• Terms and Conditions

    term of service
    I. Introduction
    Welcome to the XY Global TH platform ("Website"). Before using this website or opening an XY Global TH account ("Account"), please read the following terms of service carefully so that you understand your legal rights and obligations to XY Global TH Limited and its affiliates and subsidiaries (collectively referred to as "XY Global TH", "we", "us", or "our"). For the purposes of these terms of service, "subsidiary" means any entity that controls, is controlled by, or jointly controls an entity, where "control" means having direct or indirect ownership, the right to direct or cause the management, operating policies, or direction of assets of that entity, whether through holding more than 50% of voting rights or equity securities or assets, or through contracts, management agreements, voting trusts, or other means; provided that the term "subsidiary" shall include any variable interest entity, regardless of whether such variable interest entity may or needs to be consolidated with the entity under generally accepted accounting principles. We provide or offer the "Services" which include (a) this website, (b) services provided by this website and XY Global TH client software through this website, and (c) all information, link pages, features, data, text, images, photos, graphics, music, sound, video (including live streams), messages, tags, content, programs, software, application services (including but not limited to any mobile application services), or other materials provided through the website or their related services ("Content"). Any new features added to or enhanced by the Services are also subject to these Terms of Service. These Terms of Service apply to your use of the Services provided by XY Global TH.
    1.2 The service includes online platform services, providing a venue and opportunity for the sale of goods between the Buyer ("Buyer") and the Seller ("Seller") (collectively referred to as "You," "User," or "Both Parties"). The actual sales contract is directly signed between the buyer and the seller, and XY Global TH is not a party to this contract or any other contract between the buyer and the seller, nor does it assume any obligations related to such contracts. Each party in these transactions will be solely responsible for their sales contract, product list, purchase guarantee, etc. XY Global TH does not participate in transactions between users. XY Global TH may or may not pre-screen users or the content or information provided by users. XY Global TH reserves the right to delete any content or information you post on the website according to Section 6.4 here. XY Global TH cannot guarantee that users will actually complete transactions.
    1.3 Before becoming a user of this website, you must read and accept all terms and conditions in these Terms of Service and all terms and conditions linked thereto, and you must agree to process your personal data as described in the Privacy Policy linked here.
    1.4 XY Global TH reserves the right to change, modify, suspend, or terminate all or any part of this website or service at any time or as required by local laws. XY Global TH may release certain services or their functionalities in beta versions, which may not work properly or in the same way as the final version; in such cases, we assume no responsibility. XY Global TH may also decide on its own to impose restrictions on certain functions or limit your access to part or all of the website or service without prior notice or liability.
    1.5XY Global TH reserves the right to refuse to provide you with access to the website or services or allow you to open an account for any reason.
    By using the XY Global TH Service or opening an account, you irrevocably accept and agree to the terms of this Agreement, including those additional terms and conditions and policies referenced and/or linked here.
    If you do not agree to these terms, please do not use our services or access the website. If you are under 18 years old or have not reached the legal age of consent for this agreement as stipulated by the applicable laws in your country/region ("legal age"), you must obtain permission from your parents or legal guardian to open an account, and that parent or legal guardian must agree to the terms of this agreement. If you are unsure whether you have reached the legal age or do not understand this section, do not create an account until you seek help from your parents or legal guardian. If you are a parent or legal guardian of a minor who is creating an account, you must accept the terms of this agreement on behalf of the minor and will be responsible for all uses of the account or the company services associated with the account, whether the account is currently active or created later.
    2. Privacy
    2.1 At XY Global TH, your privacy is of utmost importance to us. To better protect your rights, we provide the XY Global TH Privacy Policy to detail our privacy practices. Please review the Pr Privacy Policy to understand how XY Global TH collects and uses information related to your account and/or your use of services ("User Information"). By using the services or providing information on the website, you:
    (i) Agree that XY Global TH collects, uses, discloses and/or processes your content, personal data and user information in accordance with the Privacy Policy;
    (ii) Agree and acknowledge that the ownership of your user information is jointly owned by you and XY Global TH; and
    (iii) Without the prior written consent of XY Global TH, you shall not directly or indirectly disclose your user information to any third party, or otherwise allow any third party to access or use your user information.
    2.2 Users who have another user's personal data through the use of services ("Receiving Party") hereby agree that they will (i) comply with all applicable personal data protection laws related to such data; (ii) allow users whose personal data is collected by the Receiving Party ("Disclosing Party") to delete their collected data from the Receiving Party's database; (iii) in each case under (ii) and (iii), allow the Disclosing Party to review which information about them has been collected by the Receiving Party in accordance with applicable law and as required by applicable law.
    3. Limited license
    3.1 XY Global TH grants you a limited and revocable license to access and use the Services in accordance with the terms and conditions of these Terms of Service. All proprietary content, trademarks, service marks, brand names, logos, and other intellectual property ("Intellectual Property") displayed on this website are the property of XY Global TH and any third party owners identified on this website (if applicable). No party directly or indirectly grants any right or license to use or reproduce any Intellectual Property, and no party accessing this website may claim any rights, ownership, or interest therein. By using or accessing the Services, you agree to comply with all applicable laws protecting the copyright, trademarks, service marks, and other intellectual property of the Services, website, and its content. You agree not to reproduce, distribute, redistribute, transmit, publicly display, publicly perform, modify, adapt, lease, sell, or create derivative works from any part of the Services, website, or its content. Without our prior written consent, you may not mirror or build any part or all of the content of this website on any other server or as part of any other website. Additionally, you agree that without our prior written consent, you will not use any robots, spiders, or any other automated devices or manual processes to monitor or copy our content (for standard search engine technologies used by internet search sites, such consent is deemed given to direct internet users to this website).
    3.2 You are welcome to link from your website to this site, provided that your website does not imply any endorsement or association with XY Global TH. You acknowledge that XY Global TH may at its sole discretion cease to provide all or part of its services at any time without notice.
    4. Software
    We provide you with any software as part of our service, which is subject to these terms of service. XY Global TH reserves all rights in the software not expressly granted to XY Global TH under this agreement. Any third-party scripts or code linked to or referenced from the service are licensed to you by the third party that owns such scripts or code, not by XY Global TH.
    5. Accounts and security
    5.1 Some of the features we offer require you to register an account by selecting a unique user identifier ("User ID") and providing certain personal information. If the User ID you choose is deemed unsuitable or inappropriate by XY Global TH, XY Global TH has the right to suspend or terminate your account. You can use your account to access other products, websites, or services that we allow, are linked with us, or collaborate with us. XY Global TH does not review any third-party content, functionality, security, services, privacy policies, or other practices of these products, websites, or services, nor do we assume any responsibility for them. If you do so, the terms of service for these products, websites, or services, including their respective privacy policies, which may differ from these terms and/or our privacy policy, may also apply to your use of these products, websites, or services.
    5.2 You agree (a) to keep your password confidential and use only your user ID and password when logging in, (b) to log out of your account at the end of each session on the website, (c) to immediately notify XY Global TH of any unauthorized use of your account, user ID, and/or password, and (d) to ensure that your account information is accurate and up-to-date. You are fully responsible for all activities conducted under your user ID and account, even if such activities or use were not performed by you. XY Global TH shall not be liable for any loss or damage resulting from unauthorized use of your password or failure to comply with the provisions of this section.
