Terms and Conditions

1. Introduction

Welcome to Xav Social Management Solutions (“Xav Social”). These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://xavsocial.com (the “Service”) operated by Xav Social Management Solutions (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our website. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms 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. If you disagree with any part of the terms, you may not access the Service.

2. Our Services

We provide social media management and graphic design services through our website. Our focus is on delivering outstanding results that align with our clients’ specific needs and objectives. We collaborate closely with clients to ensure brand consistency and create compelling content that resonates with their audience.

3. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of Xav Social Management Solutions and its licensors. The Service is protected by copyright, trademark, and other laws of both Trinidad and Tobago 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 Xav Social Management Solutions.

4. User Accounts

Users cannot create accounts on our platform.

5. User Representation

By using the Service, you represent and warrant that: (1) all information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as necessary; (3) you have the legal capacity and agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; and (5) you will not access the Service through automated or non-human means.

6. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. Prohibited activities include, but are not limited to:

  • Systematically retrieving data or content from our site to create a collection or database without written permission from us.
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information such as user passwords.
  • Circumvent, disable, or otherwise interfere with security-related features of our site.
  • Disparage, tarnish, or otherwise harm, in our opinion, our company and/or our site.
  • Harass, abuse, or harm another person using any information obtained from our site.
  • Use the support services improperly, or submit false reports of abuse or misconduct.
  • Use our site inconsistently with any applicable laws or regulations.
  • Framing or linking to our site without authorization.
  • Attempt to upload or transmit viruses, Trojan horses, or other materials (including excessive use of capital letters and spamming) that interfere with any party’s uninterrupted use of our site and its features.
  • Use scripts, data-mining, robots, or similar data gathering tools to send comments or messages.
  • Delete the copyright or other proprietary rights notice from any content.
  • Impersonate another user or person or use the username of another user.
  • Upload any materials that actively or passively collect information or act as a transmission mechanism (includes gifs, 1×1 pixels, web bugs, cookies, spyware, etc.).
  • Interfere, disrupt, or create an undue burden on our site, networks, or services.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of our site to you.
  • Bypass measures of our site designed to prevent/restrict access.
  • Copy/adapt our site’s software (includes Flash, PHP, HTML, JavaScript, or other code).
  • Decipher, decompile, disassemble, or reverse engineer any of the software that makes up our site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the site, or using or launching any unauthorized script or other software.
  • Use any automated system (spiders, robots, cheat utility, scraper, offline reader) to access the site, or launch any unauthorized script or software (unless as a result of a standard search engine or internet browser usage).
  • Use our site in an unauthorized way (collecting usernames, email addresses, of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences).
  • Use our site in an effort to compete with us, or otherwise use our site and/or the content for any revenue-generating endeavour or commercial enterprise.

7. User Generated Contributions

Users cannot upload or post content on our platform.

8. Contribution License

Not applicable as users cannot upload or post content.

9. Third-Party Websites and Content

Our Service may contain links to third-party websites or services that are not owned or controlled by Xav Social Management Solutions.

Xav Social Management Solutions has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Xav Social Management Solutions 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 websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

10. Services Management

We reserve the right, but not the obligation, to: (1) monitor the Service for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.

11. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.

We comply with the General Data Protection Regulation (GDPR) for our European users and the California Consumer Privacy Act (CCPA) for our users in California. You have certain rights regarding your personal data, including the right to access, correct, and delete your data. For more details, please refer to our Privacy Policy.

12. Term and Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your use of the Service, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Service. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of Trinidad and Tobago, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

15. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first attempt to resolve the dispute amicably. If the parties are unable to resolve the dispute within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

16. Corrections

There may be information on our Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

17. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Xav Social Management Solutions, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

18. Limitations of Liability

In no event shall Xav Social Management Solutions, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

19. Indemnification

You agree to defend, indemnify, and hold harmless Xav Social Management Solutions and our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Service; (2) breach of these Terms; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any overt harmful act toward any other user of the Service.

20. User Data

We will maintain certain data that you transmit to the Service for the purpose of managing the performance of the Service, as well as data relating to your use of the Service. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

21. Electronic Communications, Transactions, and Signatures

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Service. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

22. Miscellaneous

These Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Service. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

23. Contact Us

If you have any questions about these Terms, please contact us at:

Xav Social Management Solutions

Email: connect@xavsocial.com

Address: Trinidad and Tobago

Effective Date: 7/11/24