Terms of Use

Last Revised: 29 November 2017


 

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE

Thank you for visiting our website. We are engaged in the business of providing digital assets trading services. These terms of use (together with the documents referred to in them) (singularly and collectively the “Terms of Use”) are the terms on which you may make use of our website which is available at www.globaldcx.com (“Website”) as a User (defined hereinafter).

In these Terms of Use, the terms “We”, “Our”, “Company” and “Us” refers to Global DCX India Private Limited, a private company limited by shares incorporated under the (Indian) Companies Act, 2013, which has its registered office at R-514, Lower Ground Floor, New Rajendra Nagar, New Delhi – 110060, and its parent company(ies), subsidiaries and affiliates. Further, the terms “User”, “You” and “Your” refer to a User of our Website and Services (defined hereinafter).

By using the Website, it shall be deemed that you have accepted these Terms of Use, and expressly consent to be bound by and comply with them. If you do not agree with any of the terms and conditions contained herein (as restated and amended from time to time), you must stop using the Website and/or the Services immediately.

 

Policy Changes

You understand that we periodically change and update all our policies, including these Terms of Use. Such changes may be made without prior notice to you, and you consent to any such changes. However, any changes we make will only be applicable to activities and information on a going forward, not retroactive basis.

We will signal you of changes by updating the “Last Revised” field at the top of this document with the date of the most recent revision. You expressly consent to be bound by such revisions from the date the field is updated. It is important therefore that you review these Terms of Use on a regular basis to ensure that you are familiar with them and/or any changes made to them, and immediately contact us in writing to close your account if you disagree with any such change.

 

Other Applicable Terms

These Terms of Use refer to, incorporate, and include the terms contained in: (A) the Privacy Policy (hereafter defined); and (B) the AML & KYC Policy (hereafter defined), which apply to your use of the Website in addition to the terms and conditions stipulated in this document. You are compulsorily bound to comply with these policies as in force from time to time. Both policies are defined (with hyperlinks) under Definitions below.

 

Scope of our Services

The Company operates an electronic web interface which provides access to an online digital assets exchange through which any individual or legal entity upon registration (“User(s)”) can either: (i) Transact by way of exchanging one form of Digital Assets for another form; (ii) Transact by purchasing Digital Assets for Fiat Funds; (iii) Transact by selling Digital Assets for Fiat Funds, or (iv) use our Storage Services to keep Digital Assets purchased and owned by it (collectively the "Services").

 

Definitions

Account” means the account of a User for using the Services provided through the Website;

AML & KYC Policy” refers to our anti-money laundering and know your customer policy, which sets out our procedures regarding prevention of money-laundering and related illegal activities. The is available at www.globaldcx.com;

“Content” means any information, text, graphics, or other materials uploaded by the Company or the Users, which appears on or can be accessed through the Website;

Digital Asset” means a digital asset (also called a “cryptocurrency,” “virtual currency,” “digital currency,” or “digital commodity”), which is based on the cryptographic protocol of a computer network that may be (i) centralized or decentralized, (ii) closed or open-source, and (iii) used as a medium of exchange and/or store of value;

Fiat Funds” refers to a denominated national fiat currency balance maintained in a User’s Account;

KYC Information” refers to the information set out under the clause titled “Customer Due Diligence/Know Your Customer” of our AML & KYC Policy;

Linked Bank Account” refers to any bank account with a scheduled commercial bank which is owned and operated by the User, whose details were provided by the User during the Account registration;

“Privacy Policy” refers to our policies and procedures regarding the use of any information we collect from you. The is available at www.globaldcx.com;

Sanctions Lists” has the meaning given to it under the AML & KYC Policy;

Storage Service” refers to storage services provided by third-party service providers integrated on the Website for interim storage of Digital Assets for Transacting on the Website;

Transaction” (including, with its correlative meanings, the terms “Transacting” or “Transact”) means (i) transfer of Digital Assets or Fiat Funds by the User to his/her Account; (ii) transfer of Digital Assets or Fiat Funds among the Users, and/or (iii) withdrawal of Digital Assets or Fiat Funds from a User’s Account.

Website” or “Online Platform” means www.globaldcx.com as well as any subdomains, derivatives or localized websites containing Global DCX branding.