    5.3 You agree that XY Global TH may, for any reason, at its sole discretion, immediately terminate or suspend your account and user ID, remove or discard any content related to you from the website, withdraw any subsidies provided to you, cancel or suspend any transactions associated with your account and user ID, temporarily or permanently withhold any proceeds from sales or refunds in more serious cases, and/or take any other actions deemed necessary by XY Global TH. Such actions may be based on actual or suspected (a) prolonged inactivity as determined by us from time to time, (b) violation of the terms of these service agreements in writing or in spirit, (c) illegal, fraudulent, harassing, defamatory, threatening, or abusive behavior, (d) possession of multiple user accounts, (e) purchasing products on the website for resale, (f) abnormal or excessive purchases of products from the same website by sellers or relevant groups of sellers, (g) misuse of coupons (including but not limited to selling coupons to third parties, selling coupons at a significant markup above face value, or abnormal or excessive use of coupons on the website), or (h) actions harmful to other users, third parties, or XY Global TH's business interests. The use of accounts for illegal, fraudulent, harassing, defamatory, threatening, or abusive purposes may be referred to law enforcement without further notice. If a legal dispute or enforcement action arises in connection with your account or your use of the Services for any reason, XY Global TH may terminate your account immediately, with or without notice.
    5.4 If a user notifies XY Global TH in writing (including via email xyselectth@xyselectth.com) that they wish to do so, they may terminate their account. Despite any such termination, the user remains responsible for any uncompleted transactions (whether before or after such termination), product shipping, product payments, etc., and must effectively carry out and complete all uncompleted transactions upon timely contact with XY Global TH and in accordance with the terms of service. XY Global TH shall not be liable for any damages arising from actions taken under this section. The user waives any and all claims based on any such actions taken by XY Global TH.
    5.5 If you are located in one of the approved countries we update from time to time, you can only use the Service and/or open an account.
    6. Terms of Use
    6.1 The license to use this website and services shall remain valid until termination. This license will terminate according to the provisions of these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In either case, XY Global TH may implement such termination, either with or without notice to you.
    6.2 You agree that you will not:
    (a) Upload, publish, transmit or otherwise provide any illegal, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, obscene, pornographic, defamatory, invasion of privacy, hate or racially offensive content;
    (b) Violation of any law, including but not limited to any laws and regulations relating to import and export restrictions, third party rights or our prohibited and restricted items policy;
    (c) Upload, publish, transmit or otherwise provide any content featuring unsupervised minors, or use the Service in any way that harms minors;
    (d) Use the service or upload content to impersonate any person or entity, or otherwise distort your relationship with a person or entity;
    (e) Falsifying the header or otherwise manipulating the identifier to conceal the source of any content transmitted through the service;
    (f) Delete any ownership statement from the website;
    (g) failure to XY Global TH expressly authorize, permit or authorize the modification, creation of derivative works or translation services;
    (h) Use of the Services for any third party benefit or in any manner not permitted by the license granted here;
    (i) Use of the Services or uploading of content in a fraudulent, unreasonable, false, misleading or deceptive manner;
    (j) Opening and/or operating multiple user accounts in violation of the letter or spirit of these Terms of Service;
    (k) Accessing the XY Global TH platform, opening a user account or otherwise accessing your user account using any non-official XY Global TH hardware or software (including but not limited to simulators, simulators, robots or other similar hardware or software);
    (l) Manipulating the price e List of any project or interfering with other users;
    (m) Take any action that may disrupt the feedback or rating system;
    (n) Attempts to decompile, reverse engineer, disassemble or hack a service (or any part thereof), or to crack or break any encryption technology or security measures implemented by XY Global TH on the service and/or the data transmitted, processed or stored by XY Global TH
    (o) Obtain or collect any information about other account holders, including but not limited to any personal data or information;
    (p) Upload, send by E-mail, post, transmit or otherwise provide any content that you are not entitled to provide under any law or contract or trust relationship (e.g., as an employment relationship or pursuant to a confidentiality agreement);
    (q) Upload, email, publish, transmit or otherwise provide any content that infringes any party's patents, trademarks, trade secrets, Copyrights or other ownership;
    (r) Upload, email, post, transmit or otherwise provide any unsolicited or unauthorized advertising, promotional materials, "spam", "spam", "chain letters", "pyramid schemes" or any other unauthorized solicitation;
    (s) Upload, e-mail, post, transmit or otherwise provide any material containing software viruses, worms, Trojan horses or any other computer code, routines, files or programs intended to interfere with, manipulate, interrupt, disrupt or otherwise destroy any other computer; restrict the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
    (t) Disrupting normal conversation flow so that the screen "rolls" faster than other users of the service can type, or otherwise negatively affecting other users' ability to participate in real-time communication;
    (u) Interfering with, manipulating or disrupting the use and enjoyment of services or servers or networks connected to services or any other users' use and enjoyment of services, or violating any requirements, procedures, policies or regulations of the network connected to the website;
    (v) Take any action or engage in any conduct that may directly or indirectly impair, disable, overload or damage the service or the servers or networks connected to the service;
    (w) Use of the Service in a manner that, intentionally or unintentionally, violates any applicable local, state, national or international laws, rules, guidelines, directives, guidelines, policies or regulations, including but not limited to laws and requirements (whether or not they have legal force)) related to anti-money laundering or counter-terrorism;
    (x) Use of the Service in violation of or circumventing any sanctions or embargoes imposed or enforced by the Office of Foreign Assets Control of the United States Treasury Department, the United Nations Security Council, the European Union or the United Kingdom Treasury;
    (y) Use of the service to violate the privacy of others or "track" or otherwise harass others;
    (z) infringement of the rights of XY Global TH, including any intellectual property and any counterfeiting thereof;
    (aa) Use the service to collect or store personal data of other users related to the prohibited acts and activities mentioned above;
    (bb) List items that infringe on third party copyright, trademark or other intellectual property rights, or use the service in a way that infringes on the intellectual property rights of others; and/or
    (cc) Indicating or encouraging other users to conduct transactions outside the site.
    6.3 You understand that all content, whether publicly posted or privately transmitted, is the sole responsibility of the source. This means you (not XY Global TH) are fully responsible for all content you upload, post, send via email, transmit, or otherwise provide through this website. You understand that by using this website, you may come into contact with content that you find offensive, inappropriate, or objectionable. To the maximum extent permitted by applicable law, XY Global TH shall not be liable for any content in any situation, including but not limited to any errors or omissions in any content, or any type of loss or damage arising therefrom from using or relying on any content published on the website, sent via email, transmitted, or otherwise provided.
    6.4 You acknowledge that XY Global TH and its designated personnel have the right (but not the obligation) to pre-screen, reject, delete, stop, suspend, remove, or move any content, including but not limited to any content or information you post on this website, without holding you liable for any of it. Without limiting the foregoing, XY Global TH and its designated personnel have the right to delete any content (i) that violates these terms of service or your r Prohibited and Restricted Items Policy; (ii) if we receive complaints from other users; (iii) if we receive notices of intellectual property infringement or allegations or other legal instructions or requests to remove; (iv) if such content is otherwise objectionable. As part of our efforts to protect the services or our users, or in other ways to enforce the provisions of these terms, we may also block communications sent to or from the services (including but not limited to status updates, posts, messages, and/or chats) that violate the terms and conditions. You agree that you must assess and bear all risks associated with using any content, including but not limited to any reliance on its accuracy, completeness, or usefulness. In this regard, you acknowledge that you do not and cannot rely on XY Global TH creating or submitting any content to XY Global TH, including but not limited to information in the XY Global TH forum and all other sections of the website, within the maximum extent permitted by applicable law.
