solely responsible for all activities that occur under your account.

1.4 Prohibited Conduct

Users agree not to:

• Interfere with or tamper with the xCard application or its associated websites.
• Use the App to engage in illegal activities or violate any applicable laws or regulations.
• Impersonate or falsely represent any person or entity, including xCard staff or other users.

2.0 Right of Refusal

2.1 Merchant Offers

The conditions of offers provided through the xCard App are specified by the participating businesses. These businesses retain the right to modify or revoke offers at any time, and ultimately have the final right of refusal regarding the provision of any rewards.

2.2 Modification of Terms

xCard reserves the right to modify, amend, or alter the Terms and Conditions of its loyalty rewards program at any time. Changes will be communicated via the App, email, or other appropriate methods.

2.3 Termination of Membership

xCard reserves the right to terminate a User's membership at its sole discretion, particularly in the event of any breach of these Terms or misuse of the App. Termination may occur without prior notice.

3.0 Information About You

3.1 Collection of Information

By using the App, you consent to xCard collecting your personal information. At a minimum, we require your name and email address to create an account. We may collect additional information such as phone number, date of birth, or location to offer relevant discounts, deals, and rewards. For further details on data collection practices, please refer to our Privacy Policy.

3.2 Use of Personal Information

We do not sell or rent your personal information to third parties. However, we may share your information with merchants, businesses, and partners who provide offers via the App. These third parties may contact you via the App, email, or SMS regarding the offers you join. You can opt out of these communications at any time. As xCard is a free service, we do not require any financial information from you.

3.3 No Social Interaction

xCard is not a social networking or social media platform. There is no communication or sharing of data between users of the App.

4.0 Limitation of Liability; Indemnity

4.1 Waiver of Claims

By using the Service, you agree to waive and not assert any claims against xCard, its affiliates, directors, employees, or business partners, related to the use of the App or Service. You will not hold xCard liable for any errors, omissions, or inaccuracies in the Service.

4.2 Limitation of Liability

In no event will xCard be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including, but not limited to, loss of profits, loss of data, or business interruption, whether in an action in contract, tort, or otherwise. xCard's total liability, regardless of the claim type, will not exceed the total amount you paid to use the Service during the three months prior to the event giving rise to the claim.

4.3 Indemnification

You agree to indemnify, defend, and hold harmless xCard and its affiliates from any claims, damages, liabilities, costs, and expenses arising out of your use of the Service, including any claims made by third parties regarding the content you submit to xCard or any violation of these Terms.

5.0 Applicable Law and Dispute Resolution

5.1 Governing Law

These Terms will be governed by and construed in accordance with the laws of Nepal. Any disputes arising from the use of the Service will be subject to the exclusive jurisdiction of the courts in Kathmandu, Nepal.

5.2 Arbitration

In the event of a dispute, both parties agree to attempt to resolve the matter informally. If resolution cannot be reached, any disputes shall be settled through binding arbitration in Kathmandu, Nepal, in accordance with the applicable arbitration laws.

6.0 Miscellaneous

6.1 Severability

If any provision of these Terms is deemed invalid, void, or unenforceable, the remaining provisions will continue in full force and effect.

6.2 Assignment

xCard reserves the right to assign its rights and obligations under these Terms to any third party without your consent. You may not assign any of your rights or obligations under these Terms without the prior written consent of xCard.

6.3 Entire Agreement

These Terms constitute the entire agreement between you and xCard regarding the use of the Service and supersede all prior agreements, representations, or understandings.

7.0 Deleting the App and Account Termination

7.1 Deleting the App

You may delete the xCard app from your device at any time. However, deleting the app will not automatically delete your account. If you choose to delete the app, your account and any data associated with it may still exist on our servers unless you explicitly request account deletion.

7.2 Account Deletion Request

To request the deletion of your xCard account and all associated personal data, you may contact our support team at xcard.nepal@gmail.com. Once we receive your request, we will process it promptly in accordance with our data retention policies. After account deletion, you will lose any loyalty points, rewards, and benefits, and this data cannot be restored.

7.3 Retention of Data

After you delete the app or request account deletion, we may retain certain information for legal, regulatory, or operational purposes, such as to comply with tax or legal obligations, resolve disputes, or enforce our agreements.

8.0 Changes to Terms

8.1 Updates to Terms

xCard reserves the right to update or modify these Terms at any time. Any updates will be posted on the xCard website and within the app. By continuing to use the Service after such modifications, you agree to the updated Terms.