 

Your Consent to Changes

The Company may at any time and without any prior notice to you modify these Terms, including without limitation, the Services, the functionalities or features, and/or the usage limits for any of the Services. In case we make any changes, we will revise these Terms of Use by amending the “Last Revised” date at the top of this page.

By Transacting or continuing to use the Services after any such changes, you understand and agree that you will be deemed to be bound by them, so long as we have alerted you to this fact by amending the “Last Revised” date above. Therefore, we request you to check this page frequently to take notice of any changes made.

 

Registering as a User

We provide general information on our Website, which can be accessed without registering as a User, however in order to use any of the Services, you will be first required to create an Account. You must not create more than 1 (one) Account. We follow a multi-step process before permitting any Transactions on our Website (as detailed in our AML & KYC Policy):

  • Creation of an Account for your use of our Website, which requires you to provide the entailing Account Information. The term “Account Information” refers to a password and such information which may be provided by you as part of our registration procedure. The account information must be treated as confidential and should not be disclosed to any third party. Any such access by a third party shall be treated as unauthorised access. You understand that any access to the Website through your Account shall be considered as access by you, and you shall be solely responsible for any activity carried out in, by or through your Account either on the Website or any other website accessed by you through the Website.
  • Submission of KYC Information in order to enable your access to the Services in accordance with our AML & KYC Policy (available at www.globaldcx.com). We may independently verify such information or require you to provide additional information.

When you create an Account, a unique cryptographic private and public key pair may be generated. The public key generated by the Website serves as your Account address, and is stored along with your other Account Information on the Website. The private and public key pair that is generated may be used to authorize Transactions and in order to identify you. You must safe keep the private key, and you understand that we have no access to your private key and may not, under any circumstance, initiate a transaction using your private key on your behalf. You are also responsible for safeguarding the password that you use as a part of your Account Information to access the Services and for any activities or actions under your Account. We encourage you to use “strong” passwords preferably using a combination of upper and lower case letters, numbers and symbols with your Account. The Company will not be liable for any loss or damage arising from your failure to comply with this instruction. You acknowledge that you will irreversibly lose your Digital Assets if you delete your private key or Account.

Additionally, you are also responsible for creation and maintenance of any Content uploaded from your Account. If you know or suspect that anyone other than you knows or has unauthorized access to your Account Information or any part of it, you must promptly notify us by sending us an e-mail at compliance@globaldcx.com. We are not liable for any losses or other consequences of unauthorized use of your account.

 

User Representations

You represent and warrant on the date of registration as a User, and on the date of each Transaction that:

  • You are competent to contract i.e. (i) in case of individual Users, s/he is over 18 (eighteen) years of age; or (ii) in case of business Users, s/he has full power and authority to enter into and/or bind the legal entity s/he represents to these Terms of Use and register as a User, in accordance with the laws of India;
  • any information provided by you (including without limitation, KYC Information and Account Information) is complete, accurate, and not misleading in any respect;
  • you are acting for yourself (in case of business users, for such entity alone) and not for any other person; and have not relied upon any other person including us while Transacting;
  • your name is not included in any Sanctions Lists, and/or your registration has not been suspended or terminated by us for any reason whatsoever;
  • you are in compliance with these Terms of Use and with all laws, rules and regulations applicable to you.

Transactions On Our Website

Upon successful verification of the KYC Documents pursuant to registering as a User, you are permitted to make Transactions on the Website from the balance in your Account. For initiating a Transaction, you are required to execute an electronic request through our Website. Please ensure that you have credited to your Account such amount of Fiat Funds or such number of Digital Assets, as are equivalent to the value of the Transaction you intend to execute. We reserve the right to refuse Transactions or partly execute any Transaction initiated by you, if your Account has insufficient balance. You understand that we shall not be responsible for any delay in executing Transactions due to the late arrival or insufficient balances.

Once a Transaction has been initiated by you by making an electronic request (“Submission”), it must get ‘matched’ with another User(s) according to the Website’s algorithm for successful execution (“Execution”). The relevant asset must then be transferred between the parties to the Transaction (“Completion”). You are not permitted to cancel or modify any Transactions after Submission. However, we reserve the right to cancel any Transaction prior to Completion.

The blockchain of each Digital Asset is independently operated by a decentralised network and is solely responsible for verifying, confirming, and automatically completing any Transactions successfully executed through our Website. As a result, all Transactions are irrevocable and binding on you, and you acknowledge and agree that transactions are outside of our control once on the Blockchain network.

