Terms of Service
These Terms govern your use in the Exnear platform, including apps, services, technologies, and software we offer, unless we expressly state that separate terms (and not these) will apply.
The Exnear platform (website or application) is operated by the website owners, and we refer to ourselves in these terms as "Exnear", "we", "us", or "our".
1. Our services
Allow you to exchange your currencies
Exnear is a platform where people can exchange currencies from others in nearby places. Users can post ads about currencies they wish to exchange (buy or sell) and where they want to exchange it, while everyone can search and find ads about the currencies they need.
Bring the exchanges to you
In Exnear we give you the option to post ads in your vicinity, so when a nearby user found an interest about one of your ads, you don't need to go anywhere, you just meet in your places, or places nearby, and by that we save you time, resources, and money.
Allow you to exchange in places you know
We always recommend to make your exchange meetings in public places, where there's a great movement of people, or there are surveillance cameras around. Exchange meetings in places you know have a great advantage. When you know a place, you may know the people in the area, and when you know the people you exchange with, you get a safe, reliable, and secure exchanges with the people you can trust on.
In Exnear you can search for ads in places you know, or create an ad and enter places you know to exchange in.
Combat harmful conduct and protect our users
People will exchange their currencies only if they feel safe. In addition to our recommendation to make exchange meetings in places you know, so that you'll communicate with people you're more likely to know and trust, we also develop technical systems to detect misuse of our services, harmful conduct towards others, and fight scammers and imposters. If we find conduct like this, we'll take the appropriate action, for instance, we may offer help, remove content, disable an account, block access, or contact law enforcement.
Research ways to improve our services
We do research to improve our services. For instance, by analyzing the data we have and understanding how people use our services, we can improve them.
2. Who may use our services
1. You may use our services only if you agree to our policies, including our Terms of Service.
2. You must be at least 18 years old in order to use our services.
3. You cannot use our services if we previously disabled your account for violations of our terms or policies.
4. You cannot use our services if you are prohibited from receiving our services or software under applicable laws.
By using our services, you represent and warrant that you have the right, authority and capacity to abide by our terms and policies.
3. Your commitments to us and our users
Provide proper information
1. You agree to provide accurate information about yourself and the content you create, and you represent and warrant that you own or control all of the rights to the content you provide.
2. You agree to create only one account (your own).
3. You agree not to enter any content that is obscene, pornographic, indecent, vulgar, racist, or profane.
Use properly and reliably
4. You agree not to misrepresent your identity, or impersonate to any person or body, and not to commit fraud, criminal or illegal acts.
5. You agree not to access or collect data from our services using automated means (without our prior permission) or attempt to access data you do not have permission to access.
6. You agree not to copy, distribute, reproduce, or create derivative works of any content on the website or application, without our prior permission.
7. You agree not to alter, modify, decompile, reverse engineer, disassemble, or attempt to derive source code from our website or application.
8. You agree not to upload viruses or malicious code, or do anything that could disable, overburden, or impair the proper working or appearance of our services.
9. You are responsible for maintaining your password. You agree not to share your password, give access to your Exnear account to others, or transfer your account to anyone else, without our permission.
10. You take the responsibility to verify the identity of the users you exchange with, and you should only make the exchanges if you are totally positive about their identity. We suggest running a search on them, or looking into their social network profiles.
Give us permissions
11. You give us permission to use content you create and share. You own the content you create and share on Exnear, and nothing in these Terms takes away the rights you have to your own content. But, in order to provide our services, we need you to give us some legal permissions to use that content. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy). This means, for instance, that if you share a photo on Exnear, you give us permission to store, copy, and share it with others.
12. You give us permission to use your name and profile photo and information about actions you have taken on Exnear, for instance, when you send a message to someone about an ad, we show your name and profile photo.
13. You give us permission to send emails to the email address you provide, regarding any updates or events associated with your account, messages you receive from other users about your ads, certain offers, new features, and ads (consistent with your settings). We give you the option to stop receiving such emails, though, it may decrease the quality of the services we provide to you, or even to the cessation of them entirely.
14. You give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
Exchange currencies properly
15. You exchange your currencies directly with other users, via telecommunications methods we provide, such as phone number or email, and you agree not to involve us in such events. We are not responsible for the process or making of the exchange.
16. You agree not to use our services for any money laundering, passing of forged currencies, or for any other unlawful purposes.
17. You agree to exchange currencies lawfully, in accordance with the laws of the country in which you reside or are located at the time of the exchange.
18. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4. Our data policy and your privacy
In order to provide our services, we must collect and use your personal data. We explain about our use in your data in the Data Policy, which you must agree to in order to use our services.
Also, we encourage you to review the privacy choices you have in your settings.
5. Additional provisions
1. Currency Exchange
Exnear is only the platform that mediates between people, based on ads, allowing them to contact with each other, and the exchange of currencies is done between them. We do not take part in any exchange between people, we are not responsible for the exchange rate during the exchange, and we do not collect, take or handle any money transferred by one to the other.
2. Updates to our Terms
We may need to update our Terms from time to time, as we work constantly to improve our services and develop new features.
We will notify you when we make changes to our Terms, and give you the opportunity to review the revised Terms before you choose to continue using our services. Changes are effective immediately after they are posted on this page.
We hope that you will continue using our services, but if you do not agree to our updated Terms and no longer want to be a part of the Exnear platform, you can delete your account at any time.
3. Disclaimers and Limitations of Liability
We work hard as much as we can to provide the best services to our users. Our services, however, are provided "AS IS" and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they create (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Exnear services, even if we have been advised of the possibility of such damages.
4. Account suspension or termination
We want Exnear to be a safe place. If we determine that you have violated our terms or policies, we may take action against your account without prior notice to protect our platform and services, for instance, we may suspend access to your account or disable it.
We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law.
We try to provide clear rules so that we can avoid disputes between you and us. If a dispute does arise, however, it's useful to know in advance where it can be resolved and what laws will apply.
These Terms of Service and your use of our services (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the Israeli law, without regard to choice or conflicts of law principles. You agree to the jurisdiction of the courts in Tel Aviv to resolve any dispute, claim, or controversy that arises in connection with our policies, including our Terms of Service.
1. These Terms make up the entire agreement between you and Exnear regarding your use of our services, and they supersede any prior agreements.
2. We may link to other sites operated by third parties (for reference and convenience only). We are not responsible for the contents of any off-site pages. Your linking to any other off-site pages or other sites is at your own risk, and you are subject to the policies and terms of those sites.
3. If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
4. These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. We always appreciate your feedback and other suggestions about our services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
6. We reserve all rights not expressly granted to you.
6. If your rights or privacy have been violated
Your rights and privacy are important to us. In any situation you feel that your rights or privacy have been violated by any user, please contact us so that we can resolve your issues.
Date of Last Revision: July 15, 2018