Terms and Conditions

Thank you for using www.xtocast.com. The Site and Services accessed through the Site are possessed and worked by apps and mobile.

Please read these Terms of Use carefully as these Terms administer your utilization of the Site and our Services. By accessing our Services or any information, content or materials accessible through the Site, you agree to be subject to these Terms. If you do not agree to any of these Terms, you may not utilize our Services and you must suspend your use of our Site.

To contact us, please visit our Contact page.

About Us

We provide an online platform as a service that enables individuals and organizations to run voting, ticketing, and filing of nomination events. We provide the needed confidentiality in the online voting, purchase of ticket process, and filing of nomination process.

Privacy Policy

When you agree to these Terms, you are also agreeing to our Privacy Policy which can be found here.

How It Works

Users of our online platform are “Owners,” “Event Organizers,” and/or “Participants.” “Owners” are the individuals or 'Xtocast company' who create the voting setup. Event Organizers are individuals or organizations who patronize our company. Organizations or individuals who vote by casting ballots (“Ballots”) are “Participants.” Participants cast votes via Mobile Money, Visa/MasterCard, and PayPal. ‘The company’ (Owners) and Event Organizers must sign a Service Agreement for an account/setup.

License

Subject to these Terms, you are granted a non-exclusive, non-transferable, limited license to access and use our online platform as a service, as agreed and signed by both parties on a separate Services Agreement.

Payments Term, Cancellation and Refund Policy

Payment processing services are provided by Hubtel (https://hubtel.com) in Ghana, and the terms and conditions of those services will apply to the payments you make using them. Any personal information you provide to these payment providers will be processed in accordance with their privacy policies and not ours.

Cancellation

Fraudulent transactions are immediately cancelled after being detected by our payment processing company. To protect Xtocast and its clients against chargeback-related issues, any active sale associated with the same fraudulent credit card will also be cancelled.

You should be aware that receipt of payment to your voting service does not necessarily mean that these transactions cannot be reversed. We (our payment processing company) reserve the right to reverse a payment in case the payer or the payer’s bank or payment service provider has charged back or otherwise reversed (or is reasonably likely to chargeback or otherwise reverse) an upload or other payment which was used to fund the payment to you. You will have to provide a valid receipt to enable us to fight the chargeback and will be notified promptly before such action takes place.

Refunds

Subject to applicable law:

• All transactions done on Xtocast are final and any requests for refunds are subject to review.
• Xtocast will not be liable for any damages whatsoever resulting from a wrong transaction.
• Xtocast may pass on any costs incurred for conducting a refund to event organizers.

Where required by law, refunds associated with certain transactions may be eligible for different treatment.

Right To Refund

You, the customer, are entitled to request a refund of your payment as a result of this agreement if the service being paid for is not received/delivered from Xtocast. If you want a refund, you must email via [email protected], call, or deliver your written request to Xtocast at our registered office.

All refund requests will be dealt with high priority, and once reviewed and approved, will be returned back to the original source of payment (e.g., Mobile Money account or bank card).

Xtocast keeps detailed logs of all transactions that take place. Xtocast will conduct a detailed investigation of all refund requests for its services. In cases where it is possible to "return" the services already paid, we will endeavor to process a return.

Additional Rights

Nothing in our refund policy infringes on your rights to contest the decisions of your refund request by Xtocast through your payment brand's refund/chargeback process.

Xtocast is fully compliant with each of the payment brands' policies. It should be noted, however, that by using Xtocast, you are subject to the terms and conditions of our service.

Rates

Our least voting rate is 0.30ps per vote when voting for a nominee of a particular category. There can be changes (increment) depending on the event organizer’s decisions.

Taxes

Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the payment for our Services (collectively, “Taxes”) and must pay Xtocast without any reduction for Taxes.

Who Can Use Our Services?

You are not eligible to use our Services if you are:

• A minor under the age of 18. None of our Services is eligible for use by people under 18 years of age. If you are under 18 years old, you do not have the power to form a contract with Xtocast as in all states, the age requirement to sign a contract is 18 years of age and above. A child under the age of 18 is considered a minor and is unable to sign a contract.
• A competitor. You may not use our Services without our prior written consent if you are a competitor of the brand Xtocast or affiliated with a competitor of ours, as determined by us in our sole discretion.
• A robot or using a program. All access to and use of our Services via mechanical, programmatic, robotic, scripted, or any other automated means not provided as part of our Services is strictly prohibited.

Prohibited Acts

• Tamper. Modify, reverse engineer, decompile, adapt, or otherwise tamper with our Services or modify another website so as to falsely imply that it is associated with our Services, Xtocast, or any other software or service provided by Xtocast.
• Interfere. Interfere with, disrupt, or attempt to interfere or disrupt our Services, our domains, websites, servers, networks, services, or other equipment connected to our Services.
• Infringe. Use our Services in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or in violation of these Terms.
• Send spam. Use our Services to upload, post, host, or transmit unsolicited bulk e-mail “Spam”.
• Install malware. Use our Services to upload, post, host, or transmit viruses, self-replicating computer programs “Worms” or any code of a destructive or malicious nature.
• Harm minors. Harm minors in any way.
• Impersonate. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Violate the law. Intentionally or unintentionally violate any applicable local, state, national, or international law, including but not limited to international human rights or privacy laws, regulations, or principals.
• No disabling security features. You may not circumvent, disable, or otherwise interfere with security-related features of our Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Services or the Content therein.