You can view all Transactions executed by you through our Website by accessing your Account. We also record the details of all Transactions executed on behalf of our Users including the tracking numbers of all Digital Assets provided to a User.

 

Pre-Arranged Transaction

You may not initiate a Transaction which has been prearranged prior to being placed on our Website except with our prior consent and in accordance with the procedure prescribed on our Website. You acknowledge that any such facility of initiating pre-arranged Transactions shall not be used for the purpose of creating an artificial price, fictitious trade, or other disruptive, fraudulent, non-competitive, or unfair impact on the market. When you initiate such a pre-arrange Transaction request through our Website, you authorize us to submit your Transaction request to the Digital Asset network in accordance with the instructions you provide via the Services.

Prior to making any request for such pre-arranged Transactions, you must have credited Fiat Funds or Digital Assets to your Account, and must maintain such balances as may be necessary to carry out the Transaction. We shall not permit any Transaction to be placed until cleared funds have been received, and will not accept responsibility for a delay in onward payment due to the late arrival of such funds.

 

Deposit and Withdrawals

Deposits and Withdrawals of your Fiat Funds

In case you wish to acquire Digital Assets solely using Fiat Funds, you will be first required to transfer Fiat Funds from your Linked Bank Account to your Account in order to purchase any Digital Assets. Your Account balance will be updated to electronically reflect the transfers made to it, subject to being confirmed by us, and any delays in the relevant banking channels. You expressly agree and acknowledge that banks have cut-off times, after which they will not accept same-day payment instructions. You are solely responsible for making yourself aware of, and where necessary comply with, any applicable cut off times.

You may withdraw the Fiat Funds held in your Account, by making a formal request to transfer such Funds into your Linked Bank Account. Such requests can be initiated through the Website at any time. We will endeavour to settle each Withdrawal Request with all due haste, subject to any delays in the relevant banking channels.

 

Deposits and Withdrawals of your Digital Assets

Where you wish to credit your Account with Digital Assets, you may transfer such number of Digital Assets from your third-party wallet to your Account, by following the procedure prescribed. However, you are not permitted to transfer, store or receive in your Account any Digital Assets which are not supported by our Website. Digital Assets successfully credited to your Account pursuant to such transfers will be electronically reflected as your Account balance will be updated to show any credits.

You are permitted to withdraw any Digital Assets held in your Account at any time, provided such Digital Assets can only be transferred to another digital asset wallet (“External Wallet”). You may be required to verify that you own and operate the External Wallet before your withdrawal request is accepted. You acknowledge that the Company shall not be liable for any losses suffered by you in connection with your attempt to transfer, store or receive Digital Assets in contravention of this Clause. You acknowledge that the Storage Services provided on the Website for this purpose are for the convenience of Users and is not meant for long-term storage of Digital Assets. Storage Services are provided by a third-party service provider and we disclaim any liability arising out of any loss or damage to Digital Assets or otherwise in the course of use the Storage Services.

 

End-Use

You acknowledge that Fiat Funds held in your Account can only be used to Transact in Digital Assets through the Website. Further, any sale proceeds obtained pursuant to any Transactions are also credited into your Account. You are not entitled to any interest on the Fiat Funds held in your Account.

Erroneous and Disruptive Transactions

You acknowledge that you shall not engage in any trading, practice, or conduct any Transaction on our Website that demonstrates intentional, negligent or reckless disregard for the orderly Execution of Transactions. We reserve the right to cancel any electronic request made on our Website, or the remaining portion of any Transaction, if we believe that (including without limitation):

  • any such Transaction has the potential to move the market price by more than 20 % (twenty percent) in either direction, as compared to the prior prevailing market price, or is otherwise clearly disruptive to an orderly market or erroneous;
  • there is any disruption or malfunction in the operation of any electronic communications, trading facilities, storage facilities, recording mechanisms, or other components of our network or integral to another Digital Asset blockchain;
  • there is any other significant business disruption to our network or another Digital Asset blockchain, or we believe that the nullification of any Transaction may be necessary for the maintenance of a fair and orderly market and/or the protection of you and/or the public interest.

You agree that any Transactions placed on the Website are for the purpose of executing bona fide transactions. You shall not place or cause to be placed a Transaction with the intent, at the time of entry, to cancel the Transaction before Execution or to modify the Transaction to avoid Execution.

