These Terms and Conditions govern access to and use of the XAM online educational platform ("XAM", "we", "us", or "our"), operated by Xam.com Trading Enterprise CC in the Republic of Namibia.
XAM provides digital educational resources, assessments, revision tools, and learning support services primarily for school learners from Grade 1 through Grade 12.
By accessing the platform, creating an account, subscribing to services, or allowing a learner to use the platform, you agree to these Terms and Conditions.
If you do not agree, please discontinue use of the platform.
XAM is an educational platform designed primarily for school-going learners.
Where a learner account is created or used, a parent, legal guardian, educator, or authorised school representative ("Responsible Adult") is expected to oversee the learner's use of the platform.
By:
(a) registering a learner account,
(b) paying for a subscription, or
(c) permitting a learner to use XAM,
the Responsible Adult represents and warrants that they have the authority to authorise such use and accept responsibility for reasonable supervision of the learner's engagement with the platform.
XAM may rely on this authorisation as valid and is not required to independently verify age, authority, or consent unless required by law.
Users agree to:
(a) provide accurate account information,
(b) maintain the confidentiality of login credentials,
(c) notify XAM promptly of any suspected unauthorised access.
Users must not:
(a) use the platform unlawfully,
(b) attempt unauthorised system access,
(c) share accounts outside intended household/school use,
(d) upload harmful, offensive, or disruptive content,
(e) interfere with platform functionality.
XAM reserves the right to suspend or restrict accounts where necessary to protect platform integrity, other users, or legal compliance.
4.1 Subscription Services
Certain XAM services are offered on a paid subscription basis. Subscription options may include monthly, annual, subject-specific, institutional, promotional, or bundled plans as published on the platform.
4.2 Fees and Billing
All fees are payable in Namibian Dollars (NAD) unless otherwise stated. VAT will be applied where legally required.
By purchasing a subscription, you authorise XAM and its payment partners to process applicable fees according to the selected subscription plan.
Access to subscription services may be suspended if payment is not successfully received.
4.3 Cancellation
Subscriptions may be cancelled at any time. Cancellation stops future renewals but does not terminate access immediately.
Access continues until the end of the paid subscription period unless termination is required for legal, security, or misuse reasons.
4.4 No Refund Policy
All subscription payments are final and non-refundable once access to the platform has been granted.
This includes situations where:
(a) the service is unused,
(b) a learner changes subjects or schools,
(c) circumstances change after purchase,
(d) cancellation occurs during an active billing cycle.
This reflects the nature of digital subscription services where access is provided immediately upon payment.
4.5 Service Availability Remedy (Limited)
If XAM experiences a material and sustained service interruption primarily attributable to our systems (excluding scheduled maintenance, connectivity issues, force majeure events, or third-party failures), XAM may, at its sole discretion:
(a) extend subscription access,
(b) issue a service credit, or
(c) provide a proportionate refund limited strictly to the affected period.
Such remedy constitutes the sole and exclusive remedy for service availability issues.
4.6 Payment Disputes and Chargebacks
Users are encouraged to contact XAM first to resolve billing concerns.
Where payments are reversed, charged back, or disputed without prior engagement, XAM may suspend associated accounts pending resolution.
Nothing in this section limits any mandatory rights under applicable law.
All platform content, including educational materials, question banks, analytics tools, software, graphics, branding, and system design, remains the property of XAM or its licensors.
Users may not:
(a) reproduce or distribute content commercially,
(b) scrape, reverse engineer, or extract data,
(c) share paid access outside intended use.
Content is provided for personal educational use only.
XAM provides educational support tools intended to assist learning.
We do not guarantee:
(a) academic performance improvements,
(b) examination success,
(c) acceptance into educational institutions.
While reasonable care is taken to maintain accuracy and relevance, educational content may evolve over time.
To the fullest extent permitted under Namibian law, XAM shall not be liable for:
(a) academic outcomes,
(b) indirect or consequential losses,
(c) temporary service interruptions beyond reasonable control,
(d) loss arising from misuse of the platform.
Nothing excludes liability where such exclusion is unlawful.
Personal information is processed in accordance with the XAM Privacy Policy available on this website.
XAM is committed to responsible handling of learner and parent data, particularly in educational contexts.
XAM strives to maintain reliable platform availability but does not guarantee uninterrupted access.
Service interruptions may occur due to:
(a) maintenance,
(b) connectivity issues,
(c) technical upgrades,
(d) external service dependencies.
Reasonable efforts will be made to minimise disruption.
XAM may suspend or terminate access where:
(a) these Terms are breached,
(b) payment obligations are not met,
(c) misuse or security risks arise,
(d) legal compliance requires action.
Where practical, reasonable notice will be provided.
These Terms are governed by the laws of the Republic of Namibia.
Any disputes arising from platform use shall be subject to Namibian jurisdiction.
XAM may update these Terms from time to time to reflect:
(a) platform development,
(b) legal requirements,
(c) service changes.
Continued use after updates constitutes acceptance of revised Terms.