    6.5 You acknowledge, agree, and consent that XY Global TH may access, retain, and/or disclose your account information and content to any legal, regulatory, or government authority, relevant right holders, or other third parties as required by law. This can be done at the court's order or upon legitimate request from any government or regulatory body with jurisdiction over XY Global TH, or if it is in good faith believed that such access or disclosure is reasonably necessary for: (a) complying with legal procedures; (b) enforcing these terms of service or our policy on prohibited and restricted items; (c) responding to claims of infringement of third-party rights (including intellectual property); (d) addressing your customer service requests; (e) protecting the rights, property, or personal safety of XY Global TH, its users, and/or the public.
    7. Violation of our terms of service
    7.1 Violation of this policy may result in a series of actions, including but not limited to any or all of the following:
    • List deletion
    Account permission restrictions
    • Suspension and subsequent termination of accounts
    ▪ Criminal charges
    Civil claims, including but not limited to claims for damages and/or interim or injunctive relief
    7.2 If you believe that a user on our website has violated these Terms of Service, please contact xyselectth@xyselectth.com
    8. Report intellectual property infringement
    8.1 As stated above, XY Global TH does not allow the release of goods that infringe the intellectual property rights of brand owners or other intellectual property owners ("Intellectual Property Owners").
    8.2 Unless otherwise expressly stated, users are independent individuals or businesses who have no connection with XY Global TH, XY Global TH is neither an agent nor a representative of the users, nor does it hold and/or own any goods listed on this website. Location.
    8.3 If you are the owner of intellectual property or an agent formally authorized by the owner ("Intellectual Property Agent"), and you believe your rights or those of your principal have been infringed, please submit an online form to notify us at https://help.XY Global TH and provide us with the following documents as required to support your claim. Please allow us time to process the information provided. XY Global TH will respond to your complaint as soon as possible if feasible.
    8.4 Complaints under this Article 8 must be submitted in the form prescribed by XY Global TH, which may be updated from time to time and must include at least the following: (a) the intellectual property owner or agent (collectively referred to as "informant"); (b) a description of the type and nature of the alleged infringement and proof of rights; (c) a description of the nature of the alleged infringement and sufficient detail to enable XY Global TH to assess the complaint; (d) URLs containing lists of alleged infringements; (e) sufficient information for XY Global TH to contact the informant, such as the informant's actual address, telephone number, and email address; (f) the informant's statement that the complaint is made in good faith and that the use of the identified intellectual property has not been authorized by the intellectual property owner or law; (g) the informant's declaration that the information in the notice is accurate, that the informant will indemnify us for any damages we may suffer as a result of the information provided by the informant, and that the informant has appropriate rights or authority to handle all matters related to the complaint on behalf of the intellectual property owner.
    8.5 XY Global TH recognizes the right of manufacturers to enter into certain exclusive distribution agreements or minimum advertising price agreements for their products. However, breaching such agreements does not constitute an infringement of intellectual property rights. Since the enforcement of these agreements is a matter between the parties—between the manufacturer and the seller—XY Global TH does not assist in such enforcement activities nor enforce exclusive distribution rights or pricing controls, except in countries/regions with specific laws governing selective or exclusive distribution.
    8.6 Each Seller agrees to indemnify XY Global TH and its affiliates against all claims, causes of action, damages and judgments arising out of any removal of any content or product list pursuant to any intellectual property infringement claim or related thereto.
    IX. Purchase and payment
    9.1 XY Global TH supports one or more of the following payment methods in each country where it operates:
    (i), credit card
    Credit card payments are processed through third-party payment channels, which may accept different types of credit cards depending on your jurisdiction.
    (ii) Installment purchase plan
    For orders over $200, buyers can pay in installments. Installment payments are processed through third-party channels. Currently, the banks that support installment payments are Dahua Bank, OCBC Bank and DBS Bank.
    9.2 The Buyer may only change its preferred method of purchase payment before payment is made.
    9.3 XY Global TH shall not be liable for any loss or damage incurred by the Buyer due to payment for the purchased goods, resulting from incorrect shipping or payment information entered by the Buyer or erroneous remittances made by the Buyer. We reserve the right to verify whether the Buyer has been officially authorized to use certain payment methods and may suspend transactions until such authorization is confirmed or cancel the transaction if it cannot be obtained.
    10. Seller's balance
    10.1 Your account is allowed to store the amount received from the sales proceeds you receive from the platform ("Seller Balance"). The total of this money minus any withdrawals will be reflected as your seller balance.
    10.2 You can submit a transfer request ("withdrawal request") up to once per day, transferring funds from your seller's balance (up to the seller's balance limit) to your associated bank account ("associated account"). XY Global TH may also automatically transfer funds from your seller's balance to your associated account on a regular basis, as determined by XY Global TH. XY Global TH can only process such transfers during business days, which may take up to two business days to be credited to your associated account. XY Global TH can only make payments to sellers via bank transfer. Therefore, sellers need to provide their bank account details to XY Global TH so that they can receive payments from their seller's balance.
    10.3 The Seller is entitled to one (1) free withdrawal request per week ("Weekly Withdrawal Limit"). For each additional withdrawal request exceeding the weekly withdrawal limit, XY Global TH may charge a fee of SGD0.20 ("Withdrawal Fee"). The Weekly Withdrawal Limit and withdrawal fees are subject to change at the sole discretion of XY Global TH.
    10.4 The proceeds from your sale of goods on XY Global TH shall be credited to your seller balance within three (3) days after the delivery of the goods to the buyer or immediately after the buyer confirms that they have received the goods.
    10.5 Once submitted, you may not modify or cancel the withdrawal request.
    10.6 If an error occurs in processing any transaction, you authorize us to debit or credit your designated bank account to correct such errors, provided that any such corrections are made in accordance with applicable laws and regulations. If we are unable to deduct funds from your designated bank account for any reason, you authorize us to re-present the deduction along with any applicable fees to any other bank account or payment instrument registered with us, or to deduct the deduction and applicable fees from your seller balance in the future.
    10.7 You authorize us to debit or credit your seller balance:
    (i) Correct any errors in the processing of any transaction;
    (ii) XY Global TH Determine that you have participated in fraudulent or suspicious activities and/or transactions;
    (iii) Involving any loss, damage or incorrect item;
    (iv) In connection with any reward or rebate;
    (v) In connection with any unpaid fees;
    (vi) In connection with the settlement of any transaction dispute, including any compensation you are entitled to or from you;
    (vii) Involving any prohibited article or item detained by customs;
    (viii) Any change in the idea agreed by both parties to the sale; and
    (ix) Purchase advertising credits when you activate the advertising credit recharge function and your advertising credits are below your minimum advertising credit amount.
    10.8 If your account has been terminated, deactivated, or suspended in accordance with these Terms of Service, or if your account remains inactive (for a duration as XY Global TH may from time to time specify), we have the right to charge for the management of any remaining seller balance in your account. The amount and frequency of such charges shall be determined by XY Global TH from time to time.
    11. Shopping payments
    11.1 If you have both an XY Global TH account and a XY Global THPay Pte account Ltd. ("XY Global THPay"), you authorize XY Global TH to disclose such information to XY Global THPay so that XY Global THPay can provide services to you (as defined in the XY Global THPay Terms of Service), including but not limited to any payment details related to your account.
    12. Shop warranty
    12.1 XY Global TH Guarantee is a service provided by XY Global TH or its authorized agents to secure the purchase. To avoid liability risks, payments made to the seller using this service will be held in an account designated as the XY Global TH Guarantee Account. The seller will not charge interest or other income from the funds you pay into the XY Global TH Guarantee Account.