 

Unsolicited Transfers

In the event that an unidentified third party without being directed or approved to do so by us, transfers, sends, contributes, or donates Digital Assets to an Account of any User of our Website, we will account for such Digital Assets as property of the receiving User. Such Transfers do not create a customer relationship between the sender and us and do not subject us to any obligations as it relates to the sender. However, we do not permit you to transfer, send, contribute, or donate Digital Assets to any Digital Asset address of a person who is not a User of our Website.

 

Fees

Creation of an Account on the Website and usage of the Website is chargeable, and Trading on the Website is subject to payment of a fee on each Transaction which is successfully Executed (“Transaction Fee”). This fee and any other applicable fees will be communicated to you prior to Submission of each Transaction, and will be subject to your express or implied acknowledgement before the transaction can proceed.

 

Taxation

You acknowledge that you are solely responsible for payment of any taxes that may arise in connection with your use of Services, and the same should be paid according the regulations applicable to your state of residence. You acknowledge that we are not responsible for any violation made by you due to your obligations regarding payment of any taxes and/or duties. You understand that certain taxes may be applicable upon the trading of Digital Assets, and you would be required to determine your tax liability under the Applicable Laws.

 

RISKS

TRADING IN DIGITAL ASSETS HAS A CERTAIN LEVEL OF RISK, AND CONSIDERABLE LOSS MAY BE SUSTAINED/ INCURRED WHILE TRADING IN DIGITAL ASSETS. HENCE, YOU ARE ADVISED TO DETERMINE YOUR FINANCIAL CIRCUMSTANCES AND RISK TOLERANCE BEFORE TRADING. ADDITIONALLY, WE REQUEST YOU TO CAREFULLY CONSIDER THE FOLLOWING RISKS:

  • DIGITAL ASSETS ARE CURRENTLY UNREGULATED, AND TRADING, HOLDING AND TRANSFERRING ANY DIGITAL ASSET MAY BE DEEMED ILLEGAL IN INDIA IN THE FUTURE. THUS, YOU ARE ENCOURAGED TO OBTAIN APPROPRIATE LEGAL COUNSEL REGARDING THE SAME BEFORE USING THE WEBSITE;
  • THE VALUE OF ANY DIGITAL ASSET IS VERY VOLATILE, AND YOU MAY SUSTAIN A TOTAL LOSS OF YOUR INVESTMENT. FURTHER, YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE THAT THE VALUE OF DIGITAL ASSETS HELD BY YOU IN YOUR ACCOUNT. HOWEVER, YOU MAY PROTECT THE VALUE OF YOUR DIGITAL ASSETS BY EXCHANGING YOUR DIGITAL ASSETS FOR FIAT FUNDS;
  • THE MARKET OF DIGITAL ASSETS BEING IN A NASCENT STAGE, YOU MAY FACE DIFFICULTIES OR IMPOSSIBILITY IN LIQUIDATING YOUR POSITION DURING A MARKET DISRUPTION, A FORCE MAJEURE EVENT, OR UNDER CERTAIN MARKET CONDITIONS.
  • DIGITAL ASSETS ARE NOT BACKED BY A CENTRAL BANK OR ANY OTHER FINANCIAL REGULATOR OF ANY COUNTRY AND AS SUCH THERE IS NO THIRD PARTY THAT MAY TAKE ANY CORRECTIVE ACTION UPON THE OCCURRENCE OF A GLOBAL/REGIONAL CRISIS;
  • SINCE DIGITAL ASSETS ARE HELD ONLINE, THEY ARE SUSCEPTIBLE TO SECURITY BREACHES, ONLINE ATTACKS, AND GOVERNMENT CRACKDOWNS. SUCH EVENTS MAY END UP COMPROMISING THE INTEGRITY OR ANONYMITY OF THE SYSTEM THAT PRODUCES SUCH DIGITAL ASSETS;

THE ABOVE-MENTIONED LIST IS NOT EXHAUSTIVE AND MANY MORE RISKS CAN BE ATTACHED WITH THE TRADE IN DIGITAL ASSETS. YOU ACKNOWLEDGE THE RISKY NATURE OF SUCH TRANSACTIONS AND THAT THERE MAY BE ADDITIONAL RISKS NOT LISTED OR FORESEEN BY THE COMPANY.

