Terms and Conditions

Code 1.1About these Terms#

These Terms and Conditions (the Terms) apply to your use of the theXMC websites at thexmc.org and thexmc.com (the Sites), which are run by XMC (we, us, our). XMC is a teen-led organisation based in Hong Kong, with action in the United Kingdom. [Legal entity, registered address and registration number to be added.] By using the Sites or creating an account, you agree to these Terms.

Code 1.2Definitions#

Account means the profile you create with a username, email address and password. Member means a person whose Account has been approved. Dashboard means the members' area at thexmc.org. Ticket means a support, contact or application request sent through the Dashboard. Content means anything you write or upload. Services means the Sites, the Dashboard and the ticket system.

Code 1.3Who can use the Sites#

You must be 13 or older to create an Account. If you are under 18, please make sure a parent or guardian knows you are using the Services. Some activities, including applying for a position, may need you to be older or to have a parent or guardian's consent. We will say so where this applies.

Code 1.4Accounts and registration#

You register with your own email address, a username and a password. Each person may hold one Account, and one email address can only be used for one Account. You must give true information and confirm your email address if we ask you to.

You are responsible for keeping your password private and for everything done through your Account. Tell us straight away at official@thexmc.com if you think someone else has used it.

Code 1.5Approval of Accounts#

New Accounts must be approved by us before they can use the Dashboard. We may approve, reject or remove an Account at our discretion, for example to protect our community or to stop duplicate or false Accounts. We do not have to give a reason.

Code 1.6Access levels#

Some parts of XMC may be open only to people with a certain access level. Being a Member does not give you any access level by itself. Access is decided by XMC, can be changed or withdrawn, and is explained in the documents or notices that apply to it.

Code 1.7Support tickets and applications#

Members can open Tickets to ask for help, to contact us, or to apply for a position. We will reply in the Ticket, and may also reply by email. An application is not an offer of a position, and we may keep it for as long as we explain in the Privacy Notice (Document 2).

Code 1.8Acceptable use#

You must not use the Services unlawfully or in a way that harms others or the Services. In particular, you must not harass, threaten or impersonate anyone; send spam; upload malicious code; try to access another person's Account or any part of the Services you have not been given access to; or collect other people's personal data.

Unauthorised access to computers is a criminal offence under the Computer Misuse Act 1990 (UK), section 161 of the Crimes Ordinance (Cap. 200) and section 27A of the Telecommunications Ordinance (Cap. 106) (Hong Kong). We may report serious misuse to the authorities.

Code 1.9Your content#

You keep ownership of your Content. You give us a non-exclusive licence to store, view and use it only to run the Services, such as answering your Ticket. You promise that you have the right to share it and that it is not unlawful, obscene, defamatory or abusive. Material of that kind is also restricted by the Online Safety Act 2023 (UK) and the Control of Obscene and Indecent Articles Ordinance (Cap. 390) (Hong Kong).

Code 1.10Our content and brand#

The Sites, their design, text, images and the names XMC, theXMC, XtremeMC and our other marks belong to XMC or its partners. They are protected by the Copyright, Designs and Patents Act 1988 (UK) and the Copyright Ordinance (Cap. 528) (Hong Kong). You may link to the Sites. You must not copy our content or use our names to suggest that you speak for XMC without our written permission.

Code 1.11Third-party platforms and links#

Our community runs on Discord and Telegram, and the Sites run on Cloudflare. Those services have their own terms and privacy policies, and we are not responsible for them. Links to other sites are for your convenience only.

Code 1.12Availability and changes#

The Sites are a preview edition. We may change, suspend or replace any part of the Services at any time, including changing domains. We do not promise that the Services will always be available or error-free.

Code 1.13Suspension and ending your Account#

We may suspend or remove an Account that breaks these Terms or puts others at risk. You can ask us to delete your Account at any time by opening a Ticket or emailing official@thexmc.com. Codes that are meant to continue after an Account ends, such as Codes 1.10 and 1.14, will continue.

Code 1.14Liability#

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited or excluded by law. Subject to that, the Services are provided free of charge and as they are, and we are not liable for indirect or consequential loss. If you are a consumer, your statutory rights, including under the Consumer Rights Act 2015 and the Unfair Contract Terms Act 1977 (UK), and the Control of Exemption Clauses Ordinance (Cap. 71) (Hong Kong), are not affected.

Code 1.15Privacy#

How we collect and use your personal data is explained in the Privacy Notice (Document 2), which forms part of these Terms.

Code 1.16Laws we refer to#

United Kingdom: UK GDPR and the Data Protection Act 2018; Privacy and Electronic Communications Regulations 2003; Computer Misuse Act 1990; Copyright, Designs and Patents Act 1988; Online Safety Act 2023; Consumer Rights Act 2015; Unfair Contract Terms Act 1977; Equality Act 2010; Protection from Harassment Act 1997; Defamation Act 2013.

Hong Kong: Personal Data (Privacy) Ordinance (Cap. 486); Copyright Ordinance (Cap. 528); Crimes Ordinance (Cap. 200); Telecommunications Ordinance (Cap. 106); Electronic Transactions Ordinance (Cap. 553); Unsolicited Electronic Messages Ordinance (Cap. 593); Control of Obscene and Indecent Articles Ordinance (Cap. 390); Defamation Ordinance (Cap. 21); Control of Exemption Clauses Ordinance (Cap. 71).

These references are for information. Which law applies to you depends on where you live and where you use the Services. Laws change, so please check the current text.

Code 1.17Governing law and disputes#

[Governing law and the courts that can hear disputes are to be confirmed by a legal adviser before the full launch.] Until then, nothing in these Terms removes any right you have under the mandatory law of the place where you live. We would like to resolve any problem with you first, so please contact us before taking any other step.

Code 1.18Changes to these Terms#

We may update these Terms. The version and date at the top show when they last changed. If we make a big change, we will tell Members. Using the Services after a change means you accept the new version.

Code 1.19Contact#

Questions about these Terms: email official@thexmc.com, or open a Ticket in your Dashboard.