    12.2 After the Buyer has paid for his/her order ("Buyer's purchase amount"), the Buyer's purchase amount will be held in the XY Global TH Guarantee Account until:
    (A) The Buyer sends a confirmation to XY Global TH that the Buyer has received his/her goods, in which case, unless applicable under 12.2 (d), XY Global TH will release the Buyer's purchase amount (less the seller's freight percentage (if applicable)), fees and taxes paid by the Buyer to the XY Global TH guarantee account of the Seller (as defined below), and (if applicable) cross-border fees (as defined below);
    (b) Upon expiration of the XY Global TH guarantee period (or any extension approved under 12.3), in such case, unless 12.2(c) or 12.2(d) applies, XY Global TH will release the buyer's purchase amount (less the seller's freight percentage (if applicable)), transaction fees and taxes (as defined below), as well as (if applicable) cross-border fees in XY Global TH's guarantee account (as defined below));
    (c) XY Global TH confirms that the buyer's return and/or refund request is successful, in which case, unless applicable under 12.2 (d), XY Global TH will refund the buyer according to the Refund and Return Policy;
    (d) XY Global TH Reasonably determined other time allocation of the buyer's purchase amount (less the seller's freight rate (if applicable), transaction fees and taxes (defined below), and (if applicable) cross-border charges (defined below)) is appropriate, including but not limited to what it deems reasonably necessary to comply with applicable law or court orders or enforce these terms of service.
    XY Global TH Guarantee Only available to buyers who pay XY Global TH Guarantee Account through the channels provided by XY Global TH. Offline arrangements between buyers and sellers are not covered by XY Global TH's guarantee.
    12.3 Payments made through the XY Global TH channel will be held in the XY Global TH guarantee account for a specified period ("XY Global TH Guarantee Period"). For more information about the XY Global TH Guarantee Period, please click this link. The buyer may apply for a one-time extension of the XY Global TH Guarantee Period before its expiration, subject to the refund and return policy. According to the buyer's application, the XY Global TH Guarantee Period can be extended by up to three (3) days, unless the XY Global TH decides that a longer extension is appropriate or necessary.
    12.4 If the seller's bank account cannot be credited and/or the seller cannot be contacted for any reason, XY Global TH will make reasonable efforts to contact the seller using the contact information provided by the seller. If the seller cannot be contacted and the buyer's payment remains unclaimed for more than twelve (12) months after the seller's due date, XY Global TH will handle such unclaimed buyer payments in accordance with applicable law.
    12.5 The seller/buyer must be the beneficial owner of the account and conduct transactions on the website only in their own name. XY Global TH may request the seller or buyer to provide their personal data, such as recent ID photos, bank account details, and/or any other necessary documents for verification purposes, including verification required by third-party payment processors and logistics service providers. The seller/buyer hereby agrees that XY Global TH may use or provide their personal data to third parties to facilitate their use of this website. Additionally, the seller/buyer authorizes XY Global TH to use their personal data for any inquiries we deem necessary to verify their identity with appropriate entities (such as their bank). For more information on how XY Global TH processes your personal information, please visit our Privacy Policy page.
    12.6 XY Global TH Warranty is a supplement to the obligations of both parties as stipulated by applicable law, but it may extend beyond this scope and be provided by XY Global TH Warranty. XY Global TH Warranty neither intends nor assists the buyer or seller in fulfilling their own legal obligations; all parties will bear full responsibility for this, and XY Global TH shall not assume any related liability. XY Global TH Warranty does not constitute a product warranty, but it may extend beyond this scope.
    12.7 The Buyer and the Seller acknowledge and agree that any decision (including any appeal) made by XY Global TH with respect to any issue relating to the XY Global TH Guarantee shall be final.
    12.8 To avoid any doubt, any transaction not conducted on this website will not be subject to the protection conditions provided by XY Global TH Guarantee.
    13. XY Global TH COIN, reward system
    13.1 Users can earn loyalty points ("XY Global TH Coins") by using the XY Global TH Guarantee system to purchase items on the website or by participating in other XY Global TH activities ("eligible activities") determined from time to time based on the established conversion rate, as determined by XY Global TH. Typically, XY Global TH Coins will credit these points to the user's account upon successful completion of a transaction or activity approved by XY Global TH. If you are a user and your account has not excluded you from participation, you are eligible for the XY Global TH Coins Rewards System. Users can earn loyalty points ("XY Global THCoins") by using the XY Global TH Guarantee system to purchase items on the website or by participating in other XY Global TH activities ("eligible activities") determined from time to time based on the conversion rate set by XY Global TH, as determined by XY Global TH. Typically, XY Global TH Coins will credit these points to the user's account upon successful completion of a transaction or activity approved by XY Global TH. If you are a user and your account has not excluded you from participation, you are eligible for the XY Global TH Coins Rewards System.
    13.2 Failure to use XY Global TH guarantees that transactions completed on the website do not qualify for the XY Global TH Coin Reward System. XY Global TH may at its sole discretion exclude product categories from the XY Global THCoins reward system.
    13.3 XY Global TH Coins have no monetary value and do not constitute your property, which cannot be purchased, sold, transferred or exchanged for cash. 1 XY Global TH Coins lent to the buyer have no monetary value and do not constitute the buyer's property, which cannot be purchased, sold, transferred or exchanged for cash by the buyer.
    13.4 According to the XY Global TH rules and regulations that the XY Global TH determines, changes, or modifies from time to time, and subject to any limits imposed by the XY Global TH at its discretion, users may exchange or donate XY Global TH Coins by sending a request to the XY Global TH and using XY Global TH Coins to offset the purchase price of selected items when shopping on the website (as applicable), as recommended by the XY Global TH from time to time. All refunds will comply with the XY Global TH's refund and return policy as outlined in Section 16.4.
    13.5 The XY Global THCoin you redeem or donate will be deducted from your XY Global TH Coin balance. Each XY Global THCoin has an expiration date. Please make sure to check your account details on the website to see your XY Global THCoin balance and expiration date.
    13.6 We may from time to time inform you that certain eligible activities will be rewarded with XY Global TH Coins. This may include, but is not limited to, purchases made at the seller you participate with or according to specific promotional offers. We will from time to time notify you of the terms (if any) for such bonus rewards.
    13.7 If you have a dispute over the number of XY Global TH coins you received from the Qualified Activity, such dispute must be filed within one (1) month from the date of the Qualified Activity. We may require you to provide evidence in support of your claim.
    13.8XY Global TH We make no warranty or assume any responsibility for the final tax treatment of XY Global TH Coins. You need to consult your tax adviser to confirm whether receiving XY Global TH coins will affect your tax situation.
    13.9 XY Global TH reserves the right to (i) terminate the XY Global TH Coins Rewards system at any time, and/or (ii) revoke or suspend users' rights to participate in the XY Global TH Coins Rewards system, including the ability to earn and redeem XY Global TH Coins at its sole discretion.
    14. XY Global TH COIN, marketing services
    14.1 Sellers can purchase XY Global TH Coins in the "Marketing Center" section of the Seller Center ("Marketing Center") to distribute free of charge to buyers for marketing purposes. If you are a seller purchasing XY Global TH Coins, you will be deemed to have agreed to the terms and conditions described in this section, as well as any interpretative materials communicated to sellers in writing on this website, in the Seller Center, or otherwise ("Seller Coins Rules").
    14.2 In order to purchase XY Global TH coins, you must be a qualified seller under the seller currency rules. Your account must not be suspended for editing when you purchase and pay XY Global TH Coins.
    14.3 You can purchase XY Global TH Coins through the payment methods specified by the Marketing Center. After payment is completed, XY Global TH Coins will be credited to your account within 24 hours as a gift to the buyer and will expire after six (6) months or at other times determined by XY Global TH. Unless otherwise specified by applicable Seller Coins rules, you may not cancel your order and/or request a refund after purchasing XY Global TH Coins and completing the payment process.