Your Content

Any “Content” (defined below) you submit to Xtocast (including personal data and the personal data of others), including text, graphics, photos, documents, video, and audio recordings, to be used with our Services is subject to these Terms and the following conditions:

• Privacy. By providing us your Content, you trust us to treat it appropriately. Xtocast’s Privacy Policy describes how we will treat your Content and personal data. You in turn agree that Xtocast may use and share your Content in accordance with our Privacy Policy and these Terms.
• Confidentiality. Xtocast will provide confidentiality in your provision of information and only use and disclose it in accordance with our Privacy Policy and these Terms. However, your Content is not confidential if it is or becomes known to the public before receiving it from you.
• License. You retain the ownership rights in your Content. However, by submitting such Content to Xtocast, you hereby grant Xtocast a perpetual, worldwide, irrevocable, royalty-free license to use and display the Content, including any logo, in connection with our Services.
• Prohibited content. You may not submit any Content or other material, or encourage others to act in a manner, that is:
  • Illegal. Violates applicable local, national, and international laws and regulations.
  • Infringe. Infringes upon another person or entity’s copyright or intellectual property rights.
  • Offensive, libelous, harmful. Offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, abusive, harassing, tortuous, defamatory, vulgar, invasive of another's privacy.

No endorsement. Xtocast does not endorse any Content submitted by any user, third party, or other licensor, or any opinion, recommendation, or advice expressed therein, and Xtocast expressly disclaims any and all liability in connection with such Content.

Account Management

Keep your password secure. If you have been issued an account by Xtocast in connection with your use of our Services, you are responsible for safeguarding your password and any other credentials used to access that account. You are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you must notify Xtocast immediately. Accounts may not be shared and may only be used by one individual per account. You must exit your account at the end of each session.

Changes and Updates

Changes to Services. In the provision of better services to our clients, we regularly update our Services. Xtocast may add, alter, or remove functionality or features from our Services at any time with or without prior notice depending on the kind of updates. Xtocast may also limit, suspend, or discontinue our Services at our discretion. If Xtocast discontinues our Services, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from our Services.

Maintenance

Xtocast reserves the right to temporarily suspend access to our Services for any reason it deems necessary, including, but not limited to, maintenance, repairs, or installation of upgrades, and we will, if practicable, provide notice prior to any such suspension.

Our Copyright and Intellectual Property Rights

Our Services are protected by the copyright laws of Ghana and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to these Terms, all ownership, license, intellectual property, and other rights and interests in and to our Services shall remain solely with Xtocast.

Trademarks. The Services and Content, trademarks, service marks, and logos (“Marks”) on our Services, are owned by or licensed to Xtocast, and are subject to trademark and other intellectual property rights under the law.

Intended use only. You may access the www.xtocast.com website for your informational use solely as intended through the provided functionality of our Services and as permitted under these Terms. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of the Xtocast website, its Content, or our Services for any other purposes without the prior written consent of Xtocast.

Dispute Resolution

Both Partners agree to enter into mediation before filing suit against any other Partner for any dispute arising from this agreement. Partners agree to attend one session of mediation before filing suit. If any Partner fails to attend a mediation, or the dispute is not settled after one session of mediation, the Partners are free to file suit. Any lawsuit shall be under the jurisdiction of Ghana.

Dissolution

If any party hereto desires to end this contract, they shall give the other at least two months prior notice to that effect, and on the expiration of the notice period, the contract shall stand dissolved. In the event that either party should become incapacitated, barred from operation, or found unable to fulfill its obligations, this AGREEMENT shall be rendered null and void after all settlements have been made.

Cancellation and Termination

Duration of license and account inactivity. The duration of your license (how long you can use our Services) is set forth on the separate Service agreement. Xtocast may terminate your account and delete any Content contained in or make it inaccessible after 1 month of the service duration elapsed.

Other reasons. Additionally, Xtocast reserves the right to cancel or terminate your use of Services or your account for the following additional reasons:

• If requested by law enforcement, court order, or other judicial process;
• If www.xtocast.com makes a material alteration or modification to Xtocast application/API;
• If an unexpected technical or security issue arises;
• If you engage in fraudulent or illegal activities, whether or not those activities are related to your use of Xtocast; or
• For any reason, if www.xtocast.com, in our sole discretion, believes it to be in Xtocast’s best interest to do so.

Terms for Certain Customers and Countries

The Sites and Services are controlled and operated from within Ghana. Xtocast makes no representation that the Sites and Services will comply with laws of locations outside of Ghana. Those who choose to access the Sites or Services from other locations do so at their own risk and are responsible for compliance with applicable laws.