BY CREATING AN ACCOUNT YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY ASSESSED YOUR FINANCIAL STANDING AND RISK TOLERANCE, AND YOU CONFIRM THAT THE SAME IS SUITABLE FOR UNDERTAKING TRADE IN DIGITAL ASSETS. BY REGISTERING ON THE WEBSITE, YOU AGREE THAT YOU HAVE CAREFULLY ASSESSED YOUR RISK TOLERANCE AND YOU CONFIRM THAT YOUR FINANCIAL STANDING IS SUITABLE FOR UNDERTAKING TRADE IN DIGITAL ASSETS.

 

No Reliance on Information

We do not provide any investment or financial advice; however we may through our Website provide information regarding the practical aspects of making a Transaction and/or dealing in Digital Assets. The Content of the Website may include text, copy, audio, video, photographs, illustrations, graphics and other visuals. Such Content on our Website is given solely for informational purposes only and does not constitute professional or specialized investment advice, tips, guidelines, or recommendations of any kind. You acknowledge and agree that you Transact on our Website without reliance on any such Content and we shall not bear any liability for any loss or injury that may arise due to your reliance on any such Content. You are requested to carefully review or obtain the advice of a specialist before taking or refraining from any action on the basis of the Content provided on our Website. Some of the Content displayed is not ours, such Content is the sole responsibility of the person/entity who makes such Content available to the User. However, we have discretion to review any Content to determine whether it is illegal or violates any of our policies. Furthermore, we may remove or delete or refuse to display Content that we reasonably believe violates our policies or is illegal.

 

User Acknowledgements

You understand and acknowledge that these Terms of Use govern your behaviour on the Website and set forth your obligations as a User of the Services. You expressly acknowledge the following:

  • You acknowledge that any Fiat Funds transferred to us will be held with those of other Users in a separate bank account which is held with a scheduled commercial bank. No interest shall be payable on any such funds.
  • You shall comply with all the obligations set forth in these Terms, including without limitation the Privacy Policy and AML & KYC Policy.
  • You will use the Services rendered by our Company for lawful purposes only and comply with these Terms of Use and all applicable laws, statutes, by-laws, acts of legislature or parliament, rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any  governmental authority, including without limitation the Prevention of Money Laundering Act 2002, the Unlawful Activities (Prevention) Act 1967; and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Website.
  • You shall provide us with only such information (including without limitation KYC Information and/or Account Information) that is true and accurate
  • As the price of Digital Assets are very volatile and subject to fluctuation, you acknowledge that the actual market rate at which an order and/or Transaction is executed may vary.
  • The Company may be required to suspend trading in cases of a force majeure event. You acknowledge that: (i) your access to the Services and/or your Account during such periods may be limited or restricted; and (ii) the market conditions may differ significantly, following the completion of such force majeure events.
  • We do not and cannot control the underlying technology which governs the mining, creation, sale of any Digital Assets. You acknowledge the Company does not exercise any control over the market price or circulation or volatility of the Digital Assets and that the contract for sale of any of the Digital Assets shall be a strictly bipartite contract between the Users.

 

Intellectual Property Rights

Unless otherwise specified, the Content on the Website is the property of the Company and is protected under copyright, trademark and other applicable laws. The trademarks, service marks, logos and any other marks of the Company and others used on the Website (“Trademarks”) are the property of the Company and their respective owners;

You shall not reverse engineer or disassemble any part of the Website for any reason whatsoever. Any action resembling this shall amount to a material breach of these Terms of Use and may result in the Company terminating the defaulting Account. The Website may in places include third party intellectual property which may include the software used for creating or distributing Digital Assets on our Website. We do not own any rights to such third party intellectual property and are bound by the license terms for such intellectual property and by virtue of these Terms, you shall also be bound by the said license terms.

Various websites show content on our Website however, we have no responsibility for the content of these linked websites. These links or content should not be assumed to be endorsements by us. Furthermore, we will not be liable for any loss or damage that may be caused or arise from the use of the linked websites.

Although the information on our Website are continuously updated, we make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete, or up-to-date.