    14.4 The XY Global TH coins purchased by the seller can only be gifted to buyers free of charge through promotional channels provided by the marketing center. Under no circumstances shall you sell, redeem, or otherwise trade XY Global TH coins. You agree that, in addition to any other actions or remedies XY Global TH may take or enforce, non-compliance with this section or any seller coin rules may result, but is not limited to, the confiscation of the XY Global TH coins you have purchased.
    14.5 You understand and agree that XY Global TH does not guarantee or warrant that the viewing rate or sales of your products will increase due to the purchase and free distribution of XY Global TH coins.
    14.6 It is recommended that you purchase XY Global TH Coins after fully considering your budget and expected advertising goals. Unless otherwise specified in this service terms or the seller's currency advertising rules, XY Global TH does not assume any compensation or liability for the purchase outcome or expected outcome (including but not limited to actual costs and profit losses).
    14.7 If, notwithstanding any provision of these Terms of Service, a court with jurisdiction determines that XY Global TH is liable to you for the purchase of XY Global TH Coins (including gross negligence), its liability to you or any third party shall be limited to the amount paid by you for the relevant XY Global TH Coins to the maximum extent permitted by applicable law.
    15. XY Global TH COIN Cashback vouchers
    15.1 When users make eligible purchases on the website, they may receive a voucher entitling them to additional XY Global TH Coins ("XY Global TH Coin Cashback Vouchers"). Upon successful transactions using XY Global TH Coin cashback vouchers, additional XY Global TH Coins will be credited to the user's account according to the exchange rate specified in the terms and conditions of such XY Global THCoin cashback vouchers ("additional XY Global TH Coins rates") or at XY Global TH's discretion. The XY Global TH Coins credited to the user after exchanging for XY Global TH Coin cashback vouchers should have the same terms and conditions as regular XY Global TH Coins (including terms and conditions related to expiration).
    15.2 XY Global TH may allow sellers to generate their own XY Global TH Coin Cashback Vouchers (each "Seller Coin Cashback Voucher"), which buyers can use for eligible purchases made from the seller's store. If you are a seller generating hard coin cashback vouchers, you will be deemed to have agreed to the terms and conditions outlined in this section.
    15.3 The seller shall determine the additional XY Global TH Coins rate when generating Seller Coin Cashback Voucher, and the seller shall be solely responsible for the accuracy of the additional XY Global TH Coins rate.
    For each completed transaction where the buyer successfully uses Seller Coin Cashback Voucher, the seller shall pay XY Global TH the value of the additional XY Global TH Coins credited to the buyer ("Coin Cashback Price"). The Coin Cashback Price is calculated in US dollars, which is the additional XY Global TH Coins amount credited to the buyer's account divided by 100, rounded to the nearest cent. The Coin Cashback Price is subject to GST ("Coin Cashback Tax"), and the seller is responsible for this tax.
    15.5 After the transaction is successful, XY Global TH will deduct Coin Cashback Price and Coin Cashback Tax Amount from the amount paid by the buyer and remit the balance to the seller according to Article 12.2. XY Global TH shall issue receipts or tax invoices for Coin Cashback Price and Coin Cashback Tax Amount upon request. To avoid any doubt, in addition to the transaction fees and taxes under the service terms, the price of coin cashback and the tax on coin cashback also apply.
    15.6 The return price of coin cash and the tax on the return of coin cash are not refundable.
    16. Delivery
    16.1 When XY Global TH receives the purchase payment from the buyer, XY Global TH will notify the seller. Unless otherwise agreed with XY Global TH, the seller shall make the necessary arrangements to deliver the purchased goods to the buyer and provide the buyer with detailed information such as the name of the delivery company and tracking number through the website.
    16.2 The Seller must make every effort to ensure that the Buyer receives the purchased item within the XY Global TH guarantee period or ti (as applicable) within the time limit specified by the Seller on the seller's list (for offline payment).
    16.3 The user understands that the seller assumes all risks associated with delivering the purchased items and guarantees that he/she has or will obtain adequate insurance to deliver the purchased items. If the purchased item is damaged, lost, or fails to be delivered during delivery, the user acknowledges and agrees that XY Global TH shall not be liable for any damages, costs, expenses, or fees arising therefrom, and the seller and/or buyer will contact the logistics service provider to resolve such disputes.
    16.4 For cross-border transactions. The user understands and acknowledges that if the product list indicates that a product will be shipped from overseas, then the product is sold by a seller outside of Singapore, and its import and export are subject to local laws and regulations. The user should be familiar with all import and export restrictions applicable in the designated country/region. The user acknowledges that XY Global TH cannot provide any legal advice on this matter and agrees that XY Global TH shall not assume any risk or liability related to the import and export of such products into Singapore.
    16.5 If the Buyer chooses to deliver the purchased goods through Thailand Post Normal Mail, all costs of delivering the purchased goods shall be borne by the Seller alone.
    16.6 If the Buyer chooses to deliver the purchased items via any other mode of transport, the costs payable to the delivery company ("Freight") shall be borne by the Buyer, Seller, and XY Global TH in the proportion determined by XY Global TH and XY Global TH. XY Global TH shall (i) charge the Buyer for their share of the freight, (ii) deduct the Seller's share of the freight from the Buyer's purchase amount according to Section 12.2, and (iii) pay the total freight to the delivery company.
    16.7 To avoid doubt, XY Global TH Express Private provides or manages any logistics services supported by XY Global TH provided or managed by XY Global TH Express Private for the purpose of transporting goods from outside Singapore to overseas destinations within Singapore and for onshore logistics services for local freight. Limited.
    17. Cancellation, return and refund
    17.1 The Buyer may cancel his/her order only before the buyer has paid the purchase money to the XY Global TH guarantee account.
    17.2 The Buyer may apply for a refund before the expiration of the XY Global TH warranty period, and if applicable, must comply with the XY Global TH Refund and Return Policy. Please refer to the XY Global TH Refund and Return Policy for more information.
    17.3 XY Global TH reserves the right to cancel any transaction on the website and the Buyer agrees that the only remedy for the Buyer is a refund of the purchase amount paid by the Buyer to the XY Global TH guarantee account.
    17.4 If you exchange XY Global TH Coin for your transaction and you successfully receive a refund according to XY Global TH's Refund and Return Policy, XY Global TH will refund you the actual amount paid for the item and any exchanged XY Global TH Coin will be refunded separately to your account.
    17.5 XY Global TH The cancellation, return and refund process for offline payment is not monitored.
    17.6 The refund shall be made to the buyer's XY Global TH wallet within five (5) days after the return or refund request is approved.
    18. Seller ' s liability
    18.1 The Seller shall properly manage and ensure that the relevant information of the goods (such as price, specifications and inventory quantity) and any terms and conditions of sale are updated in the seller list, and shall not publish inaccurate, misleading or incomplete information.
    18.2 The price of the goods shall be determined by the seller.
    18.3 For local orders where the point of sale is in Singapore, if GST ("GST") has been registered for goods and services in Singapore, the seller shall provide the price including GST to the buyer and shall issue a tax invoice, receipt or credit note (if applicable) as required to be provided to the buyer.
    18.4 For international orders where the point of sale is outside Singapore, the price of the goods shall include any goods and services tax, import duty, customs duties and charges imposed by the Singapore authorities at the time of importation, which the seller may not charge the buyer in addition to such charges, and separately except as provided for in Article 18.5.
    18.5 In the case of importation from Japan to Singapore, where the goods are delivered under the international trade term "delivery without tax (DDU)", the seller must inform the buyer that the carrier may collect import duties separately at the time of delivery.
