Terms & Conditions

1. Introduction

These Terms and Conditions govern the use of the XFunge website, applications, merchant portal, and related software services.

XFunge provides software infrastructure, including a digital wallet and NFT-based membership, event ticket, and redeemable system, to clubs and organisations. XFunge acts as a Data Processor, processing personal data strictly on behalf of these clubs or organisations, who are the Data Controllers.

By accessing or using XFunge, you agree to these Terms and Conditions and confirm that they incorporate the XFunge Privacy Policy by reference.

2. Scope

These Terms apply only to the use of XFunge’s website, applications, and software services.

They do not apply to rules, membership conditions, or event terms set independently by clubs or organisations.

3. Eligibility and Accounts

Users must be at least 18 years of age or the age of legal majority in their jurisdiction.

Users are responsible for maintaining accurate account information and safeguarding login credentials.

4. Services

XFunge enables clubs and organisations to issue and manage digital memberships, event tickets, and redeemables through a blockchain-based system.

All services are provided subject to availability and may be updated or discontinued.

5. Tokens

A token refers to an individual digital membership card, event ticket, or redeemable issued through XFunge.

Each token is digitally unique, with an encrypted code minted as a non-fungible token associated with each token, recorded on a blockchain, and cannot be altered once created.

6. Subscriptions and Fees

Subscription plans and token pricing are set out in the XFunge merchant portal or website.

Subscription fees are charged monthly, normally upon the anniversary of the day of sign up. Token charges are tabled on the 20th of the month and charged on the first day of the following month.

All fees are exclusive of GST unless otherwise stated.

7. Access and Suspension

Access to XFunge services is conditional upon payment of applicable fees.

XFunge may suspend or terminate access where payments are overdue or these Terms are breached.

8. User Obligations

Users must use XFunge lawfully and not interfere with the operation or security of the platform.

Clubs and organisations are responsible for ensuring that personal data submitted is lawfully collected.

9. Intellectual Property

All intellectual property rights in XFunge’s software, branding, and documentation remain the property of XFunge.

No ownership rights are transferred through use of the services.

10. Privacy and Data Protection

By agreeing to these Terms, users also agree to the XFunge Privacy Policy.

Where personal data is processed through XFunge, the issuing club or organisation acts as the Data Controller and XFunge acts solely as the Data Processor, processing data only on documented instructions from the Controller.

11. Limitation of Liability

XFunge provides its services on an as is basis and does not guarantee uninterrupted availability.

To the maximum extent permitted by law, XFunge’s liability is limited to the fees paid in the preceding 12 months.

12. Governing Law

These Terms and Conditions are governed by the laws of New Zealand.

The courts of New Zealand have exclusive jurisdiction.

13. Changes to These Terms

XFunge may update these Terms and Conditions from time to time.

Continued use of XFunge following publication constitutes acceptance of the updated Terms.

14. Contact

For questions regarding these Terms and Conditions:

Email: [email protected]

Address: Wainui, Auckland, New Zealand