TERMS OF USE

Terms of Use

1.Terms of Use

1.1Thank you for using the Xaloon App (the “App”). The content, materials and information available from this App (the “Materials”) are governed by these Terms of Use. By using this App you acknowledge that you have read and agree to these Terms of Use and agree to be bound by these Terms of Use, as may be modified from time to time.

1.2The App may only be used for lawful purposes. Xaloon may alter, suspend or discontinue the App without cost or notice at any time and for any reason.

2.Restrictions on Use

2.1Xaloon reserves all right, title and interest in respect of the design and content of the App. Nothing on the App grants any form of authorisation or licence with respect to the design and content of the App. No part of the App may be reproduced or transmitted in any form by any means without the express prior written consent of Xaloon.

3.Proprietary Right

3.1All and any trade names, service marks, trademarks, logos, graphics and other Materials on the App are the property of Xaloon or that of our affiliates, portfolio companies or respective third party owners and are protected by patent, trademark and/or copyright. Xaloon grants no licence thereto.

4.Links to Third Party Apps

3.1This App may contain links to third party Apps. You are advised that access to or use of such linked third party Apps is solely at your own risk. In such cases, Xaloon is not responsible for the content, availability, material or otherwise as may be available from such linked third party Apps. Xaloon does not review, control or examine any such linked third party Apps. Xaloon shall not be liable, directly or indirectly, in any circumstances for any loss or damage arising from or in any way connected to the use of such linked third party Apps.

5.No Warranties

5.1The App, including all Materials, content and services, are provide on an “As Is” basis without any form of warranty whatsoever from Xaloon of any kind, either express or implied, including, without limitation, any warranty as to

(a)the correctness, availability, accuracy, completeness, use, or content of Materials or information on the App,

(b)the functions of the App being uninterrupted and error free,

(c)defects being corrected or

(d)the App being virus free.

6.Limitation of Liability

6.1To the greatest extent permissible under applicable law, in no circumstances whatsoever shall Xaloon, its affiliates, directors, officers, employees, agents, contents or service providers be liable for any indirect, incidental, multiple, special, consequential, exemplary or punitive damages arising or resulting from or directly or indirectly related to the use of, or the inability to use, the App or the Materials, even if Xaloon has been advised of the possibility of such damages. In no circumstances shall the total liability of Xaloon to you for all damages, losses and causes of action, resulting directly or indirectly from your use of the App, whether in contract, tort, including but in no way limited to negligence, or otherwise exceed the aggregate sum of USD$100.00. If any provision of these Terms of Use are deemed by any court, tribunal, or otherwise, of competent jurisdiction to be unlawful, void or unenforceable, that provision will be deemed severable and will not impact or affect the validity and enforceability of the remaining provisions.

7.Indemnification

7.1You agree to indemnify and hold harmless Xaloon, its affiliates, contractors and licensors, and their respective directors, officers, employees and agents, from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App and/or its Materials, including but not limited to any violation by you of this Agreement.

8.Modification of Terms of Use

8.1Xaloon reserves the right at its sole discretion and without notice to modify these Terms of Use at any time. It is recommended that you review these Terms of Use periodically for changes. Your continued use of this App after any modification of these Terms of Use constitutes your binding acceptance of such modifications.

9.Miscellaneous

9.1These Terms of Use shall be governed and interpreted pursuant to the laws of the State of Islamic Republic of Pakistan, notwithstanding any principles of conflicts of law.

9.2The headings in these Terms of Use are inserted for convenience only and do not affect the construction of these Terms of Use.

9.3Any claim or cause of action in respect to Xaloon or the App must be commenced by you within one (1) year after the claim or cause of action so arose.

9.4The failure of Xaloon to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver by Xaloon of such right or provision.

9.5These Terms of Use constitute the entire agreement between you and Xaloon and govern your use of the App. These Terms of Use supersede any prior agreement or arrangement between you and Xaloon in respect of your use of the App.

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