    18.6 The Seller shall be responsible for responding to the buyer's enquiries regarding the seller's GST registration status.
    18.7 The Seller agrees XY Global TH that it may at its sole discretion engage in promotional activities to induce transactions by establishing a connection between the buyer and the seller through reductions, discounts or refunds of fees or other means. The final price actually paid by the Buyer will be the price applied with such adjustments.
    18.8 In order to promote the sale of goods posted by sellers, XY Global TH may publish such goods (adjusted prices) on third-party websites (such as portal websites, price comparison websites) and other websites operated by sellers XY Global TH.
    18.9 In accordance with Article 18.3 and 18.4, the Seller acknowledges and agrees that the Seller will be responsible for paying all taxes, duties and customs duties on the goods sold, XY Global TH cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, it is recommended that the seller seek professional advice if in doubt.
    18.10 The Seller acknowledges and agrees that the seller's breach of any XY Global TH policy will result in a series of actions as described in Article 7.1.
    19. Paid advertising
    19.1 XY Global TH provides keyword advertising ("keyword ads") and other advertising services on its paid advertising website, including participating in flash sales ("flash sale ads") (collectively referred to as "paid ads"). Sellers can purchase paid advertising services. XY Global TH offers paid advertising services according to this service agreement and any explanatory materials published on this website, the paid advertising website, or otherwise notified to sellers in writing (hereinafter referred to as "paid ad rules"). Sellers who purchase paid advertising services agree to be bound by the paid ad rules. If you do not agree to be bound by the paid ad rules, please do not purchase any paid advertising services.
    19.2 In order to purchase paid advertising services, you must be a qualified seller under the Paid Advertising Rules. Your account shall not be suspended when you purchase paid advertising services and pay for them.
    19.3 You can purchase paid advertising services by buying ad credits ("ad credits") on paid advertising websites or other sites. The fees for these paid advertising services will be deducted from XY Global TH's ad credits. All ad credits are subject to goods and services tax and expire after six (6) months or at another time determined by XY Global TH following the purchase. Unless otherwise specified by applicable paid advertising rules, you may not cancel your order and/or request a refund after purchasing ad credits and completing the payment process.
    19.4 If your ad score balance is below the amount you set (the "minimum ad score amount"), you can also choose to automatically top up your ad scores from your seller balance through the ad score recharge feature ("ad score recharge function"). When activating the ad score recharge feature, you can select the minimum ad score amount and the recharge amount, and agree to deduct it from your seller balance according to Article 10 of these terms of service.
    19.5 You can list items for sale or subsequently purchase keyword advertising services. When you buy keyword ads, you can set different budgets, keywords, and marketing cycles for each item according to the paid ad rules. The keyword advertising service for each item will be activated and will expire on the corresponding date ("paid ad period") that you set. If an item is sold or not listed during the paid ad period you have set for it, you do not have the right to transfer any remaining paid ad period or ad credits to other items. Ad credits will not be refunded.
    19.6 You can choose to purchase flash sale advertising services within the time periods specified by XY Global TH. When you buy flash sale advertising, you can specify the items that should be included in the flash sale, and XY Global TH may decide to include such items in the flash sale. Once used, advertising credits cannot be transferred to other projects, whether they have been sold or not, or if they were not listed during the flash sale period. Advertising credits will not be refunded.
    19.7 The products you post on this website must comply with all relevant laws and regulations, paid advertising rules, the terms of service, and the no-sale policy. You understand and agree that XY Global TH has the right to immediately remove any list that violates any of these provisions, and any paid advertising fees you have paid or any advertising credits you have used related to any list removed under this Article 18.7 will not be refunded. XY Global TH also does not assume any liability for any loss resulting from the removal of lists under t's Article 18.7.
    19.8 You understand and agree that XY Global TH does not guarantee or warrant that your product's ratings or sales will increase as a result of paid advertising services.
    19.9 It is recommended that you purchase paid advertising services only after fully considering your budget and expected advertising objectives. Unless otherwise specified in these Terms of Service or the Paid Advertising Rules, XY Global TH shall not be liable for any results or anticipated results of any paid advertisements (including but not limited to actual costs and profit losses).
    19.10 If, notwithstanding any provision of these Terms of Service, a court of competent jurisdiction determines that XY Global TH is liable (including gross negligence) for any paid advertising service, its liability to you or any third party shall be limited to the amount you paid for the relevant paid advertising service, to the maximum extent permitted by applicable law.
    19.11 For sellers located in Thailand, tax invoices for automatic recharge paid advertising can be obtained from the seller center.
    20. Sale of alcohol
    20.1, According to the terms and conditions of this Article 19, XY Global TH allows the purchase and sale of alcoholic beverages ("alcoholic beverages") on its website. If you are a buyer of alcoholic beverages ("alcoholic beverage buyer"), you will be deemed to have agreed to the terms and conditions in Section 18 when you buy alcoholic beverages on the website. Similarly, if you are an approved alcoholic beverage seller ("alcoholic beverage seller"), you will be deemed to have agreed to the terms and conditions in Section 18 when you sell alcoholic beverages on the website.
    20.2 If you are a buyer of alcohol:
    (i) You declare and warrant that you and (if applicable) the person receiving the alcohol ("recipient") is at least 18 years old;
    (ii) You may not request that alcohol be delivered to any public place (the term is defined in the Alcohol Control (Supply and Consumption) Act 2015, which is subject to revision from time to time); and
    (iii) You and/or the recipient shall provide a photo identification for age verification if requested by the alcohol seller or XY Global TH (or its agent).
    20.3 If you are a seller of alcohol, you declare and warrant that:
    (i) You hold all necessary licences and/or permits required to sell alcohol through this website and shall, upon request, immediately provide XY Global TH with copies of such licences and/or permits and supporting documents for verification; and
    (ii) All information and documents provided to XY Global TH are true and accurate.
    20.4 Delivery of alcohol to buyers:
    (i) The delivery agent reserves the right to require valid photographic identification for age verification; and
    (ii) XY Global TH (through the delivery agent) reserves the right to refuse delivery of alcohol if the buyer and/or consignee is intoxicated or unable to provide valid photo identification to verify age.
    20.5 Each alcohol buyer and seller agrees to indemnify, protect, and defend XY Global TH and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, or other partners, as well as employees (collectively referred to as the "Indemnified Parties") against any claims arising from or in connection with: (a) any inaccuracies or violations of its representations under Section 19.2 and/or Section 19.3 (if applicable); (b) any breach of any law or third party rights.
    Transaction costs
    21.1 XY Global TH charges a fee ("Transaction Fee") for all successful transactions completed on this website. The transaction fee is borne by the seller and calculated at two percent (2%) of the purchase amount, rounded to the nearest cent. The transaction fee must be subject to the Goods and Services Tax ("Taxes"), for which the seller is responsible.
    21.2 For sellers located outside Singapore, XY Global TH charges a fee ("Cross-border Fee") for all successful transactions completed on the Website. The Cross-border Fee is borne by the seller and calculated according to the rates notified from time to time to such sellers on the Website.
    21.3 XY Global TH charges an additional fee ("SPayLater Fee") for all successful transactions completed on websites where the buyer has chosen SPayLater as the payment method. The SPayLater Fee is borne by the seller and calculated based on rates notified to such sellers from time to time on the website. The SPayLater Fee must be subject to Goods and Services Tax ("SPayLater Tax"), which is paid by the seller.