 

DISCLAIMER OF WARRANTIES

THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICES AND THE WEBSITE IS AT SUCH USER’S SOLE RISK. THE SERVICES PROVIDED ON OUR WEBSITE ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE TRY TO MAKE THE BEST EFFORTS TO PROVIDE HIGH QUALITY SERVICES TO ALL OUR USERS BUT WE EXPRESSLY DISCLAIM AND WAIVE ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR THE CONTENTS OF THE WEBSITE. THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THUS, WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON OUR WEBSITE. ALL TRANSACTIONS MADE ON THE WEBSITE MAY BE MANAGED IN AN ANONYMOUS MANNER SO THAT BUYERS AND SELLERS ARE NOT ACQUAINTED WITH EACH OTHER. THE PRICE FOR EACH TRANSACTION IS CALCULATED ON THE BASIS OF ACTUAL MATCHED TRANSACTIONS MADE BY USERS PARTICIPATING IN THE BIDDING PROCESS ON THE WEBSITE PLUS APPLICABLE TRANSACTION FEES.

WE ARE NOT RESPONSIBLE FOR THE CONTENT UPLOADED BY YOU ON THE WEBSITE. WE WILL NOT BE HELD RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSSES CAUSED TO YOU, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR DAMAGES, AND/OR OTHER LOSS RESULTING FROM THE RELIANCE OF ANY INFORMATION AVAILABLE ON THE WEBSITE. YOU ARE SOLELY RESPONSIBILE TO EVALUATE THE ACCURACY, RELIABILITY, COMPLETENESS AND USEFULNESS OF CONTENT AVAILABLE ON THE WEBSITE AND IS USED BY YOU.

THERE IS NO WARRANTY THAT THE SERVICES AND/OR THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, ACCURATE OR RELIABLE; NOR DO WE MAKE ANY WARRANTY AS TO THE PERMANENT AVAILABILITY OF ANY INFORMATION AND/OR THAT MAY BE STORED OR TRANSFERRED THROUGH THE SERVICES OR THE WEBSITE OFFERED BY US.

IN THE SITUATION THAT THERE IS A DEFECT IN ANY SOFTWARE OR OTHER TOOLS BEING USED ON OUR WEBSITE WE DO NOT MAKE ANY WARRANTY THAT DEFECTS IN SUCH SOFTWARE WILL BE CORRECTED OR REPAIRED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF SUCH MATERIAL OR DATA. IN CASE YOU STORE OR TRANSFER ANY INFORMATION AND/OR DATA THROUGH THE SERVICES OR THE WEBSITE, YOU ARE STRONGLY ADVISED TO MAKE DUPLICATE COPIES AS YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS THAT MAY OCCUR.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICES OR THE WEBSITE SHALL CREATE ANY WARRANTY UNLESS EXPRESSLY MADE HEREIN.

 

Viruses

You will be responsible for introduction of any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to our Website. You must not attempt or try to attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. By breaching the provision of this Clause, you would be committing a criminal offence under the Information Technology Act, 2000. It is our duty to report any such breach to the relevant and appropriate law enforcement authorities and we will co-operate with those authorities by disclosing your identity and other necessary information to them. In the event of such a breach, your right to use the Website will stop immediately.

We are also not and will not be liable for any loss or damage caused by a virus, DOS attack, DDOS attack, or other technologically harmful material or attacks that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or your downloading of any Content on it, or on any website linked to it. You should own and use your own virus protection. We cannot and do not guarantee or warrant that files available for downloading from the Website will be free of infection by viruses, worms, trojan horses or other code that manifest contaminating or destructive properties which may harm the computer.

 

Limitation of our liability

To the extent allowed under the Applicable Law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any Content on it including any information or the Website itself or Services, whether express or implied.

Our aggregate liability to any User of the Website in no event shall exceed or go above the fees paid to us by such User during the 3 (three) months immediately preceding the date of claim for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, including those arising under or in connection with:

  • its use of, or inability to use, the Services or the delays in transmission or operation of the Website;
  • its use of or reliance on any Content and/or information displayed on the Website; or
  • any errors, mistakes, omissions, or deletion of files.

whether or not resulting from any communication failure, theft, unauthorised access or  force majeure event.

In case of legal entities, you specifically acknowledge that we will not be liable for:

  • loss of profits, sales, business, business opportunity or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or

 

Electronic communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You also consent to receiving communications from us electronically. We will connect and communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that in case there are any changes in any information provided by you to us, including your KYC Information and/or Account Information, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created and given by you on the Website, and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. We follow an opt-out policy, and you are required to communicate with us via the instructions on our Contact Us page, or within the email itself, in order stop receiving electronic communications from us.

You acknowledge that by sending any communication or information to you either through email or the Website, we are not providing you with any ‘investment advice’.