    21.4 For sellers who sell products on the platform through Shopify API, XY Global TH will charge all successful transaction fees for completed transactions on the website ("Shopify Transaction Fee"). The Shopify Transaction Fee is borne by the seller and calculated at one and a half percent (1.5%) of the purchase amount, rounded to the nearest cent. The Shopify Transaction Fee must be paid along with the Goods and Services Tax ("Shopify Tax"). The seller is responsible for paying this Shopify Tax. To avoid any confusion, in addition to the transaction fee and tax, the Shopify Transaction Fee and Shopify Tax are also applicable.
    21.5 Upon successful completion of the transaction, XY Global TH will deduct transaction fees, taxes, cross-border fees, SPayLater fees, SPayLater taxes, Shopify transaction fees, and Shopify taxes (if applicable) from the buyer's purchase amount and remit the balance to the seller according to Section 12.2. XY Global TH shall issue receipts or tax invoices for transaction fees, taxes, Shopify transaction fees, and Shopify taxes paid on behalf of the seller as required. For sellers located in Thailand, these tax invoices can be obtained from the Seller Center.
    22. Registration of overseas suppliers
    22.1 For sellers of digital services located outside Thailand who are subject to the overseas supplier registration system ("overseas digital service sellers"), supplying digital services to buyers (i.e., individuals and non-GST registered businesses) is subject to GST ("OVR GST amount"). If the buyer has registered for consumption tax, the buyer with registered consumption tax is responsible for providing their consumption tax registration number to the XY Global TH and the seller as evidence that they have indeed registered for consumption tax. Starting from January 1, 2025, the scope of the overseas supplier registration system will be expanded to include non-digital services that can be provided and received remotely, as well as low-value goods sold by sellers outside Thailand.
    22.2 XY Global TH shall withhold and promptly remit the appropriate amount of OVR GST to the Thai tax authorities. Overseas digital service sellers must ensure that all applicable digital service sales taxes (if any) have been properly applied. Overseas digital service sellers should cooperate and make efforts to provide all necessary information to XY Global TH to comply with the tax requirements applicable under the overseas supplier registration system. Starting from January 1, 2025, the scope of the overseas supplier registration system will be expanded to include non-digital services that can be provided and received remotely, as well as low-value goods sold by sellers outside Thailand.
    23. Disputes
    23.1 Any transaction problems shall be resolved in accordance with XY Global TH policies.
    23.2 Each Buyer and Seller warrants and agrees that they will not bring any action or otherwise make any claim against XY Global TH or its affiliates (unless XY Global TH or its affiliates are sellers of the products in question) with respect to any transaction, this website or any dispute related to such transactions.
    23.3 Users protected by the XY Global TH can send a written request to the XY Global TH for assistance in resolving issues arising from transactions. The XY Global TH may take all necessary measures to assist users in resolving disputes without assuming any responsibility towards either party. For more information, please refer to the XY Global TH's Refunds and Returns Policy.
    23.4 It should be made clear that the services provided under Article 23 apply only to buyers covered by the XY Global TH guarantee. Buyers who purchase using other payment methods should contact the seller directly.
    24. feedback
    24.1 XY Global TH welcomes information and feedback from our users, which will enable XY Global TH to improve the quality of services provided. Please refer to the feedback procedures below for more information:
    (i) Feedback can be submitted in writing by email or using the feedback form on the App.
    (ii) Anonymous feedback is not accepted.
    (iii) Users affected by the feedback should be fully informed of all facts and have the opportunity to present their reasons.
    (iv) Vague and defamatory feedback will not be accepted.
    25. Disclaimer
    25.1 Services are provided "as is," and XY Global TH makes no express, implied, or statutory warranties, representations, or warranties of any kind, including but not limited to quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor any warranties arising from the course of dealing, performance, or trade practices. Without limiting the foregoing, to the maximum extent permitted by applicable law, XY Global TH does not warrant that the Services, this website, or the features contained herein will be available, accessible, uninterrupted, timely, secure, accurate, complete, or error-free, that defects (if any) will be corrected, or that this website and/or the server providing it is free from viruses, clocks, timers, counters, worms, software locks, crashes, Trojans, routing, traps, time bombs, or any other harmful code, instructions, programs, or components.
    25.2 You acknowledge that, to the maximum extent permitted by applicable law, you are solely liable for all risks arising from the use or execution of this website and/or services.
    25.3 XY Global TH cannot control and does not warrant or assume any liability for: (A) the purpose, existence, quality, safety, or legality of goods provided through the service; or (B) the seller's ability to sell goods or the buyer's ability to pay for goods. If a dispute involves one or more users, such users agree to resolve any such disputes directly and to release XY Global TH and its affiliates from any and all claims, demands, and damages arising out of such disputes, to the maximum extent permitted by applicable law.
    26. Exclusion and limitation of liability
    26.1 To the maximum extent permitted by applicable law, XY Global TH shall not be liable in any case, whether contractual, warranty, tortious (including but not limited to negligence (whether active, passive or presumed), product liability, strict liability or other theories), or for any legal, equitable, regulatory or other cause of action:
    (i) (a) inability to use; (b) loss of profits; (c) loss of income; (d) loss of data; (e) loss of goodwill; or (f) failure to achieve expected savings, whether direct or indirect; or
    (ii) Any indirect, incidental, special or consequential damage arising from or in connection with the use or inability to use the Website or Services, including but not limited to any damage caused thereby, even if XY Global TH has been informed of the possibility of such damage.
    26.2 You acknowledge and agree that if you have any questions or dissatisfaction with the Services, your sole right is to terminate your account and/or discontinue use of any Services.
    26.3 If, notwithstanding the above provisions, a competent court determines that XY Global TH is liable (including gross negligence), its liability to you or any third party shall be limited to the lesser of: (A) any amount guaranteed by XY Global TH payable and due to you; and $100$ (one hundred dollars).
    26.4 Nothing in these Terms of Service shall limit or exclude any liability for death or personal injury, fraud or any other liability that XY Global TH cannot legally limit and/or exclude due to its negligence.
    27. Third-party website links and YOUTUBE video sharing
    27.1 The third-party links provided on this website will take you away from this site. These links are for reference only, and the websites they link to are not controlled in any way by XY Global TH; therefore, you assume the risk of accessing them. XY Global TH is not responsible for the content of any such linked websites or for any links contained within those sites, including any changes or updates to such sites. XY Global TH provides these links merely for convenience, and including any links does not imply or suggest in any way that XY Global TH has any affiliation, endorsement, or sponsorship with any linked website and/or its content.
    27.2 XY Global TH allows you to share videos from YouTube on the XY Global TH Live feature ("YouTube Content"). Sharing YouTube content means that you hereby agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).
    28. Your contribution to the service
    28.1 By submitting content included in the service, you declare and warrant that you have all necessary rights and/or licenses to grant XY Global TH the following license. You further acknowledge and agree that you are solely responsible for any content you publish on or through the service, or otherwise provided, including but not limited to accuracy, reliability, nature, rights licensing, legal compliance, and legal limitations related to any content contribution. You hereby grant XY Global TH and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, redistribute, transmit, modify, adapt, create derivative works, publicly display, and otherwise publicly perform such content contributions on the service, through the service, or in connection with the service, including but not limited to promoting and redistributing part of the service (and its derivative works) without attribution, and you agree to waive any moral rights (and similar rights anywhere in the world) in this regard. You understand that your contribution can be transmitted via various networks and modified to meet and adapt to technical requirements.
    28.2 Any content, material, information, or ideas you post on or through the Service, or any content, material, information, or ideas transmitted to XY Global TH in any manner (collectively referred to as "Submissions"), shall not be considered confidential by XY Global TH. XY Global TH may disseminate or use them without compensation and may hold you liable for any purpose, including but not limited to developing, manufacturing, and marketing products. By submitting to XY Global TH, you acknowledge and agree that XY Global TH and/or other third parties may independently develop software, applications, interfaces, products, and their modifications and enhancements, which may be identical or similar to those of XY Global TH in terms of functionality, code, or other features. Therefore, you hereby grant XY Global TH and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to develop the aforementioned projects, as well as to use, reproduce, distribute, redistribute, transmit, modify, adapt, create derivative works, publicly display, and publicly perform any submissions in any media format and through any media channel on, through, or related to the Service, including but not limited to promoting and redistributing part of the Service (and its derivative works). This provision does not apply to personal information subject to our Privacy Policy unless you disclose such personal information on or through the Service.
    29. Contributions of third parties to services and external links
    29.1 Each contributor to data, text, images, sounds, videos, software, and other content services is solely responsible for the accuracy, reliability, nature, rights licensing, legal compliance, and legal limitations of their contributions. Therefore, XY Global TH is not responsible and should not regularly monitor or check the accuracy, reliability, nature, rights licensing, legal compliance, and legal limitations related to any content contribution. You will not hold XY Global TH liable for any actions or inactions of users, including but not limited to content they publish through the service or otherwise provide.
    29.2 In addition, the service may include links to third-party products, websites, services, and offers. These third-party links, products, websites, and services are not owned or controlled by XY Global TH. Instead, they are operated by their respective third parties and are the property of those third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. XY Global TH does not review the content, functionality, security, services, privacy policies, or other practices of these third parties, nor assumes any responsibility for them. We encourage you to read the terms and other policies published by such third parties on their websites or elsewhere. By using the service, you agree that XY Global TH will not be liable in any way for your use or inability to use any website or widget. You further acknowledge and agree that if a third-party link or application violates this Service Terms, XY Global TH may prohibit you from using or removing any third-party links or applications on the service.
    30. Your representations and warranties
    You declare and warrant that:
    (A) You have the legal capacity (if a minor, with the consent of a valid parent or legal guardian), rights and ability to sign these Terms of Service and comply with them; and
    (b) You will use the Services only for legal purposes and in accordance with these Terms of Service and all applicable laws, rules, guidelines, instructions, guidelines, policies and regulations.
    Fraudulent or suspicious activity
    If XY Global TH determines on its own that you may have been involved in any potential fraud or suspicious activities and/or transactions, we may take various measures to protect XY Global TH, other buyers or sellers, other third parties, or you from revocation, refusal to pay, claims, fees, penalties, fines, and any other liabilities. The actions we may take include, but are not limited to:
    (A) We may close, suspend or restrict your access to your account or service and/or suspend processing of any transaction;
    (b) We may suspend your eligibility for the XY Global TH guarantee;
    (c) We may hold, apply for or transfer funds in your account at the request of a judgment or order affecting you or your account, including a judgment or order issued by a court in Thailand or elsewhere against XY Global TH;
    (d) We may refuse to provide you with services now or in the future;
    (e) We may hold your funds for a reasonable period of time to prevent the risk of liability to XY Global TH or third parties, or if we believe you may be engaged in potentially fraudulent or suspicious activities and/or transactions.
    For the sake of this section's posture:
    "Refusal to pay" means a request made directly by the buyer to his or her debit card or credit card company or bank that issued the debit card or credit card to invalidate the payment.
    "A claim" is a challenge to a payment made directly to the XY Global TH by either the buyer or seller.
    "Cancellation" refers to XY Global TH revoking the payment because (a) it was voided by the sender's bank, (b) XY Global TH was mistakenly sent to you, (c) the sender of the payment had no authority to send it (for example, the sender used a stolen credit card), (d) you received the payment due to violating this service terms or any other XY Global TH policy, or (e) XY Global TH decided to make a claim against you.
    32. Compensation
    You agree to indemnify, defend, and hold harmless XY Global TH and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders, or other partners and employees (collectively referred to as the "Protected Parties") from any and all claims for damages, litigation, proceedings, and any liability, damages, settlement, penalties, fines, costs, and expenses (including but not limited to any other dispute resolution fees) arising out of or in connection with: (a) any transactions conducted on this website or any disputes related thereto (unless XY Global TH or its affiliates are the seller in such transactions), (b) XY Global TH's warranties, (c) hosting, operating, managing services by XY Global TH or on behalf of XY Global TH, (d) your breach or violation of any terms of this Service Agreement or any policies or guidelines referenced herein, (e) your use or misuse of the services, (f) your breach of any legal or third-party rights, or (g) any content you upload.
    33. Divisibility
    If any provision of these Terms and Conditions is deemed illegal, invalid or unenforceable for any reason under the laws of any jurisdiction, such provision shall be deemed to be separable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of this jurisdiction or the validity and enforceability of the relevant provisions of the laws of any other jurisdiction.
    34. Applicable law
    These terms of service shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on Computer-Related Transactions are expressly excluded to the extent applicable. Unless otherwise provided by applicable law, any disputes, controversies, claims, or any type of disagreement arising out of or in connection with these terms of service, or any protected party under these terms of service, shall be referred to and finally resolved by arbitration in Singapore in accordance with the then-effective Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules"), which are incorporated into this section by reference. There will be (1) one arbitrator, and the language of arbitration is English.
    35. General provisions
    35.1 XY Global TH reserves all rights not expressly granted here.
    35.2 XY Global TH may modify these terms of service at any time by posting revised terms on this website. By continuing to use the website and/or accepting any services (including, for the avoidance of doubt, XY Global TH continuing to provide you with your account) after such changes are posted, you agree to accept these revised terms of service.
    35.3 You shall not assign, sublicense or transfer any rights granted to you under this Agreement or subcontract any obligations of yours.
    35.4 Nothing in these Terms of Service constitutes a partnership, joint venture or agency relationship between you and XY Global TH, nor does it authorize you to incur any costs or liabilities on behalf of XY Global TH.
    35.5 XY Global TH Failure to require performance of any provision hereof at any time shall in no way affect its right to enforce such provision in the future, unless it is waived in writing.
    35.6 These Terms of Service are for your benefit only and not for the benefit of any other person or entity, except XY Global TH's affiliates and subsidiaries (and the successors and assigns of XY Global TH and its affiliates and subsidiaries).
    35.7 The terms set forth in this Service Agreement and any agreements or policies contained or referenced herein constitute the complete agreement and understanding between the parties regarding the Services and the Website, superseding any prior agreements or understandings between the parties. The parties also hereby exclude all implied terms of fact. The Service Agreement constitutes the agreement, except as expressly provided herein, and neither party relies on any statements, representations, warranties, understandings, promises, or assurances made by any person. Each party irrevocably and unconditionally waives all claims, rights, and remedies that it might have under any of the foregoing in the absence of this section. These Service Terms shall not be construed or supplemented in a manner inconsistent with any prior agreement, any contemporaneous oral agreement, or any consistent additional terms.
    35.8 You agree to comply with all applicable laws, regulations, rules and guidelines relating to anti-bribery and corruption, including but not limited to the UK Anti-Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Anti-Corruption Act, and confirm that you have and should have in place all policies and procedures necessary to ensure compliance with such requirements.
    35.9 If you have any questions or concerns about these Terms of Service or any questions raised on these Terms of Service or the Website, please contact our customer service team.
    Legal Notice: Please send all legal notices to xyselectth@xyselectth.com and note "General Counsel."
    I have read this Agreement and agree to all the terms above and any subsequent amendments. By clicking the "Register" or "Connect FACEBOOK" button during the registration process, I understand that I am creating a digital signature, which I expect to have the same effect and validity as if I were signing it manually.
    Last Updated: March 26, 2025
    Effective Date: March 4, 2024
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