 

Linking and Framing

You may link through the third-party to the home page of our Website, provided you link in a way that is fair, just and legal and does not damage our reputation or take advantage of it. You must not establish a link to the Website in any website that is not owned by you. Our Website must not be framed on any other website, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of Content on the Website other than that set out above, please contact us.

 

Indemnification

To the maximum extent permissible under the Applicable Law, you hereby agree to indemnify and hold the Company, its owners, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees harmless from and against any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of or relating to (a) your use of our Services, (b) your breach of these Terms, or (c) your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

Release and waiver

To the fullest extent permissible under the Applicable Law, you hereby agree to release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Website, its Services, Content, or your use of the Digital Assets.

You understand that any fact relating to any matter covered by this release may be found to be untrue and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or central statute or common law principle of similar effect, to the fullest extent permitted by law.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Account Suspension

You acknowledge and agree that we have the right to immediately (i) terminate/refuse registration as a User; (ii) suspend your Account; (iii) freeze/lock the Digital Assets and/or Fiat Funds in your Wallet(s); and (iv) suspend your access to the Website, until a determination has been made, if:

  • we find that any representation made by you under these Terms of Use is untrue/false in any material aspect;
  • we find that you hold more than 1 (one) Account;
  • we find any information provided by you (including without limitation KYC Information and Account Information) is incomplete, inaccurate, insufficient or forms part of the Sanctions Lists;
  • we change the eligibility criteria to be registered with the Website and you no longer comply with the new eligibility criteria, as determined by us in our sole discretion;
  • we suspect, in our sole discretion, that you are in violation of any provision of these Terms, the Privacy Policy, and/or the AML & KYC Policy; including suspected unauthorised access;
  • we suspect, in our sole discretion, that you are in violation of any Applicable Laws and/or regulations;
  • we are required to do so by a regulatory authority, court order, or any other valid binding order of any governmental authority; or
  • if your Account has not been operated and/or remains dormant for more than 12 months. We will use reasonable efforts to inform you in advance before terminating your Account in this case.

If your right to access your Account and/or the Services is revoked or use of the Services is in any way prohibited, in such circumstances, you agree not to use or access the Website or use the Services in any way including refraining from Transacting. If your Account has been suspended, you will be notified when accessing the Website. We may, in our sole discretion, send written notice that your Account has been suspended and may, in our sole discretion, disclose the reasons for suspension, if permitted to do so under the Applicable Law.

 

Unavailability or Termination of the Website

While we endeavour to regularly update our Website, we cannot guarantee that our Website, and/or any Content on it, will be: (A) free from errors or omissions; and/or (B) available at all times or be uninterrupted. You understand that we are under no obligation to update our Website or ensure that you have permanent access to it. We may suspend, withdraw, discontinue or change all or any part of the Website without prior notice. We will not be liable to you including without limitation for any losses incurred due to volatility of prices of the Digital Assets if for any reason the Website is unavailable at any time or for any period.

 

Applicable Law

Please note that these Terms, its subject matter or formation, and/or any dispute arising out of or in connection with these Terms, are governed by and construed in accordance the laws of the Republic of India. The courts at Gurgaon, India will have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms of Use or any other terms and conditions made applicable on you by us. You hereby consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.  In case, you choose to access the Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws of such jurisdiction.

 

General Terms

Relationship of the Parties

Notwithstanding any provision hereof, for all purposes including without limitation Execution of any order and/or Transaction initiated by you through the Website, you and the Company shall be and act independently and not as a partner, joint venturer, agent, intermediary, broker or in any other fiduciary capacity. You shall not have any authority to assume or create any obligation (including without limitation by way of assignment, transfer, sub-contracting, etc.) for or on behalf of the Company, express or implied, and you shall not attempt to bind us to any contract.

Severability of Terms

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, such term shall to that extent only be severed, and other provisions of such the Terms of Use shall remain in full force and effect. Further, our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

Entire Agreement

These Terms, the Privacy Policy, the AML & KYC Policy, incorporated by reference herein comprise the entire understanding and agreement between you and the Company as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of these Terms), and every nature between and among you and the Company. Section headings in these Terms of Use are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.

 

Contact Us

For general enquires, complaints and/or giving any feedback, please contact us via the instructions on our Website.

 

THANK YOU FOR VISITING US AND USING OUR WEBSITE